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PIPE LINE CROSSING FRANKLIN STREET .. I I~'" Pi~~~~~Ciliib :FEB 7 1963 THIS AGIlEEMENT, Made this 7th day of January , 1963, between SEABOAHlCltlfl c!C~kK CI.tr ., CIl...... a ~~PI' ~ HAILHOAD COMPANY, hereinafter designated "Hailroad", and ... ., noaMa, hereinafter designated "Licensee"; (All terms used herein shall be construed as embracing such number and gender us the character of the party or parties requires); WITNESSETH: I. Railroad, in consideration of ... Doll~ ($ I.CIt ), and the faithful performance by Licensee of his undertakings herein contained, grants Licensee, subject to the terms and conditions hereinafter set out, the right IUld liceRse to lay, mai~tain and oper~ under the tracks and property of Railroad the following described line or lines of pipe, hereinafter referred to as "line of pipe": A 11M .t 3.S-lMIa (O.D.) .... .... wltlda . 6.62~ (O.D.) ~'..~., pI.pt Sa.. .... ~I'W&_. PlM11M c.." P'1.e:rUa, to. ..... aJUl4. .. If aWNl ... ...... ..n~. .. .......,.. ___ ., .... ,1IIIbW Aa'~ ~m.,....... ........ ... ....11... ...... ... J..'I r. .. "l,,"rr~ 1d.\Jl 14'.111I." ........... MIl ....ell. Dnll~"~'" ..... ....t.., .... ..... Mr..... a "*" 1aA' II' . <a> IM.....t.. .v... ...,. IN tile ... 1UI __ .. tM .".... ..,... __ tdU M ..1tlI ... ...... 2. Railroad grants Licensee a subsurface license only hereunder subject to any rights heretofore granted to others, Rail- road reserves the right at any time to make such use 01 its property as it may desire or to grant the use thereof to others, and should any such use make it necessary to disturb said line of pipe, Licensee will, at his cost, upon notice in writing so to do, relocate or provide for the protection of the said line of pipe. 3. The installation of the said line of p'iJltl, its quality, its location and its depth on and under the property of Railroad shall be subject to the approval of the Chief 'Enll!ineer 01 Railroad who may accept or reject the same and liis judgment shall be final in respect to all matters and thinll!s in cop.,. tfIIit~.~I..f" W.,.,....~v.r tracks it shall be located at a depth of not less than , .." - ~ ...... All work done by the Licensee within the limits of the right of way of Hailroad shall he performed in accordance with such instructions as the Chief Engineer of Railroad, or his authorized representative, shall consider necessary or advisahle to safe- guard the Hailroad's property or its operations, alter at least five days' notice in writing to the Division Engineer of Railroad. 4. Licensee will, at his sole expense, provide for the protection of and make any and all repairs to the tracks and other property of Railroad necessitated by the installation, maintenance, operation, use or removal of said line of ('ipe, and will rc- lml)urse Hailroad for any expense which it may incur as a result thereof, including any expense which Hallroad may incur in the supervision l;lf any such work which may be perlormed hy the Licensee. . 5. The passage of engines or trains shall not be hindered or delayed, nor shall the drainage of Railroad's property be Interfered with hy the installation, operation, use, maintenance or removal of said line of pipe, and Licensee will immediately remedy any such condition thus created. t5~C03 -{jJ ( <d.J . I I- PIJ.l.e Line Crossing Form 1363 10-52 Sheet 2 6, Licensee will maintain and repair said line of pipe to the satisfaction of the Chief Engineer of Railroad. Should the operation or Inadequate maintenance of said line of pipe at any time jeopardize the operations of Railroad In any way, this agreement, may be Immediately terminated, and Railroad reserves the right lo take such action as may be necessary to eliminate die hazard and Licensee agrees to pay the cost thereof promptly upon receipt of bill therefor. 7. Railroad may, at Its ~tion, take over and p'erform any work or obligation to be 'performed by Licensee hereunder and Licensee agrees lo reimburse Railroad for the cost thereof promptly upon receipt of bill therefor. 8. Railroad does not warrant tide to, or the quiet enjoyment of, any property whatever, and shall be under no obligation to acquire additional right of way for said line of pipe. Use of the property of Railroad, however long continued, shall not create any estate or easement in Licensee or any rights other than the right and license herein granted. 9. Licensee hereby 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 said line 01 !Iipe, 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 or Railroad, may sustain as aforesaid. 10. This agreement shall stand terminated upon the expiration of sixty days alter written 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 pi'pe, Licensee will,' if Railroad so desires, remove it and its appurte- nances from Railroad's property, and will reslore the tracks and , property of Railroad to as good condition as when previously found, or Railroad may, at its option, retain said line 01 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 transferred without the written consent of Railroad. However, except as thus limited and subject lo 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 and repair any lines of pipe to the satisfaction 01 the Chiel Engineer of Rail- road, and should it become necessary for Licensee, lo provide special equipment to prevent electrolysis, such equipment must be installed and operated in such a manner as notlo mterfere with the operation of the signal, communication and electrical systems of the RaHroad and its licensees. Before any such equipment is installed, Licensee will submit lo Railroad for its consideration the plan by which it intends lo 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 signal, communication, or electrical systems to protect them against the foreign currents set up by the equipment used lo prevent or eliminate electrolysis, the entire cost of any such change or modification will be home by Licensee. 13. UDl........ ~t.l.. aaIIlln the..._ hen1D JlNriAed, ~ .....-_ .-u __.eta eft.. . ... .. Rai1'rea4 .a.u. ..~ \0 .,.._ the ,1'&IJ.ree4 .. .t -.. . CIIa1t 00.. Ra1:I.JIOII4 ~ a' Cleazw\.., norUa, .... .ball tuIdaa..- .pm ...... .t ._ ....u. 117 ~. IN TESTIMONY WHEREOF, the parties herelo have caused this agreementlo be duly executed, the day and year first above written. By Vice President Witnesses as to Licensee: . ~w.o.#~ ~ ~;;V YfLr '. I I~ APPLICATION FCR PIPE LDJE CROSSING UNDm PROPERTIES AND TRACKS OF " SEABOARD AIR LINE RAIIROAD COMPANY MATERIAL AND INSTALLATION ARE TO BE IN STRICT ACCrnDANCE WITH THE SPECIFICATIONS OF THE AMERICAN RAILWAY ENGINEERING ASSOCIATION AND REQUmEMENTS OF THE SEABOARD Am LINE RAILROAD CGfi'ANY. . 1. Narne of Applica.nt: (a.) (b) (0) (d) Correc~ name of applioant The Citv of Clearwater Post Office address C~.arwa~er. F10rida If, incorporated, name of state in which incorporated If partnership, nAme and l,nitials of all partners. (If women, given and surnames be-. fore rnarriage and present swmames) 2. Locatio!'!. of Crossing: At Franklin'S'treet in Clearwater ' ( a) '"l:...-..-----t...t..-----...---_~iF. 8.... ..)...-iftM --nee...e...-Reiol:P6at&. Mil-}.e-ileeot:. (b) (0) (d) County PinAllas State Florida Nearest stationCleat"~ate:r State Florida County Pinellas Witpln li.m:tts of publio highwS3 or street? Yes Name of road or street l't"anklin Street State, Federal or County number None' 3. Installation: (a) (b) Method of placing pipe Jack and gore Will temporal" track support be required? No Describe (0) Will riprapping be required? (d) Is, track in cut or on fill? neither (e) Give dimension from top of ra:ll to cut or fill - (f) Must wires, poles, or other obstructions be removed or relocated? no No Describe Desc:cibe (Expen~3e of removal or relocation is to be paid for by applicant) ." ,- I . 4. Carrier Pipet (a) (b) (c) (d) (e) ( f') (g) (h) (i) 5. Material or product to be conveyed Natural Gas 10. F . Temperature of' material or product Flammable? yea Maximum working pressure 50 psi Test Pressure 100 psi ~nd of' pipe Black Steel Material Specifications API Cl::: B Pipe inside diameter3,106S"Outside diameter 3.5" Wall Thickness 0.216LengthPlan Type of seam SMal... Kind of joints Minimum yield strength PSI WELDED 35000 psi 171' .....t &nd 186' ...st of ~~ line Location of out-ott valves Casing Pipe: (a) (b) (0) Cd) (e) (f) 6. Kind of pipe Black Steel Material Specifications API Class B Bee Pipe inside diameter~..249"Outs1de diamete:rC S/8"Wall thioknessO.188" Lengthplan Minimum yield strength PSI 350 0 Op~;i Are vents provided? Ae- Yes Are ends sealed? .&),Q. Yes * Give dimension from top of' pipe to top of cross tie 36" Drawings: Kind of joints welded * The ends of the casing pipe for the main line track and adjacent passing track will be sealed and vented. This application is to be acoompanied b,y a drawing showing plan and elevation section of the crossing. Drawing to show location in respect to mile post, Railroad right of w~, and any adjacent structures tpat may affect crossing. Section shall show all information in Figures 1 and 2 of AREA SpeCifications, Part 5 - Pipelines. 7. Original and eight copies of this form with nine permanent prints ot the above drawing must accompany all requests for crossings. . 8. If application is approved, applicant agrees to reimburse the Railroad for a~ costs incur- red qy Railroad incident to installation, maintenance, and/or supervision necessitat~d Qy this pipe line croBsing, and further agrees to assume all liability for accident or injury which may arise as a result of this installation. The tity of Clearwa1:er Cor:rec'12. n~me of applicant) November 29, 1962 (DateJ ( . ~~ ~ gs:Z7~ Signature~~fficer signing application Max G. Battle. C1ty Engineer Rev. 8-'23-61 SEE PLANS IN FILE