HomeMy WebLinkAboutDocumentation_Regular_Tab 06_12/12/2019
Agenda Item #6.
Regular Council
STAFF MEMO
Meeting: Regular Council - Dec 12 2019
Staff Contact: Keith Davis, Village Attorney Department: Legal
TITLE
Acceptance of Two Temporary Construction Access and Use Easements
SUMMARY:
The Village has requested grants of temporary access and construction easements on property at
474 Tequesta Drive and 374 W Riverside Drive for the purpose of making improvements to the
Village sewer system. THe easements are required to legally enter the property and complete the
work.
POTENTIAL MOTION / DIRECTION REQUESTED:
Accept the temporary construction access and use easements on the properties located at 474
Tequesta Drive and 374 W Riverside Drive.
ATTACHMENTS:
Easements Tequesta Drive and Riverside Drive
Page 88 of 294
Agenda Item #6.
Record &. Return To:
Keith W. Davis. Esq.
Davis & Ashton, P.A.
701 Northpoinl Parkway, Suite 205
West Palm Beach, Florida 33407
TEMPORARY CONSTRUCTION ACCESS AND USE EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, CHIN F. CHEN and LINDA
M. PAO, as individuals, whose mailing address is 474 Tequesta Drive, Tequesta, Florida 33469,
hereinafter referred to as "Grantors", owners of the property described hereinbelow, (Street Address:
474 Tequesta 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 NO/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 installation and maintenance of
a lift station 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 the installation of such lift station. 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 installation of the
Village's lift station 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 lift station installation adjacent to the easement area, and written acceptance of same by the
Loxahatchee River Environmental Control District, all rights, titles, and interests herein 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 original state (hut
Page 1 of 4
Page 89 of 294
Agenda Item #6.
considering the existence of the new lift station) upon completion of the lift station installation project.
Thereafter, upon release of this easement, the Village shall have no further responsibility regarding the
installation, maintenance or use of the lift station, but rather, the Loxahatchee River Environmental Control
District shall assume responsibility for the use and maintenance of same, including the need for any
permanent utility easements as determined by and between the Grantor and the Loxahatchee River
Environmental Control District.
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 DeliveredOwner/Grantor:
in the presence of:
WitnessChin F. Chen
Witness
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ______day of _____________, 2019 by
Chin F. Chen, owner of the above-described property, who is personally known to me or who has produced a
valid driver's license as identification and who did/did not take an oath.
(Seal)
Notary Public
State of Florida
Page 2 of 3
Page 90 of 294
Agenda Item #6.
Signed, Sealed, and DeliveredOwner/Grantor:
in the presence of:
WitnessLinda M. Pao
Witness
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ______day of _____________ , 2019 by
Linda M. Pao, owners of the above-described property, who is personally known to me or who has produced a
valid driver's license as identification and who did/did not take an oath.
(Seal)
Notary Public
State of Florida
Attested to:Village:
Lori McWilliams, Village Clerk
Abigail Brennan
Mayor
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ______day of _____________, 2019 by
Abigail Brennan, Mayor, 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
oath.
(Seal)
Notary Public
Page 3 of 4
Page 91 of 294
Agenda Item #6.
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CriRWMRS NOIFS1.Bearings shown hereon are based on The South line of Section 25, Towns,* 40 South, Rage N8919relotlwe thereto.2.Distonces shown hereon represent field meoSurements and
when applicable. coincide with the waded plot unless otherwise noted. Distances shown hereon ore in feet and 0..01 ports thereof..1 4.No documents regarding additkural restHetions.
easements, and/or other matters, unless furnished to this office. how been Mown unless stated hereon.3.information regarding subsurface improvements,enctoochments, and/or overlaps,
if applkoble, has not been determined, unless 4.Devotions shown hereon, If opplicable, are decimal parts thereof. Datum is Dosed on the Reflood Geodetic Vertical Datum (NOM)/(MSL)
Mean Sea Lewd, of 1929.5.According to the Rolland flood Insurance Program, Flood insurance Rote Mop (FIRM) Community Panel No. 120228 0001 C last revised September JO, 1982, this property
as shown hereon lies & SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT9. ADO/liONS OR DELESONS TO SURVEY IMPS OR REPORTS BY
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REPORT OF SURVEY:A three day tide study has not been performed in order to locate the mean high water line, the Stole of Florida boundary line, along the Loxahotchee River. approved
study of a minimum of three consecutive dogs recording the local tides in relationship to on established slate tidal benchmark is required before receiving a stole seal of approval
of the location of the mean high water line. The approximate mean high water line os shown is based on the location of the existing vegetation line.
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THE LOXAHATCHEE. as recorded in Plot Book 9,
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a distance of 100.00 feet to the North lllut of sold Lot 1:
PROPERTY ADDRESS:
474 TEOUESTA DRIVE
A part of Lot 1, Block 4, according to the PLAT OF BLOCKS .3 AND 4, RIVERSIDE Page 4, of the Public Records of Palm Beech County. Roe/do. more particularly descrZed os followsFrom the
Southeast comer of sold Lot proceed Westerly long the South line of said Lot, a distance of 120.22 feat to the Point of Beginning: thence Northerly of right angles to the preceding
C001"50, thence Westerly Wong said North lino 294.8 feet. more or less, to the watots of the Latahatchee River, thence Southeasterly Wong said eaters to said South Me of Lot 1; thence
Easterly alone sold South fine, a distance or 208.0 feet. more or less to the Pant of Beg.ning. Said lands situate, lying and being In Polm Beech County, Florida.Containing: 2.5.997
square feet equaling 0.55 acres, mare or less. Property Control No. 60-42-40-56-04-004-0011
Page 92 of 294
Agenda Item #6.
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 NO/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
Page 1 of 4
Page 93 of 294
Agenda Item #6.
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 hannless 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 Owner/Grantor:
in the presence of:
WitnessRobert M. Passander
Witness
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this Jay 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 identification and who did/did not take an oath.
(Seal)
Page 2 of 4
Page 94 of 294
Agenda Item #6.
Notary Public
State of Florida
Owner/Grantor:
Signed, Sealed, and Delivered
in the presence of:
WitnessTheresa M. Passander
Witness
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ______day of_____________ , 2019 by
Theresa M. Passander, owners of the above-described property, who is personally known to me or who has
produced a valid driver's license as identification and who did/did not take an oath.
(Seal)
Notary Public
State of Florida
Attested to:Village:
Lori McWilliams, Village Clerk
Abigail Brennan
Mayor
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _______day of______________, 2019 by
Abigail Brennan, Mayor, 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
oath.
(Seal)
Notary Public
Page 3 of 4
Page 95 of 294
Agenda Item #6.
Exhibit A
Legal Description and Sketch
Page 4 of 4
Page 96 of 294
Agenda Item #6.
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Page 97 of 294
Agenda Item #6.
Page 98 of 294