PIPE LINE CROSSING EAST AVENUE
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Pi' I'." Line Crl>HHln~
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TillS ACIlEEMENT, Mudc tltis
20th
day of
MAY l3196'
April ,1964, between SEAlIOAIW AI~l'f"~
Cit)' 01 C1eanata. a -..lcipal
IlAILIlOAD COMPANY, herclnuftcr ,Iesignuted "Hailroa,I", and
...,..tl_ of 'lodda,
hereinafter designated "Licensee"; (All terms used herein shall be construed a.. embracing such number and gender as the
character of the party or parties requires).
WITNESSETH:
1. Rallroad, in consideration of $ 1._ ,..11. pll)'1A9Rt iR .A...RII- II' S pvr BaRillA. and the faithful per-
fonnance by Licensee of his undertakings herein contained, grants Licensee, subject to the terms and conditions hereinafter set
out, the right and license to lay, maintain and operate under the tracks and property of Rallroad lhe following described line or
lines of pipe, hereinafler referred to as "line of pipe":
A u..0Jt J.J-iaOIa (0.0.) Btwle .-.1 pipe withiD a 6.625-1'" (O.D.)
Itl.. .....1 _tag pipe ia ... __ C~... .....U.. c.a,~. 1'1ec:l....,
,. ,tae ......... 0'1 ....&1.... aonlDo _>t... the Uu1ca e4!. ""Rai1.
...... 1._-~...... ,. 1eM, ..tlltlud1JP tw. lta,Mi18 .... 875. in
.....__ wi_ Lt....... applioa'l_ ad Cap)' .t t. _JlI'J~~" *a__
dated MuaIl 6, 19M. att...... ...... .. a put ......
2. Railroad grants Licensee a subsurface Ucense only hereunder subject to any rights heretofore panted to others. Rail-
road reserves the right al any time to make such use of its property as it may desire or to graDt \be use thereof to others, aDd
should any such use make it necessary to disturb said UDe of pipe, LiceDRee will, at his cost, upoa Dotlce iD WritlDg so to do,
relocate or provide for the protectioD of the Raid UDe of pipe.
3. The iDslallatloD of the said UDe of p'i~, its quaUt.!, i\8 10catloD aDd its depth 00 aDd UDder the property of Railroad
shall be subjeotto the approval of the Chief ~DglDeer of Railroad who may aocept or reteol the same aDd Iiis JudgmeDtshall be
fiDa.1 iD respect to all matters aDd things iD cODneotUJD therewUJa. Where ~ne of p I?l e pus. es under anftra. ck or traoks it
shall be located al a depth of Dot less thaD ,,:feet 6 lIICIIaee . ., thti....., tMts.e to the
tap OIl ,.... cuiag pi...
All work dODe by the Lioensee within the Umits of the right of way of R.Uroad shall be performed in accordance with such
instrllctions as the Chief Engineer of Railroad, 01' his authorized representative, shall cODsider necessary or advisable to safe-
soard the RaUroad's property or its operatioDs, after alleast five days' notice in writing to the Division Engineer of Railroad.
4. LlceDsee will, at his IIOle expeDse, provide for the proteotlon of and make any and all repairs to the traoks and other
property of RaUroad neoessitated by the In.lallation, maiDtenance, operation, use or removal of said Une of lIipe, aDd will re-
Imliurse RaUroad for aDY expense which it may InCDr as a result thereof, Including any expense which RaUroad may iDcur in the
supervision of any such work whioh may be performed by the Licensee. .
5. The lIassa8e of eDjJiDes ,or traiDS shall Dol be hindered or delilyed, Dor shan the drainal..e of Rallroad's pro~rty be
interfered with by the InstallalioD, operation, use, mainlenaDce or removal of said UDe of pipe, ancl LiceDsee will Immediately
remedy any slloh conditionthlls oreated.
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P1IH~ Line I.rOHHln/!:
Form I:l1i:1 10-52
Sheet 2
6. Licensee will maintuln Ilnd rcpuir Hllid line of pipe to the :;Ilti>;{uction of the Chief Engineer of lIailroad. Should the
operation or inallelluatc mnintenance of :;aiJ line of pipe at any lime jeopardize Ihe operations of HllilroaJ in nny way, this
agreement mar. he IlIIlIIedil'tely lerminllted, II/Ill IInilroaJ rc:;erveA Ihe right 10 Illke Bueh aelion nt; may he necessary 10 eliminate
Ihe hazard an. LicenBee agrees 10 pay Ihe eo:;1 Ihereof prolllplly upon reeeipl of bill Iherefor.
7. Ilailroad IIIny, nt its o{'tion, Inke over and perforlll any "ork or obligalion 10 he yerformed by Licensee hereunder and
Licensee agrees to reimhurse I ailroad for the cost thereof promptly upon receipl of bill therefor.
U. Ilailroad does not warrnnt lille 10, or the quiel enjoymenl oC, any property whalever, and shall he under no ohli/!:alion to
acquire additional right of way for said line of pipe, Use oC Ihe property of lIailroad, however long continued, shall not creole
any estale or easement in Licensee or any rights other than the right and license herein granted.
9. Licensee herehy assumes risk of loss, Injury or damage to the person and the property of Licensee and all other per-
sons and property, growing In any manner out of the installation, presence, operation, maintenance or removal of sold line of
pipe, its appurtenances, or any part thereof. Licensee will. at all times, indemnify Railroad, and the lessors or lessees of
Railroad, against loss, cost or expense which 'Railroad, and the lessors or lessees of Hailroad, may sustain as aforesaid.
10. This agreement shall stand terminated upon the expiration of sixty days afler wriUen notice is given by either party to
the other of the intention to terminate the same; provided, however, this agreement may be terminated by Railroad without notice
if Licensee abandons the use of said line of pipe or if Licensee removes from the location or plant which the said line of pipe
serves. Upon abandonment of operation of said line of piye, Licensee will, if Railroad so desires, remove it and itsappurte-
nances from Railroad's property, and will, restore the tracks and property of Railroad to as good condition as when previously
found, or Railroad may, at its option, retain said line of pipe, or remove the same at the expense of the Licensee.
II. The right and license herein granted is a personal one, shall not become one coupled with an interest, and shall not be
assigned or, l:'ansferred without the wriUen consent of Railroad. However, 'except as dius limited and subject to the rights of
termination as hereinabove provided, all of the terms and conditions of this agreement shall inure to the benefit of and be bind-
Ing upon the respective legal representatives, heirs, successors and assigns of the parties hereto.
12. Licensee will, at its expense, maintain anJ repair any lines of pipe to the satisfaction of the Chief Engineer of Rail-
road, and should it become necessary for Licensee to provide special equipment to prevent electrolysis, such equipment must
be installed and operated in such a manner as not to interfere with the operation of the signal, conununicatlon and electrical
systems of the RaUroad and its licensees. Before any such equipment is Installed, Licensee will submit to Railroad for Its
consideration. the plan by which it intends to prevent or eliminate any electrolysiS. Should It become necessary at any time for
Railroad or Its licensees to make any change or modification in their sl~al, communication, or electrical systems to protect
them against the foreign currents set up by the equipment used to prevent or ellminat" electrolysis, the entire cost of any such
change or modification will be borne by Licensee.
11. UII1.8a "11Ift t:eadaated .. ...ia tile -~.~ .....1. ........ 'hia
a... ..t: ....11 .-t~ ill ."... .. 1_ .. Rdb'" aball __laM 'to
......,. tile Raik.. ... ell ...... . OIIU C_t Raile... c.....y at Cl.......
Ifl_1da, ... ahall t4tIIda.te ... ....atl.. OIl. a.. .....aU.. .. Itai.b.... t
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be duly executed, the day and year first
above written.
By
Vice President
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Wltnesl:leti as to Llcenseei
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APPLICATION Fffi PIPE LINE CROSSING UNDER PROPERTIES AND TRACKS OF
SEABOARD AIR LINE RAILROAD COI1PANY
MATERIAL AND INSTALLATION ARE TO BE IN STRICT ACCCRDANCE WITH THS SPECIFICATIONS OF THE AMERICAN
RAILWAY ENGINEERING ASSOCIATION AND REQUIREMENTS OF THE SEABOARD AIR LINE RAILROAD CrnPANY.
1. Name of Applicant:
(a.)
(b)
(c)
(d)
Correct name of app1ioant
'rhd City of Clc.al1'Wa'ter
Post Office address
Clearwater. Florid&
If inoorporated, name of state 1n which incorp9rated
If partnership, name and initials of all partners. (If women, given and surnames be-
fore marriage and present surnames)
2. Location of CroBsing:
1690
north
(direotion) from nearest Railroad Mile Post 875
(a)
(b)
(0)
(d)
feet
County
Pinell.:!
State
floriiiA
Noarest station Cl..l"W.Iltal'
County Pinall"A
State Fl"n"iI'lJlll
Within limits of public highway or street? Stl"l!llAt
Name of road or street
Ita.. Avanua
State, Federal or County number
Hona
3. Installation:
(a)
(b)
Method of plaoing pipe
.... t 0' '_k au hA.....
1 A , A' ...._ ......
Will tempOraljf track support be required? no
Desoribe
(c) Will riprapping be required?
'DO
Desoribe
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(d)
(e)
( f)
Is track in cut or on fill?
on leyel
Give dimension from top of rail to cut or fill
Must wires, poles, or other obstructions be removed or relocated?
no
Describe
(Expense of removal or relocation is to be paid for by applicant)
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