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DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION FOR OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL). LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK, IT WILL BE ACCEPTED, ALONG WITH PERTINENT DOCUMENTS, ONLY THE FIRST SEVEN DAYS (1-7) OF THE MONTH FROM 8:00 AM UNTIL 5:00 PM. PLEASE NOTE THAT THE CASHIER LOCATED ON THE 4TH FLOOR WILL CLOSE AT 4:00 PM; THEREFORE, THE COMPLETE APPLICATION, REVIEWED PLANS AND A PAID RECEIPT MUST BE SUBMITTED. RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. I, Judith A. Burke, ESQ., as attorney in fact, on behalf of Sanford Reinhard, Trustee and Ricardo Arrequi, Olqa S. Arrequi, and Tessie T. Arrequi, hereby apply to the City Commission of the City of Miami in accordance with Section 55-15 of the Code of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1. 2,000 Total square feet. 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two 11x17" original current surveys, prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 4. Two original sketch of surveys, prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (see pages 5 and 6). 7. At least two photographs that show the entire property (land and improvements). Rev. 03/27l03 8. Attach Opinion of Title addressing the reversionary rights (note: an update shall be required if more than 3 months elapse before Zoning Board or City Commission approval). 9. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 10. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 (b) Re -submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 Maximum $ 1,700.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 11. All documents, reports, studies, exhibits (an 8 1/2 x 11" copy) or other written or graphic materials, if any, to be used by the applicant in support of the application shall be submitted with and be a part of this application. The undersigned, being the owner or representative of the owner, of the property located at 2333-2335 and 2347 Biscayne Bouldevard, and 2322 and 2338 N.E. 4th Avenue. AND MORE PARTICULARLY DESCRIBED AS: Lots 3, 4, 5, 6, 7 8, 9 and 10, less the West 15 feet of Lots 7, 8, 9 and 10 in Block 6, together with the 10 foot alley located east of the easterly lines of Lots 7 through 10 and West of the Westerly lines of Lots 3 through 6 of "EDGEWATER" according to the plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida. 12. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No. 13. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. 14. What is the purpose of this street closure? To construct a mixed used development utilizing the entire property as described in Paragraph 11 above. Rev. 03/27/03 Signature Name Address Judith A. Burke, Esq. c/o Shutts & Bowen 201 S. Biscayne Boulevard Miami, Florida 33131 Telephone f 305) 379-9187 Date December 5, 2003 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoin instrument was acknowledged before me this day of 2003, by. %�4 who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. Pog"xit, Linda Christian My Commission D0195811 (Stamp) ‘of rsfr moires March 23, 2007 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2003, by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2003, by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 03/27/03 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Judith A. Burke, Esc., who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the street closure as set out in the accompanying petition, © including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at (305)379- 9187. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Judith A. Burke, Esci., as attorney in fact Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing, insirument was a knowledged before me this ,- 2003, by (-! ` 1 _ E day of ` A. who is an individual �ersonly knorrvn to me or who has produced as identification and who did (did not) take an oath. (Stamp) Linda Christian Commission ©D195011 ,?iris March 23, 2007 Rev. 03/27/03 OWNER'S LIST Owner's Name Stanford N. Reinhard, Trustee, owner of Tots 3, 5, 6, 7, 8, 9 and 10 CIO Judith A. Burke, Esq., Shutts & Bowen Mailing Address 201 S. Biscayne Boulevard, Miami, Florida Zip Code 33131 Telephone Number 005) 379-9187 Legal Description: Lots 3, 5, 6, 7 8, 9 and 10, less the West 15 feet of Lots 7, 8, 9 and 10 in Block 6, together with the 10 foot alley located east of the easterly lines of Lots 7 through 10 and West of the Westerly lines of Lots 3 through 6 of "EDGEWATER" according to the plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami - Dade County, Florida. Owner's Name Mailing Address Ricardo Arrequi, Olqa S. Arrequi, and Tessie T. Arrequi, owner of lot 4 c/o Judith A. Burke, Esq., Shutts & Bowen 201 S. Biscayne Boulevard, Miami, Florida Zip Code 33131 Telephone Number ,L3051 379-9187 Legal Description: Lot 4 in Block 6 of "EDGEWATER" according to the plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami - Dade County, Florida. Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Rev. 03/27/03 DISCLOSURE OF OWNERSHIP Sanford N. Reinhard, Trustee 1. Legal description and street address of subject real property: Lots 3, 5, 6, 7 8, 9 and 10, less the West 15 feet of Lots 7, 8, 9 and 10 in Block 6, together with the 10 foot alley located east of the easterly lines of Lots 7 through 10 and West of the Westerly lines of Lots 3 through 6 of "EDGEWATER" according to the plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami - Dade County, Florida. 2333-2335 and 2347 Biscayne Boulevard, and 2322 and 2338 N.E. 4th Avenue 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Sanford N. Reinhard, Trustee Beneficiaries: Cayloft Properties, a Florida General Parntership, Sole Beneficiary Borg -Loft, Inc., General Partner, 100% owner of Cayloft Properties Barry Goldlist, President, 100% owner of Borg —Loft, Inc. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. N/A Judith A. Burke, Esq., as attorney in fact Owner or Attorney for Owner Name Owner or Attorney for Owner Sig r tore STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoin instrument. vas acknowledged before me this day 2003, by 0.. - who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. Linda Cftian (Stamp) , • My Commission 00105811 of ow £xpUes March 23, 2007 Rev. 03/27/03 DISCLOSURE OF OWNERSHIP Ricardo Arregui, Olga S. Arregui and Tessie T. Arregui Legal description and street address of subject real property: Lot 4 in Block 6 of "EDGEWATER" according to the plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami - Dade County, Florida. 2330 N.E. 4th Avenue 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Ricardo Arregui - 25% Olga S. Arregui - 25% Tessie T. Arregui - 50% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. N/A Judith A. Burke, Esq., as attorney in fact Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorney for Owner Signature The foregoing insrrtAivacknowledged before me this day of �-7 ��- 2003, by 0- who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Star) Linda Christian My Commission DD185811 Nag, Expires March 23, 2007 Rev. 03/27/03 t A'I'roR EA'S AND COUN.S. i.,i)RS VI` LAW January 8, 2004 Joel Maxwell, Deputy City Attorney City of Miami City Attorney's Office 444 S.W. Second Avenue Suite 945 Miami, Florida 33130 Re: Danjer Maxian - Application for Official Vacation and Closure of a Public Right - of -Way (the "Application") Dear Joel: Enclosed please find copies of the two revised Opinions of Title issued by Sanford N. Reinhard, Esq. in connection with the above -captioned Application. We prepared the Opinions utilizing the standard City ofMiami form and have clearly outlined the ownership ofthe reversionary rights. 1 would appreciate it if you would confirm that the Opinions are now acceptable. By copy of this letter, we are delivering the originals of the Opinions to Teresita Fernandez at City of Miami Hearing Boards. Thank you for allowing us the opportunity to properly complete the Application and 1 look forward to hearing from you soon. cc: Ms. Teresita Fernandez (wforiginals) Mr. Frank McMahon Sanford Reinhard, Esq. Mr. Barry Goldlist Mr. Ricardo Mucenic Maria A. Gralia, Esq. M1ADCCS 648166.1 LXC Very truly yours, Judith A. Burke 1500 MIAMI CENTER i ER • 201 5001 H BISCAAY9 14 BOU1.1 CARD • S1€All. FLORIDA 33131 • 0fl 11v1I (3(15) 358-6300 • FACSIMILE (303) 381-9962 • wOlOn uvnti.�Luus-lawsom )19911 FORT LAUDERDALE WEST PALM BEACH. OR ANDO TALLAHASSEE A91SLEJ90.0bk IA.J�I)E3\ JAN-07-2004 WED 10 : 28 AM FAX NO P. 03 Opinion of Title To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIA -MI, FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined the complete Abstract of Title completely covering the period from the Beginning to November 17, 2003, inclusive, of the following described real property: Lot 4, Block 6 of EDGEWATER, according to the Plat thereof as recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: RICARDO ARREGUI AND OLGA S. ARREGUI, HIS WIFE, AND TESSIE T. ARREGUI, A SINGLE WOMAN Reversionary rights to the portion adjacent to Lot 4 of the 10 foot alley located East of the Easterly lines of Lots 7 through 10 and West of the Westerly Lines of Lots 3 through 6 of Block 6 of EDGEWA'['ER, according to the Plat thereof as recorded in Nat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida is vested in: RICARDO ARREGUI AND OLGA S. ARREGUI, HIS WIFE, AND TESSIE T. ARREGUI, A SINGLE WOMAN Subject to the following encumbrances, liens and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4 Any unrecorded labor, mechanics or materialnien's liens. 5. Zoning and other restriction imposed by governmental authority. JAN-07-2004 WED 10:29 AM FAX NO, P. 04 SPECIAL EXCEPTIONS: Listing should include, but not be limited to such exceptions as: 6. Holder of Mortgage — None. 7. Restrictions - None. 8. Notice of Lis Pendes with explanation — None. 9. Life Estate — None. 10, Other — None. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as DANI'ER MAXTAN. Name .Enterest Special Exception Nunnber None. 1, the undersigned, further certify that I am an Attorney at Law duly admittedto practice in the State of Florida, and am a member in good standing of the Florida Bar: Respectfully submitted this,`` . day of NAME OF FIRM: SA c INl"iARD P.A. SANFORD N, REINHARD 2875 N.E. 1919` Street, Stz". '404 Aventura, FL 33180 Florida Bar No. 112669 L4i809-1 J0-07-2004 WED 10:29 AM FAX NO, P, 05 Opinion of Title To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA its compliance with. Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined the complete Abstract of Title completely covering the period from the beginning to November 17, 2003, inclusive, of the following described real property. Lots 3, 5, 6, 7, 8, 9 and 10, less the West 15' of Lots 7, 8, 9 and 10, Block 6 of EDGEWATER, according to the Plat thereof as recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida Basing our opinion on said complete abstract covering said period we are of the opinion. that on the last mentioned date the fee simple title to the above described real property was vested in: SANFORD N. REINHARD, TRUSTEE Reversionary rights to the portion adjacent to Lots 3, 5, 6, 7, 8, 9 and 10 of the 10 foot alley located East of the Easterly lines of Lots 7 through 10 and West of the Westerly Lines of Lots 3 through 6 of Block 6 of EDGEWATER, according to the plat thereof as recorded in Plat Boole 2, Page 31, of the Public Records of Miami -Dade County, Florida, is vested in: SANFORD N. REINHARD, TRUSTEE Subject to the following encumbrances, liens and other exceptions: G ENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restriction imposed by governmental authority. 641771-1 JAN-07-2004 WED 10:30 AM FAX NO, P, 06 SPECIAL EXCEPTIONS: Listing should include, but not be limited to such exceptions as: 6. Holder of Mortgage — None. 7 Restrictions - Nome. 8. Notice of Lis Pendes with explanation — None. 9. Life Estate — None. 10, Other — None. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as DANDER MAXIAN. Name Interest Special Exception Number None, I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar: Respectfully submitted this day of -- " , 20 NAME OF FIRM.:. ORD N ` E �►, _ • RD P.A. By: SANFORD N. RETARD 2875 N.E. 1917Sfireet, Suite 404 Aventura, FL'33180 Florida Bar No. 112669 641771-f