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6840 SW 77 TERR_GREEN MISC Ills Ihlcumcul Prepared fly mul Return lu: ,lark L. Rivli.n, Esq. ll t rk L. Rivlin, P.A. 50 Madruga Avenue, Suite 120 c rat Gables, FL 33146 /`p�s�J 'duel ID Nioidwr: 09-4035-013-0070 Warranty Decd 1'llis Indellltlrc, M'detllis VA (hyof' October , 1999 A.D., Betiveen � . Pedro Lopez and Soledad Lopez , his wife —p I of the County of n L , State of (^Lcl�� rj , gl',111t01'S, and Michael L. Bossey and Martha A. Bossey, husband and wife S A whose address is? 6840 S .W. 77 Terrace, South Miami , FL 33143 or the coimty or Miami-Dade , stale or Florida , grantees. Witnessedi Ih,nl the li[ZAN'I'OIZS, fur and in considenntion of Ilic sutra of ------------------------TEN DOLLARS ($10) ----------------------��••UZSI.LAIZS. •� •�. and other good and valuable consideration to GRANTORS in hand paid by GRAN'I'FTS, the receipt whereof is hereby ncl5lo,%%dged, hate • • i ginnied, bagained and sold to the said GRANTF.F.S and GRAN'1'I:6S' heirs, successors and assigns lbrever, the Following described land, silunl'e, •••� slat,; of Florida to•wil: •.... • � lying rand being in the County of Miami-Dade •• � • • • • Lots 16 and 17 , in Block 1 , of WEST LARKIN PARK, according tci tj-►e ••••• Plat thereof, as recorded in Plat Book 12 , at Page 49, of the Ptlbliro�••�• Records of Miami-Dade County, Florida •�• Subject to restrictions , easements and limitations of record• it' any, •• provided that this shall not serve to reimpose same, zoning; 0 • ordinances and taxes for the current year and subsequent ye3t% ;••••. Find the grantors do hereby Tully warrant the title to said lund, and will defend the same against lawful claims of all persons whomsoever. Ill Witness NNAICIT0f,the gronlors have hereunto set their hands slid seals We dray and year first above written. Sid nett,scalcll a`1 I Illk,crctl ili our l�001M. Printed Nari♦ : W1 VN E-I I �I��J Pedro Lopez 1 11` 11,_-e �jf�Z Say Wit �S S / 1'.O.AJdress: ZC�C� (. �` .('l. ,((�.{.L( � �r:' .tl' �( d/, ..� Seal Prin ter Name :— —����`�!�' r �'' ` 2� Soledad Lopez''I J Witnes 11.0.Address:,)(,r-0 ,`>W l 1 1 S'I A'1'L OF Florida ! COUNTY OF til%0wI - ��rccaC� 15 ► 'Ilse liirel,oinl; inslrunneol was acknowledged before Fine Ihis dray Fir October ' 1999 by Pedro Lopez and Soledad Lopez , his wife wino fire personally I;nown to raw or who have pnoduccd their 1Q as idenlilicalion. t ' 'i/ . 1 �-�.1- Printe Name: Notar Public OFFICIAI.NfY1'ARY5t:Al. y LUCY FONSK A I:Lrr FKK1'L I,h"r'on1111k.ion F,piw•- N"rn KY t't fill k-17 k rr Fir n r,tI In, r' a 3111 of Sale IIioiv All Men BY '1'llese 1'1'esenls, 'I'lull01is (lay of October , 1999 A.D., 'That ledro Lopez and Soledad Lopez, his wife the Count}, of , state of Florida , fin-st pal•lies,and 4ichael L. Bossey and Martha A. Bossey, husband and wife hose address is: 6840 S .W. 77 Terrace, South Miami , FL 33143 I' Ille county of Miami-Dade slate of Florida , second parties. Vitnesseth that the FIRST PAR'1l1is, fix and in cousidcration of the sum of ------------------------TEN DOLLARS ($10) ----------------------- 0•4xyl.ARS, 0 • and other good and valuable consideration to FIRST PARTIES in hand paid by SECOND PARTIES, the receipt whereof is hereby acknq wle:gytl,have granted, bargained, sold, transferred and delivered to the said SECOND PARTIES and SECOND PARTIES' heirs, successors and aistgn•torever,0••••• •• • • `� -Ihe following goods and chattels: • • .0000. i I • • • • ;Refrigerator, Dishwasher, Electric Range, Oven, Microwave, Wa$hec 0.00• 'Dryer, Storage Shed and Hurricane Shutters . • 0000 0000.• 0 :•• • 0 • . • •• • • 0.00•. •..• 0.00•• 0000• All being located al: 6840 S .W. 77 Terrace, Miami , FL 33143 To Ih1N,C ;111d to Ilol(I the same unto second parlies, and the second parties' heirs, personal representatives, successors and assigns forever. A n(l the first parties covenants will, lite second parlies, and the second parties' heirs, personal representatives, successors and assigns 111111 the first parlies arc the lawlid owner of the said goods and chattels; that they are lice from all encumbrances; That the first parlies have good tight to sell and winslcr said properly, goods and chattels; and that the first parties will warrant and defend the sale and 117111s1Cr of the said property, goods and chattels hereby made to the second parlies, and the second parties heirs, personal re)resentatives, successors and assigns, against the lawlid claims and demands of all persons whomsoever. 'this covenant shall be hinding 11114)[1 the IIrSI parties and the first parties heirs, personal representatives, successors and assigns. Ill Witness `Vllel'eor,the find parties have hereunto set (heir hands and seals tine day and year first above written. SiL'nC(l, sr:11c(I :111(1 (ICli TIT(l ill our IlrCSyl)cC: f. (Seal) Vr i n ted Name r (' ,) f' Pedro/Lopez W i t n' s s 1 P.O.Address: (Seal) Printe Name : �'t'' ` I `,�.( Soledad Lopez W i t n e s 11.0.Address: STA'L'E OF Florida COUNTY OF The foregoing instrument was acknowledged befi61C nne Ibis J._l I (illy of October , 1999 by Pedro Lopez and Soledad Lopez , his wife who are personally known to line or who have produced their j tin. - A I; idcnlilicalion. Printed ame: - -� Notary Public OFFIFONSFC CUT;Ent. LUCY FONSIiCA GUTIERRI"l My Commission Expires: N(7fAKY PUMIC STATE OF FLORIDA COMMISSION NO.CC7,19754 ;1dT 9 1 r�� � ,�� ���-,i r...C,r,,.rn�. .,,1,��,, o. ��ioa r.m 11,1�tts r„����rr n.�� n CITY OF SOUTH MIAMI ......................... a INTER-OFFICE MEMORANDUM To: Eddie Cox Date: February 23, 1996 City Manager 6 From: Bill Mackey Re: HRS and DERM Rules Acting Director of Planning Division for Septic Tank Permits SEPTIC TANKS It has been brought to my attention that HRS and/or DERM may limit or prohibit construction of certain buildings and/or additions, due to restrictions on septic tank placement and lot size. I have requested that Brian identify projects with septic tanks during waiver-of-plat review and site plan review for new houses. Brian will then contact applicants and inform them that a potential problem may exist. I hope that this policy will prevent disappointment on the part of members of the public who may not be aware of restrictions imposed by HRS and DERM. This policy is in response to the information received via the attached telefacsimile. Thank you. attachments: Letter of Inquiry dated August 22, 1995 Letter of Response dated August 23, 1995 Metropolitan Dade County Code excerpt c: Sonia Lama, AIA Acting Building Director Brian T. Soltz Planning Technician vu,yC.+. +,ui,,,u ,o: brianbonz Date:8122195 Time:17:11:58 Page 2 of 3 August 22, 1995 City of' South Nhami Building, Zoning and Community Development Department 6130 Sunset Drive, 2nd Floor South Miami, Fl. 33143 Attn: Brian Soltz Re: Folio Number: 09-4035-013-007_0 Address: 6, 840 S.W. 77 Terrace Legal Descrintori West Larking Park PB 12-49 Lots 16 & 17 BLK 1 Lot Size 50' x 125' Dear Brian, During our numerous telephone conversations, I have expressed several concerns over a vacant lot I am purchasing at the above address. My most critical concern has been water service for that lot. Currently, all residences on S.W. 77 Terrace have well pumps and septic tanks on their properties. I spoke to Efrain Lopez from HRS and lie specifies that if I were to build a house on that lot with a well pump, I am limited to a 2 bedroom house with 1,000 square feet of living area not including a garage and terraces. In addition, the well pump needs to be 75 feet from my septic tank and any other well pump or septic tank in the area, which might be difficult considering that the lot is 50'x 125' . According to our conversation, I am able to build a house of 1,875 square feet respecting the set backs detailed in your fax of August 8, 1995. In order for me to build a house of that nature, I would have to bring in the city water from a block away(approximately 600 ft.) and incur an expense of approximately $25,000.00, ifI am lucky. I find this to be outrageously expensive and out of my reach. If possible, kindly accept this request to provide me with a way of confronting this matter where I can have a favorable and feasible outcome. I also need in addition, for you to kindly include in your letter of response, an answer to the following questions associated with building and zoning in that area: 1.- Is the above vacant lot platted and buildable according to the City of South Miami? 2.- If the lot is buildable, can I build a two-story home? 3.-, l s there currently a moratorium on new well water and septic tank installations? Date:8122/95 Time:17:12:56 Page 3 of 3 Re: 6840 S.W. 77 Terr. (coat.) 4.- Has the water in that area ever been contaminated in the past? If so, please provide me with the date discovered, resolved, and is it currently contaminated. 5.- Does the City of South Miami intend on providing S.W. 77 Terrace with city water anytime in the near future'? 6.- flow can I obtain information on the current positions of well water pumps and septic tanks in the residences that are adjacent to my property? Brian, please be aware that it has been my long desire to live in the City of South Miami and I would like to build a beautiful home there for myself. But, the above restrictions are making it somewhat difficult. I would also like to thank you for extreme cooperation since day one. Should you have any questions, or need additional information, please call me at my business number(305) 545-8100 or my digital beeper(305) 337-1897. Yours truly, Jorge A. Tnijillo cc. Teresa Rios, Remax Southern Properties City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663-6327 August 23, 1995 Fax (305) 666-4591 Jorge A. Trujillo Phone: (305) 545-8100 Fax: (305) 545-8811 Re: 6840 S.W. 77 Terrace Folio #: 09-4035-013-0070 Dear Mr. Trujillo: This letter is in response to your correspondence dated August 22, 1995. With respect to your request for information regarding the property located at 6840 S.W. 77 Terrace. 1) Is the above vacant lot platted and buildable according to the City of South Miami? Yes, the above vacant lot is buildable. Please see the attached dimensional requirements for the RS-3 district. The requirements must be met regardless of the size of the lot. If you decide that the size of the property poses a hardship, you may seek a variance pursuant to section 20-5.9 of the City's Land Development Code. 2) If the lot is buildable, can I build a two-story home? Yes, the City's land development code allows 2 story homes in all residential zoning districts. (See attachment) 3) Is there currently a moratorium on new well water and septic tank installations? HRS regulates the use of septic tanks and water wells within the City of South Miami. 4) Has the water in that area ever been contaminated in the past? The City is not aware of any water contamination problems in that area; however, you may wish to contact Metro-Dade DERM and/or HRS for verification. 5) Does the City of South Miami intend on providing S.W. 77 Terrace with City water anytime in the near future? The water and sewer system throughout the City is owned and operated by the Miami-Dade Water and Sewer Authority. Any information regarding the extension of the lines can be obtained through their department by calling 669- 7666. "City of Pleasant Living" 6) How can 1 obtain information on the current positions of well water pumps and septic tanks in the residences that are adjacent to my property? The City of South Miami maintains on file building records for the residences adjacent to the subject property. It is possible that these records can be used to locate the position of the adjacent property's septic tanks and water wells. To access these records please call the microfilm clerk, Lidia Fernandez,at 663-3867. If you have any further questions regarding this matter or any other, please do not hesitate to call me at (305)663-6327 or Mr. Soltz at (305)663-6347. We will be happy to assist you. Thank you for your inquiry. Sincerely, / n Dean L. Mimms, AICP Director of the Building, Zoning & Community Development Department attachment cc: Bill Mackey Planner c:\wpdocsVetters\trujillo.77T ZONING REGULATIONS 20-3.5 Section 20-3.5E DIMENSIONAL REQUIREMENTS SINGLE-FAMILY DISTRICTS REQUIREMENT RS-1 RS-2 RS-3 RS-4 Min. Lot Size Net Area (sq. ft.) 40,000 15,000 10,000 6,000 r 000 Frontage (ft.) 125 100 75 60 70 Min. Yard Setbacks (ft.) Front 50 35 25 25 �5 Rear 25 25 25 25 25 Side (Interior)a 12.5 10 7.5 7.56 7 S h Side (Street) 20 15 15 15 S Max. Building Height Stories 2 2 2 2 a Feet 25 25 25 25 c15 Max. Building Coverage (%) 20 30 30 30 30 Max. Impervious Coverage (%) 30 40 40 45 &15 a Cumulative width of both side yards shall be not less than 20 percent of total lot width. b Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. On CIE- LP • �2 2 h 47 'F_:IVVL WMOMCMAL PROTECTION 924-13 said liquid or solid wastes and unless the trans- the County or municipal officer, agent, employee porter's permit specifies approval for disposal at or Board affirmatively determines that the resi- said site.For the purpose of this section,the only dential land use will comply with one(1)or more lawful disposal of waste oil, waste solvents and of the requirements as set forth in subsections hazardous wastes shall be in a manner consistent 24-13(3)(a), (b), (c), (d), (e), and (f) and Section 24- with all federal, State and local regulations. 45(1)of this Code,and,additionally,that the prop. (10) It shall be the responsibility of all liquid erty is not within a feasible distance for a public waste generators to utilize a liquid waste trans- water main or public sanitary sewers. porter having a valid and up-to-date Department Furthermore,notwithstanding any provision of of Environmental Resources Management liquid this Code, no arson shall construct, utilize, o waste transporter operating permit. P A- erate,occupy or cause,allow,let,permit or sutler (11) Exemptions.The on-site transport of liquid to be constructed, utilized, operated or occupied waste to a spot or location within the boundaries any residential laud use served or to be served by of a given facility, location,property or site, and a septic tank or any source of potable water supply the transportation of fully containerized and her- until the County or municipal officer, agent, em- metically sealed receptacles which are approved ployee or Board aM matively determines that the by DOT will be excepted from the provisions of residential land use will comply with one (1) or this section, provided said transport is passing more of the requirements set forth in subsections through Dade County and provided Dade County 24.13(3)(a), (b), (c), (d), (e) and (i) and Section 24. is not the point of origin,final destination or place 45(1)of this Code,and,additionally,that the prop- of disposal. • erty is not within a feasible distance for a public (Ord.No.83-109,§2, 11-15.88;Ord.No.85-5,§2, water main or public sanitary sewers. 2.5-85; Ord No. 86-98, § 2, 12.16-86) (a) Where public water is used. Sec. 24-13. Liquid waste disposal and potable U) The minimum lot size for a single- water supply systems. family residence shall be fifteen thou- sand (15,000) square feet of unsub• (1) The intent and purpose of this section is to merged land; safeguard the public health, safety, and welfare (u) The minimum lot size for a duplex res- by regulating liquid waste storage, disposal and idence shall be twenty thousand treatment methods other than sanitary sewers and (20,000) square feet of unsubmerged any source of potable water supply. land; (2) No person shall discharge or cause, allow, (iii) The maximum sewage loading for all permit, let or suffer to be discharged any liquid other residential uses shall be one thou- waste or other substance of any kind whatsoever sand five hundred (1,500) gallons per into a septic tank other than domestic sewage. day per unsubmerged acre; or 4�7 (3) Notwithstanding any provision of this Code, (b) Where public water is not used: no County or municipal officer, agent, employee U) The minimum lot size for a-single- or Board shall approve,grant or issue any building family residence shall be twenty thou- . permit, certificate of use and occupancy (except sand three hundred twenty-eight for changes in ownership),municipal occupational (20,326) square feet of unsubmerged license(except for changes in ownership),platting land; action(final plat,waiver of plat or equivalent mu- (ii) The minimum lot size for a duplex res- nicipal platting action) or zoning action (district idence shall be twenty-nine thousand boundary change, unusual use, use variance or forty (29,040) square feet of unsub- equivalent municipal zoning action) for any resi- merged land; dential land use served or to be served by a septic (iii) The maximum sewage loading for all tank or any source of potable water supply until other residential uses shall be seven 3293 §24.13 =E COEMTY Dom hundred fifty(750)gallons per day per tains land uses served by septic tank(s) unsubmerged acre; or and a public water supply, and (c) In the case of a property owner who has (iii) That the property complies with the requested to use a tract of land for a single- minimum lot size requirements and the family residence or duplex residence but maximum lot size requirements and the which tract of land fails to comply with the maximum daily domestic sewage flow minimum lot size requirements of subset- (sewage loading) requirements of tions (3)(a)(i)or(3)(a)(ii)hereof and a public Chapter 10D-6 of the State of Florida right-of-way containing an available and op. Rules of the Department of Health and erative public water main or easement con. Rehabilitative Services as same may taining an available and operative public be amended from time to time, or has water main abuts said tract of land, the obtained a variance from the aforemen- Director of the Department of Environ. tioned requirements of Chapter 1OD-6, mental Resources Management or his des- and ignee has issued his written approval for Uv) The property was part of a recorded sub- the use of a septic tank for such single- division which was created by plat or family residence or duplex residence. The deed but said subdivision has not con- Director or his designee shall issue his tinuously remained as a legally re- written approval only if he finds that said corded subdivision and the size of each tract of land was created by deed prior to proposed lot is the same or larger than January 1, 1958,or was created'by plat ap- the lots set forth in the recorded sub- proved by the governmental authorities division,and having jurisdiction prior.to January 1,1972, (v) That if the property is located within provided that said tract of land, as created the Northwest WellfWd protection area by the originally recorded plat or originally or within the West Wellfield Interim recorded plat or originally recorded deed, Protection area or within the basic well- has continuously remained in the same form utility potable water supply well, the as set forth in the originally recorded plat property complies with subsection 24, or deed, or 12.1(4)(a) and (d) of this Code, and (d) The Director of the Department of Environ- (vi) That residential land uses other than a mental Resources Management or his des- single family residence or a duplex res- ignee has issued his written approval for idence shall be in compliance with sub- any residential land use served or to be sections 24.13(3)(a)(iii), or served by a public water main and a septic (e) The Director of the Department of Environ- tank- The Director or his designee shall mental Resources Management or his des- issue his written approval only if he finds ignee has issued his written approval for a the following: platting action(final plat,waiver of plat,or (i) That extension of public sanitary equivalent municipal platting action) for a sewers to serve the property from the residential subdivision which was in exist- nearest available point of connection once prior to the effective date of this sub- to an available public sanitary sewer section served or to be served by a public is not within a feasible distance for water main and septic tanks. The Director or his designee shall issue his written ap- public sanitary sewers, and proval only if he finds the following: (ii) That more than fifty(50)percent of an area, consisting of a minimum of one- (i) The extension of public sanitary sewers quarter mile square extending a min- to serve the property from the nearest imum of one-eighth of a mile radially available point of connection to an from the perimeter of the property,con- available public sanitary sewer is not 3294