SPUR TRACK AT DREW STREET
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S.aboarcl Air L1D.1aUJea4 fkif,.7, a o""'~1rPa1a, h.re1nat'ter
called. "IaUroad., aIUlll." 01 C1earwat.er, a ..u.olpal corporation of the
.tat. of noricla, b8re11lafter ..ued "8h1ppG'a J
W'l!I8UIIl!IIAI,__~!l, hipper, .ru.JrM. .M>>" "a1I4cU.aVi--'- .1
liquefied petrol.. ..., e' for tJa......1oal and OOllTen1ent handJJ.n& thereof,
,..ire. the c...t....u.. .. .pera'1. of a .14. or IpR tnok at. Clearwater,
Plnel1aa GlatT j fleriAa, 1Ilbith ..._. with ... cl1vq.. ~ the ..t81'~
aU. of '-' 1aUn..... ada' ~ at a ..!at, 7a teet,. .,.., le.., _rth of
th. ..te .1iat,.t . ........ .f..... .... ""b. \he 1&UNacl". traq ,
an4 aMelIIe ta,. ~.iiMt 4b."....t.r.,U....."efl'.' "';f~'''':lI.w.,
at the lMat10n ,howl ill JIi1)on copy of Railroad'. D1vision Engineer' I
, cln1dAI No. 1386, clataci 1"....18.... 12, 1952, a.\\achect ~ AI a part; beNefJ
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_. "......'18 ....w-.u.a et tM .......w ... .......t. h.rein
OOI1t.a1a..... it, b _", ,~ ...... \Iaa' \M 1&14.18 VUk Uall 'be oon.t.ruoted
and ..uMia...._ IaUMa4 bIN_ ...... ,. .,..t.. the '.., llpeD the f.llow-
ing teru ... IODCliU_1
1. The oon fit ~t,tac the 814. track, iuolu41ng tbe 1'9a4bed. a4
all 4Pp1l1"t.lI1aD... 18 .''''HOt1_ t.MNV1t.h, ,ball ... _me u follonl
1aUl9a4 vUl, -' 'w u:p-.., ..nlltrut \hat. perU._ of the traek a-
teD4~ troa th. n11loh )IIdIR 110 ttle 01...... point, aU"... ot 185 t.et,
8ft lor lAt.., in JMa&\1a. ... ldlNa4 wW. bear the oo.t of raniq an4 re-
plutH tile pa'dDa ill J... ..... ad tile rat'.'11 of t1M "..tern VIl101l v1re
lin..
IaUI'Oa4 WJJ., .., ,.. ...,... of 1h1ppw, turaUb ,. lalIer ad 11&'.1'1&1
a4 ~~\ftn t.' ~ fit \he '"* _.....',.. \Mol. JllW.... point, to
~ ., a .1..... "'[~",..,"._I"I ..1.... 8h1ppw win.alao bear the coat
of ~1n& and. ...J.... Wae t,.,.t~.' _ teet. 01 t. vack.
I. ........,r'._,~,'W.l~~'''''',__ '...::..,.'.~lk".IMI4... t.u..w. !
aau..o.4!1dl.l _ ......,...ua eI __ t,l'..kaMndiDg rr- the nitoh
point to the eleal'm.. point, a d1Itanoe of 185 teet, IlOre or le...
uu.. .We. ._._!,-~...~ ,........,.. ,. .- ~
fna t_ ....... ...-. '- ~. ~ .,.., U. 1M \e. t. VUk
be1oD4, a cIU\a.. et 317 f.., ... .. lea., 1d.U "*'111 1111,..1'.
, 3. 1ai1roa41d.1l1l&1Dta1a tbat port.i.oa .t the VaK ~g tna tbe
i! awt1eh poilrt. .. \he .,....... ,.iIlt, a di..... of 18S teet, _re 01' 1....
, Shipper will bear the ..n ad ..... ...... the clut7 et aaiDtaiD.1Dc 1n a
I.D 91429
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.at. oODCl1~lea aacl t. the lat1et&eti1ea ot Ra1lna4that pol"Uon .t the track
_tIlcUq tna tll. o~ ,o:IAt t,o the 1114, & e1i.tan.. ot 317 t,et, llere
or le.., ...., la tJae ...t.tIaippu t.u. _....'it.. ..u.a.u.. .. t.o aa1Dt,_
nance, la1l.zroad .., ~tu.t,o .,.rat.e. the1"8Oyer 01" JJq, at 1t. option, pertoN
the aotual work ......., to ..,qw1th 8hippft"t. oblip.tl.. hornllCl.r ..
to u.1D~.. ... '~rwUl. u~ ltWa reaM"", re~. aau..a4 tor
tr. eo. tlll,.'.
...~~\llf_"Di"""""h ""'''am1 .'.....''the ~ I
applioable to ..., re....'iwl7, oont.a1D" in Ia1lroad'. STANDARD SIDE TRACK
COV.&NABTS, hereto .ttubed "...'')IU't ot tWAIN__t.
S. t-.....Ja.. 001ea41Ac, "'9~fp. .. h_.l'-_. .1 .aae.UDo, l1qu.ot1ocl"
,.t."~..... ...u... ~bl. lJ.qu1cla ..,. treat. 1"1" ot tiN, ap1o-
AY. 01" en_ lNa, iaJ'aT. OJ" daaae, wld.eh ..\1.14 .., ot-berw1a......, tbe
8h1pper, 111 aMiUeu \e nu., UahtH\J' ....... heNUllClw, ........ t1Nt" that
v1t.h the taJ.J.ut, JNI'PO" 01 prenat~ ..h ooovreno.. or oon......, the
Shipper, .. it. .t-....upu.n (118 apr.'.1T ia-. win ..1l14iD& the
obl:lcatia, ~h 18' ............., _ apt. cd. l1IIe all other ne....UT or
......t ... ot pre..*- .ttbe r1IIU atoresaid), oeverwat..th.t aU .tol"ac'
tuuttie., loadiac ...... .. _l.&fI"~. ,omt.. .hall be looateet, aU tbe load-
iaa, 1Dlledq met ..... 01 1a1'1 1~1e l1qu1cl. .hall be pertoaed, 111
..oorclano. wit.h. the ~t.. .t tlae Aa..81at1oD ot Amer10&l1 Ba1.1:rew.
C1roUlar 10. 17 ,clatecl ..,. 1., 1"', aDd .. _reatter reri.... or alt.'reel, . 00P7
ot vh10h 18 &~t&... ........ & pu"t bONOt, anet .ea.., tbe lb1pper &1"8' to
I..... .. berelq' ......all r1ak .t, .... to !ad '~"tr ..... ..ft Iailroad. barm-
1... rr- .. apt,,,, aU. 111.." ..t. Clr --... .. ~..... ...-a1nec1 u &
re.ul.~ ot or &rialDl ...~or ~ ... .f' _........lq'Sb1pper hoa
,) t. &ppNYed aft... .t ..~ .1 noh llqu1de as .et torth 1D the afore.aid
Q1roular 10. 17, or due in ..1. or ~ to 1t. ta11ure at aJJ. t.1me. to adopt,
Ii .. an4ef_.._ al1~ ~..m .... '.....' ..., of prneat.1ng and .1:flbtl~
11 ia& \he ~.""~";;.',!.,,'_~..!:,'.lt.J_,.;;,,:,,;.,: . , '
6. vu..,..... t.""at.ed &a ... ill t. ...... ben1D previded, tb1e
agreement .ha.U aont1nue 1n etl..t .0 long ae RaUroad .hall continue to
operate t.h. ~ .... ot ~.1II1t .~ a.u..1Il ~. Q1e.........,
n.Ua, .. -.u ,.....te, .......\lea ., .....~..... lrJ&1lltoa4..
.. '.' " ,', ",;.,1
-- D flftlllla ....", IM~. ~ .... ..... tbe.. pr..et. to
1'. 0. ct1I1T Up" aU ........ tJie ..,. ... par t:Lrn &bon writt_.
_ .-rtJi...f.,..-.J.~t.. t.. r[2. " .. UlBOARD AIR LINI~~. AD .MPUY.'
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Approved aa to correctne88 -d-- LlcJ ~ ~4';-- /~ -
City A.ttorney. '7' .
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FORM 4281/4
Rev. 8-1-46-3M
STANDARD SIDE TRACK COVENANTS
(All terms used herein shall be construed as embracing such
number and gender as the subject matter 0.1' the character of the
party or parties may require. The word "track" means the track
01' tracks to be operated under this agreement).
A. In the construction, operation and any maintenance by
Railroad provided for in this agreement of any part of the track
located beyond Railroad's right of way on Shipper's land, Rail-
road will have the right to enter on and use as much Qf Shipper's
land as may be reasonably necessary for the track. If the track
be constructed on land not owned by Shipper, he will at his sole
cost obtain for Railroad like right of entry and user as is herein
granted by Shipper with respect to his own land.
B. In the construction, operation, repair, alteration or main-
tenance of the track, or of any tracks adjacent thereto. 01" con-
necting therewith, o.f the right of way, or of any building,
structure, equipment 01' work of any nature connected therewith,
Shipper assumes all risk of and liability for loss or damage to any
person or property, caused directly or indirectly, or contributed
to, by the acts, defaults 01' negligence of the Shipper, or any agent
or employee of Shipper. Shipper will further indemnify Railroad
and save it harmless from all loss, damage and expense growing
in any manner out of such acts, defaults or negligence.
C. Shipper assumes the duty of keeping the right of way of
the track and the property adjacent thereto clean and clear of
combustibles or inflammable material, except the combustible
contents of curs in possession of Shipper on the track, and as-
sumes risk of loss or damage to his property, or to property of
others in his possession or under his control, situate on or in
the vicinity of the track, when such damage is occasioned by
fire set out by the engines or other machinery of or flre in any
manner caused by Railroad, and hereby releases and di8charges
Railroad from liability for such loss or damage. Shipper will
further indemnify Railroad and save it harmless from loss, cost
and expense resulting from loss of or damage to property of
others in the care or custody of Shipper 0,1' stored by or with
Shipper's consent on or near the track, resulting from fire oc-
casioned as aforesaid. Railroad hereby stipulateS for this; pro-
tection as a condition of its agreement to furnish service and
facilities to Shipper elsewhere than at a regular station.
D. Shipper assumes liability for injury or damage to Shipper,
his agents and employees, or their property, howsoever caus,ed,
resulting directly or indirectly from, or growing out of, the
presence of such persons or property on or near the right of way
of Railroad in connection with the maintenance by Shipper of
the portion of the track which Shipper is obligated to maintain.
Shipper will further indemnify Railroad and save it harmless
from all loss and expense arising from the aforesaid injury or
damage.
E. Shipper will ship 0"1' cause to be shipped by railroad and
over lines owned, operated or controlled by Railroad, all freight
shipped from or to the plant of Shipper served by the track, to
or from points reached through or via said lines, provided the
rates of transportation therefor are as reasonable as those charged
by competing railroads on the same traffic.
JJ'. Railroad may terminate this agreement on thirty days
notice in writing to Shipper should the latter default in any of
his obligations hereunder; but, unless so terminated, this agree-
ment shall remain in force so long as Railroad or its successors
and assigns, and Shipper, or his successors, assi~ns, heirs, and per-
sonal representatives, shall both operate their respective busi-
nesses at the location of the track; provided, however, and it is
expressly agreed that Railroad will not be obligated to o.perate
the track and may immediately terminate this. agreement' should
the revenue accruing from business handled thereover at any
time, in Railroad's opinion, be insufficient to justify such
opera tion.
G. Railroad may use the track for the purpose of serving
business and industries other than Shippe,.- or for other railroad
purposes, but such uses shall be made in such manner and at such
times as not to interfere unreasonably with the handling of
business of Shipper thereover. Railroad may also, for the pur-
poses in this article specified, extend the track or construct
tracks branching therefrom.
H. Shipper will provide an4 at all times maintaiu, along the
entire length of track, a lateral clearance of eight feet on each
side of the center line of the track and a vertical clearance of
twenty-two feet above the top of rail for the entire width of the
lateral clearance. All structures erected over the track shall be
built and maintained in a manner satisfactory to Railroad.
I. On the expiration or termination of this agreement Rail-
road will haye the option within ninety days to purchase, at the
then fair value thereof, all or any part of the track material
owned by Shipper in the track. If the parties cannot agree on
such value, it shall be determined by three arbitrators, one
selected by each party aud the third by the two thus chosen,
the cost incident to such arbitration to be divided equally between
the parties. If Railroad desires to use that part of the track
beyond its right of way, or any portion thereof, after expiration
or termination of this contract, Railroad shall have, and Shipper
hereby grants to it, the right to use the land on which the track
is laid, beyond Railroad's right of way, so long as Railroad may
desire, Railroad to pay Shipper as annual rental six per cent of
the value of the land so. used. If Railroad does not exercise said
option, then Shipper may, at his sole cost, take up and remove the
jtrack material owned by him on said right of way, Railroad,
however, reserving the right, if it so elect, to remove and deliver
it to Shipper, at the sole cost of the latter.
J. Shipper will on bills rendered reimburse Railroad for all
present or future expense of street or other public improvements
or maintenance, of safety work or devices, imposed on Railroad
in any manner by lawful authority, on account of the construc-
tion, ownership, presence, operation or maintenance of the trackton or adjacent to any public highway. Should any change or
alteration be made in said track to conform to any lawful order
or requirements of any public authority, increasing the actual
cost of said track, Shipper will promptly pay such increased cost
to Railroad upon bill rendered therefor.
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CIRCULAR NO. 17
(Includes Amendment covered by Supplement No.1 dated July 25, 1939)
(Supersedes ARA Circular No. 2084-B dated February 9, 1925)
Association of American Railroads
OPERATIONS AND MAINTENANCE DEPARTMENT
OPERATING-TRANSPORTATION DIVISION
59 East Van Buren Street
CHICAGO
J. W. KI~G, Vice-President,
Operations and Maintenance
Department
Officers of Division
G. METZMAN, Chairman
W. K. ETTER, Vice-Chairman
G, C. RANDALL, Chairman, General Committee
L, R. KNOTT, Secretary
Office of the Secretary
59 E. Van Buren Street
Chicago
May 1, 1939.
RULES GOVERNING THE LOCATION OF LOADING
RACKS, UNLOADING POINTS, AND STORAGE FACIL-
ITIES FOR ANY INFLAMMABLE LIQUID WITH
FLASH POINT BELOW 300 FAHR. (INCLUDING
GASOLINE, ETC.), ESTABLISHED SUBSE-
QUENT TO JULY 1st, 1939
To THE MEMBERS:
For the purpose of these rules the following classifications are
provided:
Class I-Any inflammable liquid with flash point below 300 Fahr.,
having a vapor pressure as determined by the American Society for
Testing Materials' Tentative Method of Test for Vapor Pressure of
PetroleumPi-oducts (Reid Method) (D-323-38T) which does not ex-
ceed 16 pounds per square inch, absolute, at 1000 Fahr.
Class II-Any inflammable liquid with flash point below 300 Fahr.,
having a vapor pressure exceeding that of a Class I liquid but not
exceeding 40 pounds per square inch, absolute, at 1000 Fahr.
Loading
1. (a) Loading racks for Class I liquids must not be located
nearer than 50 feet to a track over which passenger trains are moved
when physical conditions permit and in no case less than 25 feet.
(b) Loading racks for Class II liquids must be located not less
than 100 feet distant from a track over which passenger trains are