HomeMy WebLinkAboutDocumentation_Regular_Tab 06_9/8/2022Agenda Item #6.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 08 2022
Staff Contact: Doug Chambers, Director of Department: Public Works
Public Works
Approve the Loxahatchee River Environmental Control District Sewer Utility Access and Use Easement
Agreement
The Loxahatchee River District owns and maintains a sanitary sewer lift station located on Village
property at 136 Bridge Road, Tequesta, FL 33469
The lift station was installed more than 20 years ago. Neither party has possession of an access and
use easement agreement.
The following easement agreement will memorialize ownership, access and maintenance
responsibilities.
The Village will allow access and use of the easement. LRD will maintain the sewer facilities and
associated equipment. LRD will also maintain and restore the property within the easement.
This access and use easement requires Mayor Molly Young's signature.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
PROJECT NAME: BUDGET: NA ENCUMBERED: NA
Proposed: Projected Remaining:
NA NA
Approve the LRECD Sewer Utility Access and Use Easement Agreement
2022 LRD Sewer Utility Access and Use Easement Agreement
Page 57 of 537
Agenda Item #6.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
To: Jeremy Allen, Village Manager
From: Doug Chambers, Public Works Director
Date: August 26, 2022
Subject: Loxahatchee River Environmental Control District
Sewer Utility Access and Use Easement Agreement
561-768-0700
www.tequesta.org
The Loxahatchee River District owns and maintains a sanitary sewer lift station located on
Village Property at 136 Bridge Road Tequesta Florida 33469.
The lift station was installed more than 20 years ago.
Neither party has possession of an access and use easement agreement.
The following easement agreement will memorialize ownership, access and maintenance
responsibilities.
The Village will allow access and use of the easement. LRD will maintain the sewer facilities and
associated equipment. LRD will also maintain and restore the property within the easement.
This access and use easement requires Mayor Molly Young's signature.
Doug Chambers
Director
Department of Public Works
Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III Council Member Laurie Brandon
Council Member Bruce Prince Council Member Molly Young
Village Manager Jeremy Allen
Page 58 of 537
Agenda Item #6.
LRECD - 109
Prepared By and Return To. -
Kris Dean, P.E.
Loxahatchee River Environmental Control District
2500 Jupiter Park Drive Doc. Stamp Tax Exempt per Fla. Admin. Code
Jupiter, Florida 33458-8964 12B-4.054, par. 24.
SEWER UTILITY ACCESS AND USE EASEMENT
THIS EASEMENT made this day of , 20 , between
VILLAGE OF TEOUESTA , hereinafter called the "Grantor", and the LOXAHATCHEE RIVER
ENVIRONMENTAL CONTROL DISTRICT, an Agency of the State of Florida, created by a
Special Act of the Legislature, Chapter 71-822 as amended, of 2500 Jupiter Park Drive, Jupiter,
Florida 33458-89641 its successors and assigns, herein called the "Grantee".
WITNESSETH
That the Grantor, and all other persons claiming by, through or under Grantor, or either of
them, their predecessors in title, or their heirs, assigns or legal representatives by virtue of any
deeds of conveyances to the land described herein, for and in consideration of the sum of TEN
DOLLARS ($10.00), to it in hand paid by the said Grantee, together with all other covenants made
by the Grantee and contained herein, has granted, bargained and sold to the Grantee, its successors
and assigns, a Sewer Utility Access and Use Easement, consisting of a thirty foot wide by thirty
foot long lift station area with a twelve foot wide by thirty foot long access driveway connecting
to an alleyway that is located on adjacent property to the south of the entire Sewer Utility Access
and Use Easement, said Sewer Utility and Access Easement being located on and within the parcel
of property owned by the Grantor, all as depicted and described in Exhibit A attached hereto and
made a part hereof for all purposes connected with the use, ingress, egress, construction, repair,
replacement, installation, improvement, and maintenance of sewer facilities and facilities for the
transport of reuse (I.Q.) water, or sewerage, including but not limited to transmission mains, force
mains, manholes, lift stations, collection lines, pipes, pumps, connections, ditches, meters and all
other related appurtenances having the capacity for use in connection with the collection or
transmission of wastewater of any nature or originating from any source whether on or off the
property of Grantor. Grantee shall maintain and repair Grantees facilities as there shall be
occasion from time to time hereafter, and Grantee shall restore the grass, sod, or pavement of
Grantor both in and adjacent to the Sewer Utility Access and Use Easement to the similar condition
that was existent thereon prior to any entry or entries by Grantee pursuant to this Sewer Utility
Access and Use Easement.
Grantor shall not place or make any Improvements (the term "Improvements" means
anything including both structures and earth berms, other than grass, sod, or asphalt pavement) in
or on the Sewer Utility Access and Use Easement without the prior written consent of Grantee
which Grantee may withhold in its sole discretion. Any and all Improvements consented to by
Grantee and placed and maintained within the Sewer Utility Access and Use Easement by Grantor
are at the sole risk and expense of Grantor.
Page 59 of 537
Agenda Item #6.
This Sewer Utility Access and Use Easement shall continue in full force and effect in
perpetuity until such time as Grantee no longer requires it for the purposes stated herein, at which
time Grantee shall so advise Grantor, which may then rescind same.
This Easement and the agreements contained herein are binding upon Grantor and Grantee,
its heirs, administrators, personal representatives, successors and/or assigns.
Grantor is seized in fee simple title and is in possession of the lands, including the area
containing this Sewer Utility Access and Use Easement, described and depicted in Exhibit
A. Nothing contained in this Sewer Utility Access and Use Easement shall be construed as
conveying fee simple title to any portion of the land, including the area containing this Sewer
Utility Access and Use Easement, described and depicted in Exhibit A, to Grantee; rather, Grantee
is hereby given the limited access and use rights to the area containing the Sewer Utility Access
and Use Easement as described herein. Grantor does fully warrant title to said property.
IN WITNESS WHEREOF, the undersigned have executed this instrument the date and
year first above written:
Signed, sealed and delivered GRANTOR: Village of Tequesta
in the presence of:
Witness Signature
Printed Name
Witness Signature
Printed Name
2
By:
Print Name:
As:
Page 60 of 537
Agenda Item #6.
STATE OF
COUNTY OF
I hereby certify that on this day, before me by means of — physical presence or ^ online
notarization, an officer duly authorized to administer oaths and take acknowledgments, personally
appeared
known to me to be the person(s) described in and who executed the foregoing instrument, who
acknowledged before me that he/she executed the same, that the above named person is personally
known to me or who produced as identification.
Witness my hand and official seal in the County and State last aforesaid this day of
[SEAL]
NOTARY SIGNATURE
3
Page 61 of 537
Agenda Item #6.
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwillla ys-@teguesta,org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
334699
Pursuant to Article X11 of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
Page 62 of 537
Agenda Item N.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title Il of the American with Disabilities Act of 1990 ("ADA"")
by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AN% published by
the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAGZ."'
Page 63 of 537
Agenda Item #6.
" Exhibit A"'
Legal Description
A tract of land in the Northwest quarter of Section 30, Township 40 South,
Range 43 East, in the Village of Tequesta, Palm Beach County, Florida,
more particularly described as follows:
Commencing at the Southwest corner of the said Section 30; thence due
West (for convenience all bearings shown herein are based on an assumed
meridian) along the West line of Section 30, a distance of 2209.05 feet;
thence North 00 ° 29'45" West, a distance of 3.75 feet to the POINT OF
BEGINNING of the hereinafter described tract; thence North 00'35'40"
West, a distance of 30.00 feet; thence South 89 ° 24'20" West, a distance
of 11.56 feet; thence North 00 ° 49'09" West, a distance of 29.38 feet;
thence North 89 ° 22'03" East, a distance of 29.55 feet; thence South 00 °
51'34" east, a distance of 29.45 feet; thence South 89 ° 24'20" West, a
distance of 5.99 feet; thence South 00 ° 35'40" East, a distance of 30.00
feet; thence South 89°24'20" West, a distance of 12.00 feet to the POINT
OF BEGINNING.
CONTAINS APPROX. 1260 SF
Page 64 of 537
Agenda Item #6.
Page 65 of 537