CONSTRUCT A CONNECTION TRACK OVER AND ACROSS TWO STRIPS OF LAND OWNED BY THE CITY
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RE-24261
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THIS AGREEMENT, Made and entered into this /1 f!::: day of t.U/ff1'u.....~
1969, by and between the SEABOARD COAST LINE RAILROAD COMPANY, a Virgi 1a
corporation, hereinafter referred to as "SCL", and the CITY OF CLEARWATER, a
municipal corporation under the laws of the State of Florida, hereinafter
referred to as "City";
WIT N E SSE T H:
Z:.
WHEREAS SCL desires to construct a connection track over and across
two strips of land at Clearwater, Florida, owned by the City, said strips of
land being identified as Parcels Nos. 1 and 2, as shown outlined in red on print
of SCLIS Drawing No. 627-100, dated July 31, 1969, attached hereto and made a
part hereof; and
WHEREAS SCL, among other holdings at Clearwater, Florida, owns those
certain strips of land identified as Parcels Nos. 3, 4 and 5, as shown outlined,
respectively, in yellow, orange and green on print of SCLls Drawing No. 51-3,
dated November 26, 1968, also attached hereto and made a part hereof; and
WHEREAS Parcels Nos. 1 and 2 have a combined appraised value of
$47,183.00; and
WHEREAS Parcel No.3 has an appraised value of $47,183.00; and
WHEREAS the City is willing to convey Parcels Nos. 1 and 2 to SCL in
exchange for the conveyance by SCL to the City of Parcel No.3;
NOW THEREFORE, in consideration of One Dollar by each of the parties
hereto to the other paid, the receipt of which is hereby acknowledged, and in
further consideration of the premises and the covenants and agreements herein-
after contained, to be kept and performed by the parties hereto, it is mutually
agreed as follows, to wit:
1. The City shall convey to SCL fee simple title free from encum-
brances, with the usual covenants of warranty, for Parcels Nos. 1 and 2, subject,
however, to all conditions, covenants, restrictions, reservations and easements
affecting said land.
2. SCL, in exchange for the conveyance of Parcels Nos. 1 and 2, shall
convey to the City fee simple title free from encumbrances, with the usual
covenants of warranty, for Parcel No.3, subject, however, to all conditions,
covenants, restrictions, reservations and easements affecting said land.
3. The deed of exchange shall be prepared by SCL and shall contain
descriptions of the properties based on accurate prints thereof.
4. Simultaneously with the consummation of said exchange, the City
will deliver to SCL the necessary ordinance permitting SCL to construct and
maintain said connection track across Hart Street, and to operate trains there-
over.
4a. It is mutually agreed that the City and SCL will
ent Was Prepared By: at the respective costs of each furnish title insurance on
..... '" ,," ~~ the property ~hic it conveys to the other showing good and
hat) a g~'~roa~~~arketable htle.
00 Water Street. Jacksonville, Fla.
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Sheet 2
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5. (a) Upon the execution of this agreement, SCL may enter upon,
use and take possession of Parcels Nos. 1 and 2 and, likewise, the City may
enter upon, use and take possession of Parcel No.3; it being understood and
agreed, however, that SCL and the City, respectively, shall each indemnify, save
and hold harmless the other from and against all damages, injuries and claims,
including attorneys' fees, arising and growing out of the respective use and
occupation of said properties in exercising the right of entry under this ~
paragraph (a).
(b) Any salvage material desired to be removed from the respective
properties shall be accomplished by and at the expense of the owner thereof
within thirty days from the date hereof; failure to remove such material within
said thirty-day period shall result in the surrender of ownership thereof to
the party acquiring title to the land on which such material is located.
6. Taxes on said properties shall be prorated as of the date of
delivery of the deed of conveyance.
THIS INDENTURE FURTHER WITHNESSETH: That SCL, for and in consideration
of the foregoing hereby further agrees as follows:
7. (a) To convey to the City for a consideration of $226,477.00 fee
simple title free from encumbrances, with the usual covenants of warranty, for
Parcel No.4, shown outlined in orange on said print, subject, however, to all
conditions, covenants, restrictions, reservations and easements affecting said
land; the terms of said conveyance shall be $52,817.00 down payment at date of
closing with the balance thereof, $173,660.00 to be paid by the City to SCL in
ten equal annual installments, plus interest at the rate of 4~ percent per
annum on the unpaid balance, which sum of money will be secured by Mortgage Note
and Mortgage Deed from the City to SCL, said Mortgage Deed shall encumber all
of Parcel No.4.
(b) Such conveyance shall also be subject to agreement dated June 7,
1966, between the former Atlantic Coast Line Railroad Company, now Seaboard
Coast Line Railroad Company, and Pinellas Produce, Inc., and agreement dated
December 20, 1965, between the former Atlantic Coast Line Railroad Company and
Clearwater Fast Foods, Inc., each covering lease of portions of Parcel No.4
between Drew Street and Hendricks Street; simultaneously with the conveyance
of Parcel No. 4 from SCL to the City, SCL agrees to assign its interests in
said agreements to the City.
(c) Such conveyance shall reserve unto SCL, its successors and
assigns, a right of way and easement, for maintenance of trackage and operation
of trains thereover, on and across a strip of land 16 feet in width, i.e., 8
feet wide on each side of the center line of track or tracks of SCL serving said
leased areas, said easement to remain in effect so long as said tenants desire
rail service.
In consideration of the conveyance of Parcel No. 4 from SCL to the
City, the City hereby agrees as follows:
8. (a) SCL shall have the right to maintain trackage and operate
trains thereover within the limits of Parcel No.4 until such time as said con-
nection track over and across Parcels Nos. 1 and 2 has been constructed and
put in service.
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Sheet 3
(b) After said connection track is placed in service, SCL may, at its
expense, remove any salvage material desired on Parcel No.4 within sixty days.
(c) Taxes on Parcel No. 4 shall be prorated as of the date of
delivery of the deed of conveyance.
THIS INDENTURE FURTHER WITNESSETH: That SCL, for and in considera-
tion of the sum of One Dollar to it in hand paid by the City, the receipt of
which is hereby acknowledged, hereby agrees, simultaneously with the consumma-
tion of the conveyance as set forth in Article 7 hereof, to grant unto the
City the first refusal to purchase from SCL all of Parcel No.5, shown outlined
in green on said print, or portions thereof.
i.
9. (a) Said first refusal to purchase shall be for a term of years
concurrent with the term of said Mortgage Note and Mortgage Deed referred to in
Article 7 (a) hereof.
(b) Said first refusal to purchase shall contain substantially the
following provl.sl.on: "That, during the term of this agreement, SCL will not
sell Parcel No.5, or any portion or portions thereof, to a third party without
first offering it to the City. If the parties hereto are unable to agree on
the terms and conditions of the sale within thirty days after Parcel No.5 or
any portion or portions thereof, is offered to the City, SCL will be free to
dispose of Parcel No.5, or such portion or portions thereof, as it sees fit
and shall be relieved of any further obligation under this agreement. The
failure of the City to exercise its first refusal to purchase such portion or
portions of Parcel No.5 offered to the City shall effect a termination of
said first refusal as it relates to said portion; however, the first refusal
as it relates to the remainder of Parcel No.5 shall remain in effect".
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 Commission 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.
Witnesses for SCL:
By
(L.S.)
'1 !tff~
J- (! 1dy (r'
Witnesses for the City:
(SEAL)
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Approved as to form & corQectness:
'1~~~
(L.S.)
:__ (SEAL)
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J &B-43325
Form 8&80
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 , 19
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RESOLUTION
Be it resolved by the City Commission of the
Ci ty of Clearwater, Florida, in regular meeting assembled that the
Mayor-Commissioner 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 Ci ty
whueby said Railroad Company and said City agree under certain conditions to
exchange certain land in the City of Clearwater, Florida; all as more particularly
set forth in said agreement, which agreement is dated
a copy of which agreement is filed with this City Commission.
I ~ the above to be a true and correct copy.
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FORM 3519 - B - FLA - A
FLORIDA FORM
STATE OF
FLORIDA
COUNTY OF DUVAL
I hereby certify that on this day before me. an officer duly authorized to take acknowledgments in the State
and County above set forth, personallyappearerf D. C. HASTINGS Sind H. W. MARTENS.
respectively
Vice-PT'P<:::; 'lorat
and
Assistant
Secretary oL-.
SEABOARD COAST LINE RAILROAD COMPANY
, a corporation under the laws of the State of
Virginia . to me known to be the persons described in and who executed the
foregoing instrument, and they severally acknowledged before me the execution thereof as such officers,
by virtue of due and proper corporate authority in them vested. and that the said instrument is the act
and deed of said corporation.
And the said H. W. MARTEN~ . Assistant Secretary as aforesaid.
also acknowledged before me that he affixed to said instrument the corporate seal of said corporation, by like authority
in him vested.
ESS my signature and official seal in the County and State above set forth, thiS
2.2-
day of
11-
i~
Notary Public, State ,of F~~~~lic. .
My commission expires leu. , - " - _
My commission Expires .2 - /~"'"7 3
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STATE OF FLORIDA
COUNTY OF PINELLAS
I hereby certify that on this day before me, an officer duly authorized
to take acknowledgments in the State and County above set forth, personally
appeared
H. Everett Hougen
and
R. G. Whitehead
respectively, Mayor-Commissioner and Clerk of the City of Clearwater, Florida,
to me known to be the persons described in and who executed the foregoing instru-
ment, and they severally acknowledged before me the execution thereof as such
officers, by virtue of due and proper authority in them vested, and that the
said instrument is the act and deed of said City.
And the said
R. G. Whitehead
, Clerk as aforesaid,
also acknowledged before me that he affixed to said instrument the seal of said
City by like authority in him vested.
WITNESS my signature and official seal in the County and State above
set forth, this
3rd day of
September
, 1969.
~~~ ~~/.
Notary Public
My Commission Expires:
Notary Public, State of Florida at La~9~
'My Commission Expires Oct 21, J970
Bonded By Amerign fir. & ,-..oItr Co,
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