PIPE LINE CROSSING NEAR MAPLE STREET
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Form 3530
Rev. June, 1973-Sheet 1
RE-34632.
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THIS AGREEMENT, Made this 14th day of January .19 75 ,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,
WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee,
the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained
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 sanitary sewer main, a line of a-inch cast iron pipe across
the right of way and under tracks of Licensor at Clearwater, Florida, at a point
50 feet eastwardly measured along the center line of Licensor's main track from
Milepost SY-874; as shown in green on print of Licensee's drawing dated October 30,
1974, attached hereto and made a part hereof; Licensor's right of way being as
indicated on said print.
The pipeline described herein is located on property in possession of Licensor
by virtue of an agreement dated April 1, 1946, as supplemented, between the
Tampa & Gulf Coast Railroad Company and the former Seaboard Air Line Railroad
Company, now Seaboard Coast Line Railroad Company, and unless sooner terminated
this agreement shall continue in effect so long as the Licensor shall continue
to operate the railroad now of the Tampa & Gulf Coast Railroad Company and shall
terminate upon cessation of such operation by Licensor.
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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 s hall 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 locations as may be designated
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 confonn 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 3680
Rev. June, 1973--Sheet2
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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 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, renewal, relocation or removal of
said pipe.
5. 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 express written con-
sent of Licensorj in the event such consent is extended, a representative will be assigned by Licensor to protect
Licensor's interests and Licensee.. iDadditioh mall other costs to be borne by Licensee as herein set forth, shall
reimburse Licensor for the entire cost and expense of furnishing said representative.
6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall not
at any time or in any manner be assessed with the cost or any part of the cost of the installation and maintenance
of said pipe and appurtenances thereto on Licensor's property.
7. The portion of said pipeline under said tracks and roadbeds thereof shall
be encased by and at the expense of the Licensee in a l4-inch steel pipe conduit
and placed at a minimum depth of 66 inches below the base of rail 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 lower -
measurements being to the top of said conduit.
NOTE: The following change was made in this agreement prior to the execution
thereof:
Article 7: Added.
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Form 3580
Rev. June, 1973-Sheet 3
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 Commissioner 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 written.
Witness for Licensor:
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Witnesses for Licensee:
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Approved as to form and correctness:
V~l/~
City Attorney
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ClarE,. VIc~ ErQsj~2ilI -OjJcr;;l.tbn~
(L. S . )
(SEAL)
Clerk
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RESOLUTION
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No. 75 - 19
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WHEREAS, the City of Clearwater has found it necessary to install
and maintain for the purpose of a sanitary sewer main, a line of 8-inch cast
iron pipe over and acros s the Seaboard Coast. Line Railroad Company's
right-of-way and tracks at a point 50 feet Eastwardly from Milepost SY -874,
in Clearwater, Pinellas County, Florida; and
WHEREAS, the Railroad has prepared an agreement to that effect
for formal execution by its corporate officers, as well as the proper municipal
officials of the City of Clearwater; and
WHEREAS, the Railroad has requested a resolution be adopted by the
City, formally approving said agreement 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 officials
of the City of Clearwater ,are hereby authorized and empowered to execute
a certain agreement with the Seahoard Coast Line Railroad Company, bearing
date of January 14, 1975, in connection with the installation and maintenance
of a sanitary sewer main, a line of 8-inch cast iron pipe over and across the
Seaboa;.;:d Coast Line Railroad Company's right-of-way andtracks at a point 50
feet Eastwardly from Milepost SY-874, in Clearwater, Pinellas County, Florida.
PASSED AND ADOPTED this
3rd
day of. February, A. D. 1975.
/S / H. Everett Hougen
Mayor -Commi s sioner
Attest:
/s/ R.G. Whitehead
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I, R. G. Whitehead, duly appointed City Clerk of the City of .'
Clearwater. Elorida, certify the foregoing to be a true and correct
copy of Resolution No.
75-19 adopted by the City Commission on
the
3rd
day of
February
, A. D. 19~.
Witness my hand and the seal of the City of Clearwater,
this
4th
day of
February
t A. D. 19 75.
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APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY:
As to Ffr '
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Law..D~partment. ' /
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Fonn 221
Rev. Oct., 1974
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ManaKer - Real .Estate. ~
Superintendent.
Division Engineer.
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Form 3530
Rev. June, 1973-Sheet 4
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Extracts from minutes of meeting of the City C01IIIIli..ion of the City of Clearwater, Florida
held on the day of , 19
2-.
RESOLUTION
Be it resolved by the City Commission of the
City of Clearwater, Florida in regular I?eeting . assembled that ~he
City Manager of said City be, and he hereby is, authorIzed to enter mto an a~reement wIth
the SEABOARD COAST LINE RAILROAD COMPANY, l.',nd to sign same on behalf of said City
whe~by said Railroad Company grants unto said City the right or license to
install and maintain, for the purpose of a sanitary sewer main, a line of 8-inch
cast iron pipe across the right of way and under tracks of said Railroad Company
at Clearwater, Florida; as particularly described in said agreement, which agree-
ment is dated January 14, 1975, a copy of which agreement is filed with this City
Commission.
I certify the above to be a true and correct copy.
Clerk