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PIPE LINE CROSSING ALONG VINE AVENUE I RECEIVtO A?R 1 5 19'12 SEABOARD COAST LINE RAILROAD COMPANY Operating Department Tampa, Florida 33601 April 14, 1972 - File: 13-8798 B, B, VAUGHAN SU PERI NTEND ENT Mr. W. Q. Duke Project Representative Briley, Wild iii Associates Suite 207 .. 301 Pierce Street Clearwater, Florida 33516 Dear Mr. D.1ke: I attach for delivery to the Licensee the duplicate-original of agreement dated August 3, 1971, with the City of Clearwater covering installa- tion of a 20-inch cast iron sewer main beneath our right-of-way and track 957 feet west of Mile Post SY..874, within the limits of Vine Avenue, Clearwater, Florida. Very truly yours, ~~~ Superintendent -- J&B-43325 I ~ I Form 8530 Rev. Sept. 1968-Sheet 1 RE-29744 I.. AGREEMENT FOR MUNICIPAL PIPE LINE THIS AGREEMENT, Made this 3rd day of August ,197l ,by and between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the CITY OF CLEARWATER, a municipal corporation of the laws of the State of Florida , hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One DoUar to it in hand paid by Ldeen- see, the receipt of which is hereby aclmowledged, 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 sewer main. a line of 2o-inch cast iron pipe across the right of way and u1htern.a'h"h'aeke ofli-tenaor at Vine AveRue, Clearwater, Florida, at a point 957 feet southwestwardly, measured along center line of Licensor's main track, from Mile Post SY-874; as shown in green on print of License.'. drawing attached hereto and made a part hereof; Licensor's right of way being 8 feet wide on each aide of said center line. The pipeline described herein is located on property in po.session of the Seaboard Coast Line Railroad Company by virtue of an agreement dated April l, 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 provided herein, 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 Coa.t Railroad Company and shall terminate upon succession of such operation by the Seaboard Coast Line Railroad Company. And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shan install and maintain said pipe at ita 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 shan 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 an 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. Q5-()1n-m@ - 1 I Form 3530 Rev. April 1971-Sheet 2 I 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, 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 Wlay 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 LiceIUlor, the full amount of all costs and exp'enses 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, renewal, relocation or removal of said pipe. 5. The portion of said pipeline under said track and roadbed thereof shall be encased by and at the expense of the Licensee in 32-inch steel pipe conduit and placed at a miniDlUDl de,th" ~f"'i? fc.~t-2l~(i~'. below the base of raU of said track. or not less than:361nehd 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 laid conduit. 6. It is expressly understood and agreed that Licensee shall be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the expres. written con'ent of Licensor; in the event such consent is extended, a representative will be a.signed by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be borne by Licensee as herein set forth, shall reimburse Licensor for the entire cost and expense of furnishina said representative. NOTE, The following changes were made in this agreement prior to execution thereofl Articles 5 and 61 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 Coumiadon of the City of Clearwater Florida , a certified copy of which ordinance ~r 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 written. SEABOARD COAST LINE RAILROAD COMPANY !,",',:'~ By_____ ... ~..._...m._....m..'.__.___..m._..._.m(L. s. ) D. C. Hastings,. _. ice: PresidGnt, OJ!j:r~tlQn~ .'_ '._.'_ u" ,__..__._..___.....r,.... ..,._.,..,..._ -_ ~..-..__ ...........~~~... .~..m. 1~ C . . ....... .........,..... ......-..... .. ....... .,..... ... ...-' ..................... ....... Approv~d storm & correctness: Witnesses fo!l' Licensee: - " " CIT~ ctF CLEARWA,~R:" I ' M,(RTl..~ AVE. "REL' EF- ~e:.WE.R. ?l<OJ. NO, <08 \ \S -'2. C;-4 :1 l .9/- M \L.E. pOST e.i4 QS7' E. or: VINE Ave-.ct., M.H.O+OO - ~ - r\.---4 '-;' ,--- I I I I I ---- \ + ~ , 0 tt \ ~ ~ ~ " I U\ II Z o v n 4: o Ot ~ 11 I hi \]), Ul ~I <! iL '>, 32."x ~2"WAL'-:1 STE.E.L CA"St ING- To BE INS~'-\..ED B''(,Y-01&'''''Gl \ .JAc.l<\N~ W'T,,",IH'T~E.~E. t.,.\M\""S ~o' 1''3 ' '30' ... -+- INE. AVE.. ~D,M.H. 0+90 ---- AS?H. o \ \ , PLAN PROPoSED SAN. SEWER ~A'L..RoA"'O C.l<OS5\NC:. -1 ~ 1 ~ - . , . I Form 8680 Rev. Sept. 1968-Sheet 3 J &B-43325 1'-1 1 Extracts from minutes of meeting of the City Coumis.ion of the Cl ty of Clearwa tel', Florida, held on the day of . 19 RESOLUTION Be it resolved by the Ci ty Commi..ion of the Ci ty of Clearwater, Florida, in regular meeting assembled that the Mayor-Coumis8ioner be, and he hereby is, authorized to enter into an agreement with the SEABOARD COAST LINE RAILROAD CqMPANy.~>>rd to sign same on behalf of said City whereby said Railro~d Company grants unto said City the right or license to install and maintain, for the purpose of a sewer main, a line of pipe across the right of way and underneath the track or tracks of said Railroad Company at Vine Avenue, Clearwater, Florida; a8 more particularly described in 8aid agreement, which agree- ment is dated Augu8t 3, 1971, a copy of which agreement i8 filed with this City Coamission. 1 I certify the above to be a true and correct copy. ..,.,.........,....,............,...",..,.,.............,..."..,..,'."'....OiUt.'.'.'" .. ,':~ .J " I I RESOLUTION No. 72 '- 43 WHEREAS, the City of Clearwater has found it necessary to install and maintain, for thepurposeof a sewer main, a line of 20-inch cast iron pipe across' the right of way and underneath tracks of the Seaboard Coast Line Railroad Company at Vine Avenue, Clearwater, Florida, at a point 957 feet Southwestwardly f.rom Mile Post SY..874; and WHEREAS, the Railroad has prepared an agreement to that effect far formal execution by its corporate officers, as well as the proper municipal offic,ers of the City of Clearwater; and WHEREAS, the Railroad has requested a Resolution be adopted by said r 'City, formally approving said attreement and authorizing the proper City . .. . officials to execute same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: That the Mayor, together with the other appropriate municipal officers \ of the City of Clearwater, are hereby authorized and empowered to execute a certain agreement with the Seaboard Coast Line Railroad Company, bearing date of August 3, 1971, in connection with the installation and maintenance 'o'f a sewer main across the right of way and underneath the tracks of said Railroad at Vine Avenue, Clearwater, Florida, at a ppint 957 feet Southwestwardly 1- from Mile. Post SY _874. PASSEPAND ADOPTED this " day of April, A. D. 1972. 3rd I s I H. Everett Hougen Mayor_Commissioner Atte st: I sl R. G. Whitehead City Clerk ..___..w.No~~,......, .,~' '" , '. \' ~'l' ..' - .,,"- "_. .. . "" I I 1, R. G. Whitehead, duly appointed City Clerk of the City of Clearwater. Florida. certify the foregoing to be a true and correct copy of Resolution No. 72.-43 adopted by the City Commission on the this. 3rd day of April , A. D. 19 72 . Witness my hand and the seal of tl1e city of Clearwater, 4th day of April . A. D. 19 72 ~ City Clerk - ,~,_."._'" ,~_........ ~"~,L~~ _""" -.