SEWER LINE CROSSING ALONG BELCHER ROAD
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SEABOARD COAST LINE RAILROAD COMPANY
Operating Department
Tampa, Florida 33601
19,19. VAUGHAN
SUPERINTENDENT
March 7, 1968.
RECEIVED
File: 13-6760.
MAR 11 1968
CITY CLERK
Mr. Herbert M. Brown,
City Attorney,
City of Clearwater,
P. O. Box 1348,
Clearwater, Florida 33517.
Dear Mr. Brown:
I enclose for your records the duplicate-original of agreement
dated January 17, 1968, with the City of Clearwater covering installation
of an l8-inch cast iron sanitary sewer line beneath our tracks and right-
of-way 1,435 feet east of Mile Post 871, Clearwater.
Yours truly,
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Superintendent.
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AGREEMENT FOR MUNICIPAL PIPE LINE
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Form 3530
Rev. Jan. 1962-Sheet 1
RE-24618
THIS AGREEMENT, Made this 17th day of January ,19 68 ,by and
between the S\o:ABOAHD COAST LINE HAILHOAD COMPANY, hereinafter referred to as Licensor, and the
erN OF CLURU'.TE1{
a municipal corporation under the laws of the
State of
Florida
, hereinafter styled Licensee,
WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licen-
see, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and con-
tained on the part of Licensee to be kept and performed, hereby grants unto Licensee the right or license to install
and maintain, for the purpose of a sewer line. a line of 18-inch cast iron pipe across the
right of way and underneath the tracks of Licensor in Belcher Road at Clearwater.
Floridi3, a.t 3 point 1435 feet east'tlard1v. measured along the center line of
Li"e!isOr's maLl tra.~k, fr()m :\i"east 871;f},~..:Tj{~, lITH, the ri'jht ail: priviisSJe
to instDll Qid maintain a manhole in the northerly end of said line of pipe. all
as more fully shown in red on the print attached hereto and made a part hereof;
said right of way being as indicated on said ~rlnt.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engi-
neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe
shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of
Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of
Licensee to make repair or renewal after such notice, Licensor may make all necessary repair or renewal at the
cost of Licensee, which cost Licensee hereby agrees to pay on demand.
2. Licensee shall install and maintain. above ground and in a manner and at such locations as may be desig-
nated by said Engineer of Licensor, markers to plainly indicate the location. depth at which installed and ownership
of said pipe. Licensee will, at its expense, at any time, upon thirty days' written notice given by Licensor. change
and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in
its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for the
construction of tracks, buildings or other structures.
(2)
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Form 3630
Rev. Jan. 1962-Sheet 2
3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and, the contents thereof
from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harm-
less the Licensor, its successors and assigns. from and against all loss, cost, expense, including attorneys' fees,
claims, suits and judgments whatsoever in connection with injury to or death of any person or persons or loss of or
damage to property caused by or in any way connected with the installation, maintenance, use or presence of said
pipe and appurtenances on said premises, howsoever caused.
4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense which
may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or
by other means while said pipe is being placed thereunder, or during any repair or renewal of said pipe.
5. Licensee shall place and maintain said manhole with its top flush with the
surface of the ground and covered at all times so that said manhole and its top
shall not constitute a hazard to the safety of Licensor's employees or others and
shall not create or cause an unsafe place for Licensor's employees to work.
6. The portion of said pipe line under said tracks and roadbeds thereof
shall be encased by and at the expense of the Licensee in 32-inch steel pipe con-
duit and placed at a minimum depth of 10.5 feet below the base of rails of said
tracks, or not less than 36 inches below the bottom of Licensor's roadbed ditches,
or not less than 36 inches below ground surface - whichever depth may be the 10wer -
measurements b~ing~ the top of said conduit.
7. Licensee agrees to pay to Licensor, in add ition to all other considerations
mentioned herein, the sum of $15.00 to partially reimburse said Licensor for the
costs of survey, and other hahdling necessary to the making of this agreement.
Note: The fol10wing changes were made in this agreement prior to the execution
thereoft
Articles 5 and 6 and 7:
Added.
It is understood and agreed that this agreement shall not be binding until it has been ratified by a proper ordi-
nanceorresolution of the City Commis810n of the City of Clearwater, Florida,
, a certified copy of which resolution or ordinance is attached hereto and made part of this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above written.
Witnesses for Licensor:
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Witnesses for Licensee:
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Approved as to orm & rrectness:
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JRANS~QRTATIQN,&.{vlAiNI_- A~
CITY ,FLORIDA
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.'. Form 3530
Rev. Jan. 1962-Sheet 3
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Extracts from minutes of meeting of the City COl1lJlission of the City of Clearwater, Florida
held on the day of , 19
RESOLUTION
Be it resolved by the City Commission of the C1 ty
of Clearwater, Florida in regular meeting assembled that the C1 ty Manager
of said C1 ty be, and he hereby is, authorized to enter into an agreement with the SEABOARD
COAST LINE RAILROAD COMPANY, and to sign same on behalf of said C1 ty
,whereby the said Railroad Company grants unto said City the
right or license to install and maintain. ,for the purpose of sewer mdin across
the right of way and underneath the tracks of said Railroad C)mpany at Clearwater,
Florida, at a point 1435 feet eastwardly, measured along the center line of Rail-
:road's main track, from Mila Post 8711 as more particularly described in said
agreement, which agreement is dated January 17, 1968, a copy of which agreement
is filed with this City 6ommisslon.
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I certify the above to be a true and correct copy.
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Clerk