PIPE LINE CROSSING IN HAINES ROAD
B. B. VAUGHAN
SUPERINTENDENT
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SEABOARD COAST LINE RAILROAD COMPANY
Operating Department
TlImps, Floridll 33601
March 21, 1969
Pile: 13-7091
City Clerk
City o~ Clearwater
P. O.Bex4T48
Clearwater, Florida 33518
Dear Sir:
I attach tor your recorc18 the duplicate-original
otagreement dated J8Duary22, 1969, with the City ot
Clearwater, COftrillg iastallatiClD ot a B-inch cast i1'Ol1
vater ma1a eDcased in al~-inch steel pipe cClDduit beneath
our right o~ vtq and tracks 1,2~3 teet southwestot Mile
PostSY-868, ])ellwood, Florida.
Yours 'Very truly,
{2'J...I~'
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uperintendJ
05 - 010- 06 C!!J
Form 3580
Rev. Sept. 1968-Sh.'~~n 'e"
RE-2S981
,MAR 24 1969
~ITY: cu:RK
THIS AGREEMENT, Made this 22nd day of January ,19 69 ,by and
between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, aud the CITY
OF CLEARWATER, a municipal corporation under the laws of the State of Florida
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/3-707/
J &B-43325
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AGREEMENT FOR MUNICIPAL PIPE LINE
, hereinafter styled Licensee,
WITNE,SrSETH: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 conducting water, a line of 8-inch ca.t iron pipe acrol.
the right of way ~nd under tracks of Lice.or in Halne. Road (SR 593) at DeUwood,
Florida, at a point 1,243 feet southwestwardly, mea.ured along the center line of
Licen'Sor's main track from Mile Post SY-868; as shown in green on print (Book
No. 193) dated November, 1968, prepared by the Engineerin, Department of Licensee,
which print is attached hereto and made a part hereof; Licensort. right of way
being 50 feet wide on each slde of the center line of said main track.
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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 within tbirty days 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.
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Form 8580
Rev. Sept. 196~Sheet 2
3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and the eontents thereof
from any eause whatsoever; and Lieensee shall and does hereby assume, and agrees to indemnify and hold harm-
less the Lieensor, its sueeessors and assigns, from and against all loss, costs, expenses, including attorneys' fees,
claims, suits and judgments whatsoever in eonnection with injury to or death of any person or persons or loss of or
damage to property caused by or in any way eonnected with the installation, maintenanee, use or presence of said
pipe and appurtenanees on said premises, howsoever cau&ed.
4. Lieensee will pay to Lieensor, on bills rendered by Licensor, the full amount of all costs and expenses which
may be ineurred by Licensor in proteeting its traek or tracks and maintaining traffie 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. The portion of said pipe line under said track and roadb~d thereof shall be
encased by and at the expense of the Lieena.. in l4..inch steel pipe conduit and
placed at a minimum. depth of 66 inches below the base of rail of said track, or
not 1... 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 lower ..
measurements being to the top of said conduit.
6. The pipe line described herein is located on property in po.....ion of
",""r"'" Licensor by virtue of an agreement dated April 1, 1946, as supplemented, between
Tampa ~ Gulf Coast Railroad Company and the Seaboard Air Line Railroad Company,
now Seaboard Coaat Line Railroad Company, and unless sooner terminated, a. pro-
vided herein, this agreement shall continue in effect 80 long as Licensor shall
continue to operate the Railroad now of Tampa & Gulf Coast Railroad Company and
shall terminate upon cessation of such operation by Licensor.
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NOTEs The following change. were ma~e in this agreement prior to the execution
thereof.
Articles 5 and 6: Added.
It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by
a proper ordinanee or resolution of the City Coamisaion of the City of Clearwater, Florida
, a eertified eopy of whieh ordinance or resolution is attaehed hereto and made part of this
agreement.
IN WITNESS WHEREOF the parties hereto have exeeuted this agreement in duplicate the day and year first
above written.
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Witnesses for Lieens r:
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By,..........................,.................".............,.....,......
D.C. HASTINGS, VICE PRESIDENT
IBANSEORIA.I1QN & MAINIEN~C
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(L.S.)
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Witnesses for Licensee:
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APprO~tness'
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SEE PLANS IN FILE
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Form 8680
Rev. Sept. 1968-Sheet 3
Extracts from minutes of meeting of the City Commission of the City of Clearwater, Florida,
held on the day of , 1969 .
RESOLUTION
Be it resolved by the Ci ty Commiss ion of the
City of Clearwater, Florida, in regular meeting assembled that the
Kayor-Cormnissioner of said City 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 City
whereby the said Railroad Compauy grants unto said City the deht or Ucense to
install and maintain, for the purpose of cenducting water, a line of 8-inch cast
iron pipe across the right of way and under tracks of said Railroad Company in
Haines Road (Sa 593) at Dellwood, Florida, 8S more particul_""" described in said
agreement, which agreement is dated January 22, 1969, a cop. which agreement
is filed with this City Commha1on. ' , , '
I certify the above to be a true and correct copy.
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