HomeMy WebLinkAboutAgreement_General_10/31/2019_Robert and Theresa PassanderCorrection to Shared Sanitary Sewer Service Line between the residences located at 474 Tequesta
Drive and 374 Riverside Drive
It has recently been brought to the attention of Village of Tequesta administration that the sanitary sewer
line dedicated to servicing the residence located at 474 Tequesta Drive (constructed in 2009) was
improperly tied directly into the sanitary sewer line dedicated to servicing the residence located at 374
Riverside Drive (constructed in 1989). The sharing of sanitary sewer service lines between separate single
family residences is not permissible per building and sanitary system codes. Rather, these codes require
each residence to have a separate and independently dedicated sanitary sewer line. With a decade having
passed since this construction occurred, it is unknown how this situation came to be; however, there is
no question that it poses a threat to the public health, safety and welfare in terms of an incorrectly
constructed, .yet operational, sanitary sewer system.
Working with the current property owners as well as the Loxahatchee River District, Village of Tequesta
administration has developed a joint action plan to rectify this condition in order to protect health, safety
and welfare of those who rely on and utilize the sanitary sewer system located in the Village and operated
by the Loxahatchee River District.
The sanitary sewer service system at the properties in question is a gravity flow system that, as the name
indicates, utilizes gravity to direct raw sewage from the residences to a main manhole in the Riverside
Drive right-of-way.
The proposed action plan agreed to by all the interested parties contemplates the following:
1. Loxahatchee River District will cut and cap the shared service line at 474 Tequesta Drive. This will
return the service line at 374 Riverside Drive to being independent and dedicated solely to
servicing the residence at 374 Riverside Drive, utilizing the gravity flow system to deliver the raw
sewage to the main manhole in the Riverside Drive right-of-way.
2. As a result, and due to topography location, the sanitary sewer service line at 474 Tequesta Drive
will no longer be capable of using the gravity flow system to deliver raw sewage from the
residence to the main manhole in the Riverside Drive right-of-way.
3. In order to rectify the unintended creation of this condition, a low-pressure lift station will be
installed on the property at 474 Tequesta Drive. This will provide positive flow to deliver the raw
sewage from the residence at 474 Tequesta Drive to the main manhole in the Riverside Drive
right-of-way.
4. To accommodate the operation of the lift station, approximately 110 linear feet of 1-1/2" service
pipe will be installed from the lift station, into the Village's right-of-way adjacent to the Tequesta
Drive pavement, under the existing sidewalk and then under the pavement of the Riverside Drive
right-of-way to the main manhole. Installation will be via direct bore.
Loxahatchee River district will be responsible for the installation of the service pipe, and for maintenance
and operation of the lift station and the entire sewer system.
The Village of Tequesta will be responsible for the purchase and installation of the lift station itself at 474
Tequesta Drive. A temporary construction easement to facilitate the installation work has been obtained.
The total cost to the Village will be $16,041.00 ($9,546.00 for the lift station itself, and $6,495.00 for the
installation of the lift station) and will be funded through the Village's Building Department budget.
Record & Return To:
Keith W. Davis. Esq.
Davis & Ashton, P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
TEMPORARY CONSTRUCTION ACCESS AND USE EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, ROBERT M. PASSANDER
and THERESA M. PASSANDER, as individuals, whose mailing address is 374 W Riverside Drive,
Tequesta, Florida 33469, hereinafter referred to as "Grantors", owners of the property described
hereinbelow, (Street Address: 374 Riverside Drive, Tequesta, Florida 33469), and the undersigned,
VILLAGE OF TEQUESTA, a municipal corporation existing under the laws of the State of
Florida, whose address is 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the
"Village", for and in consideration of the sum of TEN DOLLARS AND N0/100 ($10.00), receipt of
which is hereby acknowledged, plus specific commitments made herein and other good and valuable
consideration, DO HEREBY AGREE to this non-exclusive Temporary Construction Access and Use
Easement, for the purposes of construction mobilization and construction activity associated with the
removal and capping of approximately 60 feet of 4-inch PVC pipe for the Shared Sanitary Sewer Service
Line that is essential to the support of the Village's existing sewage removal system and allowing the
Village, its agents and employees, access to the temporary construction easement area for matters related
to removal and capping of such pipeline. The Temporary Construction Access and Use Easement area is
approximately sixty feet (60') by three feet (3') by three feet (3') as depicted in the sketch provided in
Exhibit "A". The Temporary Construction Access and Use Easement is located within the following
described land owned by Grantors and lying and being situated in Palm Beach County, Florida, to wit:
See Exhibit "A" attached hereto for complete legal description and sketch.
IT IS EXPRESSLY COVENANTED AND AGREED, that this easement grants the Village, its
agents and employees, the temporary authority to access and enter upon the easement area for the
purposes of construction mobilization and construction activity associated with the removal and capping
of approximately 60 feet of 4-inch PVC pipe for the Shared Sanitary Sewer Service Line adjacent to the
easement area.
FURTHERMORE, IT IS EXPRESSLY COVENANTED AND AGREED that this Temporary
Construction Access and Use Easement does in no way convey the fee simple title to this property nor
shall it be intended to be construed as dedication of the area for public use, but is only a Temporary
Construction Access and Use Easement for the uses and purposes stated herein. Upon the completion of
the PVC pipe removal and capping adjacent to the easement area, all rights, titles, and interests herein
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granted shall be released to the Grantors, their successors and/or assigns in title.
The Village shall be responsible for restoring the easement area to its pre -easement use condition
upon completion of the PVC pipe removal and capping project. Thereafter, upon release of this
easement, the Grantors shall be responsible for the general maintenance of the area owned by the
Grantors which was subject to this grant of easement. Should the easement area or adjacent property be
damaged, in any way, or at any time, whatsoever, due to the use of this temporary easement by the
Village, its agents and/or employees, for the purposes set forth herein, the Village, at its own cost and
expense shall restore the damaged property to its pre -use condition.
The Village shall indemnify and hold harmless Grantors from any and all damages or causes of
action of any kind whatsoever that arise out of the Village's (including the Village's officers, employees,
agents and invitees), use of the temporary easement. The Village's liability shall be limited to the
amounts set forth in Sec. 768.28, Florida Statutes, including limits on the provision of attorney's fees.
Nothing contained herein shall be construed as the Village's consent to be sued, or as a waiver of the
Village's sovereign immunity beyond the waiver provided in Sec. 768.28, Florida Statutes. The
Village's liability obligation shall terminate upon release of this easement.
IN WITNESS WHEREOF, the Grantors and the Village have hereunto caused this Easement
Agreement to be signed on this day of , 2019.
Signed, Sealed, and Delivered Own rantor:
in the presence of:
Witn s Robert M. Passander
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me thi� l day of , 2019 by
Robert M. Passander, owner of the above -described property, who is personally known to me or who
has produced a valid driver's license as identificatiar>t#nd wA� did/did not take an oath. A
(Seal)
KAREN L. BARKALOW Page 2 of 4
Notary Public, State of Florida g
_ Commission# GG 61251
My comm. expires Jan.10, 2021
Notary Public
State of Florida
Signed, Sealed, and Delivered Owner/Grantor:
in the presence of:
r
�tness Theresa M. Passander
i
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this3—)—day of 0 C , 2019 by
Theresa M. Passander, owners of the above -described pr4erty, who is personally known to me or who
has produced a valid driver's license as identificNon anc wf} did/did not take an oath. �
( ea,+ •� W LA/V___�,
KAREN L BARKA,LC�W
Notary Public, State of Florida Notary Public
Commission# GG 6t^51 State of Florida
MY comm. expires Jan. 10, 2021
Attested to: Village:
fli
Lori McWilliams, Village Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this * day of CGr)Je✓ , 2019 by
-Teram yBrennan , , Village of Tequesta, a Florida Municipal Corporation, who is personally
known to me or who has produced a valid driver's license as identification and who did/did not take an
V 4t oath.
`—(Se—
,:: LORIMCWILLIAMS Notary Public
rw,'.
I Commission 0 GG OG4067
q Expires October 1b, 2020
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