PIPE LINE CROSSING ALONG HAINES ROAD
B. B. VAUGHAN
SUPERINTENDENT
~------
I
I
SEABOARD COAST LINE RAILROAD COMPANY
Operating Department
Tllmpll, Floridll 33601
May 19, 1969
File: 13-7172
Mr. M. R. Stierheim, City Manager
City of Clearwater
City Hall
Clearwater, Florida
Dear ~:'T. :::.tierheim:
;'l',~,..
\ .,!J;J . "
,,', V",'J: ""_~'
~' ~ ". c' ""'. . / . t. '. .,-'
r., IV),''' "../ ...,',.' I
,. .i1~~ -'" ' J,?
".. . .}It-,,!f JI "'.^~ '
. '.. i , t' .
~ I,' .",
~ .;' .'
~. J "'V.,. ......'. ....'"
If' r1 !'~
../ ..,...,
f './ {: ". -1.''''
r /{iJ ::'Tf
I enclose exesuted counterpart of agree-
ment covering ineta11ation of a eewer cro~sing
l,203 feet weet of M. P. SY-868, near Clearwater,
Florida, for your file.
Your5 truly,
~~~
05-010-00 @
/j-7/7r
J &B-43325
I
I
Form 3530
Rev. Sept. 1968-Sheet 1
RE-26366
.>
AGREEMENT FOR MUNICIPAL PIPE LINE
THIS AGREEMENT, Made this 4th day of April ,19 69 ,by and
between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the CITY
OF CLEARWATER, a municipal corporation under the laws of the State of Florida
, hereinafter styled Licensee,
WITNE,SSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Li.cen-
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 main, a line of l8-inch cast iron pipe across the
right of way and underneath tracks of Licensor at Clearwater, Florida, at a point
1,203 feet southwestwardly measured along the center line of Licensor's main
track from Mile Post SY-868; as shown in green on print of undated drawing attached
hereto and made a part hereof; said right of way at point of crossing being 50 feet
wide on each side of said center line.
The pipe line described herein is located on property in possession of the
Seaboard Coast Line Railroad Company by virtue of an agreement dated April 1, 1946,
as supplemented, between the Tampa ~ Gulf Coast Railroad Company and the Seaboard
Air Line Railroad Company, now Seaboard Coast Line Railroad Company, and unless
sooner terminated, as herein provided, this agreement shall continue in effect 80
long as the Seaboard Coast Line Railroad Company shall continue to operate the
Railroad now of the Tampa ~ Gulf Coast Railroad Company and shall terminate upon
cessation of such operation by the Seaboard Coast Line Railroad Company.
,,1\\2345
~" 6'
~~ ~~ ..-~"
~ 0/% f,Q ~ <(3, ~ ,.0
;::( ~'o'(' ~ ~_ \6
; ',-::' \ -: " '-p ~ '~'^;: , '
" , ~ 0,' .' ,'/ I -- J
.."(\ ".::. ,~ ,_.,"""""-
\ " \ / ':",,' -p", ! '
;' \'~ ....? - (',' Q, ",,) ',', I
\ >' . , % 0" / " /
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 ~
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 thirty 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 loeations 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.
(iJ
J &B-43325
I
I
Form 8530
Rev. Sept. 196B-Sheet 2
t
3. Licensor shall not be responsible in any manner for lOBS 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, costs, expenses, 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 costs and expenses 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. The portion of.aid pipe line under said tracks and roadbeds thereof shall
be encased by and at the expense of the Licensee in a 36-inch steel pipe conduit
and placed at a minimum depth of 16 feet below the ba.e of rail of said tracks -
measurement. being to the top of said conduit.
6. Lie..... agree. to pay to Licenlor. in addition to all other cOD,i..rations
mentioned herein, the sum of Fifteen Dollars (~15.00) to partially reimburse said
Licensor for the co.ts of surv.y and other handling necessary to the making of
thb agreement.
NOTE: The following change. were mad. 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 ordinance or resolution of the City Co.ai..10ll of the City of Clearwater, Florida
, a certified copy of which ordinance or resolution 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.wrttten.
Witnesses for Licensor:
i2~.~71,..~...................
J. (I. ~~~ ....91<.
~i=:~~;:=:':'?-'L
.2(.~>'m........mm......
.~...It~.....1fil
LINE RAILROAD COMPANY
I
(L.S.)
By....,.............,................. .... .
D. C. HASTINGS. VICE PRE
lBANSPORTATlON & MAIN
,/
i .
I
-- ,-.. ~--
.
6---
l-
HAl N E S
\ ~~;~ \k;
. S. A. L \, ~ "
\ I>~ \ \
R~~. } ~\' \'~
f\ \_ __
ROAD
~/w _
i 'I~'
[-..-- --r----:_ ----
f==-~= ==~.l ..
. i -=-~~:=-_-I=--=:=-J~._ - -
i - -- -
-~ .- -- .-.. - .
,
,
l._____._. _____ ___
;.--c-...--. -_'_~' _'__
L__
I
t-.----.--... --.. - ----.... --
r
L....__..___.._. '[_'__ _. .;...,
i--.--. .- --- ....----~
,.. .----.--. ... r
1- -.- , , r'---
:~n_= 1-.-- !-~-:--
---. --_.. .. !---~
I h.__...__
...--.
,
i=-=- - ---~
-r---~_ _
1--..--
f-----
{._____n. __._
r -- ~ -
1-"1' -
l___ -- I
I - . J -!
t- - 1 ..t
- :._- - 1----+.
;=. -~. ,---1.
~-. ih T
-~ 1--.+
: -. - "J'-' I
i. -. . --i'
: _n._ . - - J
--
~.,
\)": ,
......- ~
.
j 0 \t
/A \
' ~', "
If. t:; - "'8. c.\. R ,-'
/ .. ~ , A,,~'
. . '" -'----,-~ I - . --l'--F-~
- '-1'-- '-A. _-j-__ __ _
;"- T .
-.\ - T
I,_J --- I I
\/ ~ I .
~k- -. -\- .--/-'F'-
-,-- -. -\-. / -1-
- ~ , .
\
--)- --:[, -
--,-t .-- -- --a
w. .____
- =l=..Ii' -1 -.~ "
,. - =~.t -~ -=.~t --~fj
--1.-- --lJ}
:1:"- - '/.~.
+.(0.. -~
- +---"
+
'-f-
S'c..~'l
D
-0-
~.\\
~\~
'1)
-
r-~o~O$E:b~)~i "
le"'s""""", ,
'5 ewe:~ . ~e
.s'~ ~
..,. \
"'~ .~
',,< 'i\'.
\. ,
.
I
o
I
-- .1+ -
I I
I
- -r--
.. ~ .-
-'-'- ---
-+,- ,.--.. --
If
1""-;' v... ,
L
I
N
~ I <..\J.. '-
o
t
~--
~orc>:s~t>
If
~~ C:A~I""~.
20
--.-- --
~
.' K
---.- -
15
- 1-
- -----
I I I I
--L--u ___ _u
t-- .. ~ ..1__
I -I .
-~_.- - I ,-
- -- -~.._~.
-c,t.J:; s. ~~.~.' ~ =: l=;~., 1;~~'-7-
N r= - - - . --t--'----:-
-....
--
5
\0
I" LJf4.ac' I , " I /
.It.~
,- -II!..,-I N
.L'-O ....r_ r ^ 'IN .::1_
.(fi
\J
.;;.
..,
- . u_ -1 -
i" ~ _'_=-
--
-,;. -
v
-
'"
....
~
-
~ I- ~ ~ ~,.... /..,.
.
J &B-43325
I
I
Form 8680
Rev. Sept. 1968-Sheet 3
,
Extracts from minutes of meeting of the Ci ty Coamission of the Ci ty of Clearwater, Florida,
held on the day of , 19
RESOLUTION
Be it resolved by the Ci ty Conmission of the
City of Clearwater, Florida, in regular meeting assembled that the
Mayor of said Ci 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 Ci ty
wh~eby said Railroad Company grants unto said City the right or license to install
and maintain, for the purpose of a sewer main, a line of lS-inch cast iron pipe
across the right of way and underneath tracks of said Railroad Company at Clear-
water, Florida; as more particularly described in said agreement, which agreement
is dated April 4, 1969, a copy of which agreement is filed with this City
Commission.
I certif7 the above to be & true and correct copy.
................................................................................................
Clerk