Loading...
ATLANTIC COAST LINE RAILROAD COMPANY ~ . ". I I FORM 3517-1 Revised 9-14-61 \ J&B-29974 THIS EASEMENT AGREEMENT, Made and entered into this 8th day of September 19 65 , by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation un- der the laws of the State of Virginia, hereinafter referred to as Coast Line, and the CI TY OF CLEARWA 'fER, a municipal corporation under the laws of the State of Florida, hereinafter referred to as Grantee: WITNESSETH, That Coast Line for and in consideration, of One Dollar to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, and of the covenants and agreements to be kept and performed by Grantee as hereinafter expressed, hereby grants to Grantee an easement or right of way, within the limits hereinafter set out, for constructing and maintaining a highway or street crossing (including the usual ap- purtenances such as a paved roadway, curbs, gutters, sidewalks, shoulders, slopes, fills, cuts and drainage fa- cilities) at grade across the right of way and track or tracks of Coast Line at Myrtle Avenue, Clearwater, ;::lorida, said crossing being 60 feet in width, i.e., 30 feet wiele on each side of a line which extends across said right of way in a north-south direction and inter- sects the center line of Coast Line's main track at a point 2,029 feet northeast- wardly measured along sai.d center line from 'Jlile Post RE-881; said crossing baing shown outlined in red on the print attached hereto and made a part hereof; Coast Line's right of way being as indicated on said print. And Grantee hereby covenants and agrees in consideration of said easement: 1. Said crossing shall be constructed and maintained at the cost and expense of Grantee, but in a man- ner and of materials satisfactory to the Division Engineer of Coast Line, and that all incidental expenses necessarily incurred in connection therewith sha11 b~ borne by Grantee, except, however, that Coast Line will at its expense, fMM~tmrlntMn~teof said crossing between the rails of said track or tracks and for two feet on the outside of each rail thereof. 2. Coast Line reserves the right, if it so desires, to construct an additional track or tracks across the land covered by this easement. 3. Grantee, for and in consideration of the privileges and benefits granted by Coast Line, and benefits flowing therefrom unto Grantee, agrees , to save harmless Coast Line, its successors and assigns, from any and all claims, including attorneys' fees arising out of any suit, on account of personal injuries or damage to property of whatsoever nature arising "I'-l'6/1-0D- <;' j.,.,;- .' ,J&B-29974 I I FORM 3517-2 Revised 9-14-61 during the construction or reconstruction of said crossing; and Grantee agrees, , to indemnify and save harmless Coast Line, its successors and assigns, from any and all damages, including attorneys' fees, that might occur to Coast Line on account of improper or faulty drainage at said crossing due to the construction or reconstruction thereof. 4. Notwithstanding anything herein to the contrary; it is understood and agreed that Grantee will, incident to the construction of said crossing, reimburse Coast Line for the cost to Coast Line of performing the following: (a) Installing said crossing over said main track, shortening and adjusting Coast LirE's pass track at total estimated cost of $2,335.00, as ShOltffi on attached Form 3560-EJ the portion of said pass track to be removed being shown in yellow and the relocated portion of said pass track being sr.ovm in =ad on said print. b) Installing automatic flashing light signals at estimated cost of $11,410.00. ... 5. Grantee will, upon comp~etion of said crossing, abandon and remove from said right of way the existing crossing of Cedar Street, located at a point 600 feetsouthwestwaa:-dly measured along center line of said ",ain track from tr.e crossing described herein, and will convey to Coast Line the right of way of Cedar Street within the limits of Coast Line's :-nain track right of way. Note: The following changes were made in this agreement prior to the execu- tion thereof: Article 1: The words "construct and" deleted and the word "thereafter" interlined. Articles 4 and 5: Added. It is understood and agreed that this easement agreement shall not be binding until it has been rati- fied by a proper resolution of the Ci~'fa ~&lffi1\aSc~~ &fwhPlh &idiYttf2.h &\ttfID{M~tet6\HifI~qde a part hereof. In Witness Whereof the parties hereto have executed these presents in duplicate the day and year first above written. Witnesses for Co?\Line: 9. (?lU .dt'...~::;::;) ~./~~ By -'" '"".... .. Witnesses for Grantee: Turner) City M~ager Stewart) , -'- 36..114'4-1-1 " '1'01'IIl II'O-B DUOIUl''fIOIt 01' ~I.O": l I ,.., ~":""..n:'4':3r::tCi~ trDMl MI.'."."" "",', ...:r'.~, ta_..H....,.wu. A~.IA1f... a.u- -". .~.. ' , , hl.. DB'1'AIL 0., .8~'I'J: a-U-e Unit QuanUty Item Price '1'otaJ Cost - O.Y. Grading -~ -.S_ Acres Olea.r1ng & Grubbing L.F. P1~ ,. ~,~ , . . ftv")l~- "','~"m,. U, ... .. Sets Switch TIeR ... '1t.~lt".""111~I., ,- Each Oross TI- . - Tons FAn , Tons Ran I Pair Angleb&ra.--f} Pair Anglebar&--# Each Oompromlse Joint" Eaoh Turnouts Metal f} - " Eaoh Turnouts Metal f} - , Each TIe Plates l'astAntng - - O.Y. Ballast , ... '.....ml..."...... ,~' II L. F. Traok Laying &SUrfactnl . " Eaoh Labor PlacIng Tu:ll.Out:a O.Y. Labor PlaoblJ ~aIlast .. L.F. Labor lIrHIIlMJl1Tl'Anlr " " .... .... --~ 1 Ea.ch Labor'tWl J HTUJ:noutA ".1r'_ ....: lZ ~~ - "- -- , ~,. .trr\Uliurn ...'1-' eAlli .,. ..... ... .,- ..- . ' w"'""""" .,. .. ~.... '...., -- ..", , ~;\" ,:~L;":':"";.,IL. "... -,-, ...... ,," " . ~ - - """iIJ/iij..... . ,-::-: :....i:....' -= - ~...' "". - ENGINEERING AND OONTINGDOIEB 1&1. - GBOSS .OOST $ 11M III Prepar~ By' Checked By: ~y 01' ..'1'JIU.'1'B Est1matedG~!qOSl!i~hoJ'- Amount !~tlODBesene oJ;\ar...ble ,Opera., ~A for prOperty Other Account- retlred VaL of Salvage B.eoov Oost of Property Betire" Inoldental Oost Oharg8!b1e to O. :I To Other Accounts Het g=~e to Propel'tJ Investment Aoot. Total Oost to be Bome by A. O. L. R. R. 00, or Participated in By $ BB'1'IUIIIIBT Aocount_ $ $ ~ $ $ S- , . " J&B-29974 " , I FORM 3517-3 Revised 9-14-61 At a regular meeting of the RESOLUTION City Commission of the City of Clearwater, Florida \ , held on the day of , 19 , the following was ordered and spread upon the minutes: "It is hereby ordered by the City Commission of the City of Clearwater, Florida, , that the form of agreement between the said City and the Atlantic Coast Line Railroad Company, dated September 8th, 1965 , by the provisions of which the said Rail- road Company grants to the said City an easement or right of way, within the limits therein set out, for constructing and maintaining a public road or street crossing (includ. ing the usual appurtenances, such as a paved roadway, curbs, gutters, sidewalks, shoulders, slopes, fills, cuts and drainage facilities) at grade across the right of way and track or tracks of the Atlantic Coast Line Rail. , road Company at ",'lyrtle Avenue, Clearwater, Florida; as particularly described in said agreement and as more fully shown on the print attached to and made a part of said agreement, be and the same is hereby approved." The City of Clearwater hereby agrees, upon completion of said Myrtle f\VenUe crossing, to abandon and remove from said Railroad Company's right of way the existing crossing of Cedar Street, located at a point approximately 600 feet southwardly from the Myrtle Avenue crossing described herein, and to convey to Coast Line the Cedar Street right of way located within the limits of said Railroad Comp'GYth~r ~h~rack right of way. are hereby authorized Mayor-Commissioner and Clerk of said Cit C i . y omm sSJ.on and directed to execute said agreement in the name and on behalf of saidci ty " I hereby certify that the foregoing is a true extract from the minutes of the meeting of the City Commission of Clearwater, Florida , held on the day of ,A. D" 19 Clerk I hereby certify that the agreement hereto attached has been recorded on the minutes of the City OOlmlission of the City of Clearwater, Florida after execution, in accordance with the above resolution. Clerk -j ~-- TR1l..e,y ---- -- , .0/ ~ ~ tj a.. - - ---L t--_____ , I. 6 \g -- D \9 ~ ~, ~ t" .' -;i~, ,'f . '.1 -=~_c-q~ _~ ,__ ~~'=- '~.. . ..~~:.1 <RE-"-1O..~~.... ~. -~-. - -.. - S'aP9_ ---... L) il ~ ~~_. ------.. A ~ ,. /,. , . ---- - -'~~~---- "'" ..s<.~_ "'---- """")..1 t~ --8-lc-~S c.,.,.. y :-1 .' I-~,. 0 ,""" '-...... I~ T E... '? ..... \::.." R ""'-I -,~ ,-,"~....... (, "__ r..... \.......... - r -:;. \.- A... o\- i ~ ATLANTlJ( COA~T ?\~:~ C~'~~:f CO. T "'~ A C\.-.:.,'~ - 1, '-.. \ ' t1 L L ~A. ~ 'v--J f, . , ~,..- \ \.,~ \"'() R\:'" '" N ENGINEER .. """ I OIVISIO OFFIC~ OF FLORIDA qCALA. " it ~, 4 \ \ \.,) . .-,- ---- ___________ l..- L' --C-, -\'- i I \.i il J>~ .. \., \'- \I. ( , ~-f, '....-"(~ ~' yJ.;> . -..l~ '\ fS\O~ ._ ~ ,').1 ,-~ ",' ,\" y'" \ . r ~__, .l>~-__- _.~~-.<. ...,~-.l "'-~ ----~~\\ _l.-'~ '" ~-"'-_"--'--'r- - -:..-- - 30' 50' ::::=----.-- '~'~Y..::l 1.._, i: --- --.~~ - --~ SCALE: , '- %\ ' , ~ ",::, - -. ~ . (. L(..~.- \"'? '" .~,- \ ,', '~ " .- -.' ,<=0- '-, >. ,L' ') f"... r-1-1 \ 7.<\ \-t '".- " " ' '+~ "'~-T,lJ , i -:--, i \ I \ \ l----+-- . . \ \ 130 I , , , ~ ~--+-,-, .. " .., ,,' -~-~~~t- t:~-- T"It, -----I '~\ ~ , ~ \ rJ ~\ '4, " ',D, . ~:. ~ -'L... ~- - , A. \ -Z'::','C' -, I " ----- ! I R~f;OLUTION No. 65 - 12.9 "vn-IERE.~S. the City of Clearwater desires an tasement from the A tl&ntic Coast Line Railroad Company for constructing and maintdining a atreet crossing at grade acrol. the right of way and track. oC .aid Railroad at Myrtle Avenue, Clearwater, .F'lorida, maid crossing being 60 feet in width, i. e" 30 feet wide on each aide of a line which extend. across said right of way in a. north-south direction and intersect. the center Une of Coast Line', main track at a point 2,029 feet northea.ltwardly mecuured aloni said center line from Mile Post RE-881j and WHEREAS. the City of Clearwater iurther agrees, upon completion of said .Mvrtle Avenue croseing. to abandon a.nd remove from said Railroad COO'lp&nj '8 right of way the existing cro....ing of Cedar Street, located at a point approximately 000 feet southwardly from the M.yrtle Avenue crossing described above, and to convey by Quit Claim Deed to Coast Line the Cedar Street right of way located within the limits of laid Railroad Company's main track right of way; and WHEREAS. the Railroad ha. prepared an Ea.. coment Agreement and a (4Uit Claim Deed to that effect lor formal execution by its corporate officers. a.s well IlS the proper :..r:unidpal officers of the City of Clearwater; and WHf:REAS, the Railroad has requeated a Resolution be adopted b said City. formally approving said agreement and quit claim deed and authorizing the proper City officia.ls to execute sarne; NO\V. THEREFORl<:. BE IT RESOLVED BY THE CITY COMMISSION OJ' THE CITY OJr CLEARWATER, FLORIDA. IN SESSION DULY AND REGULARLY ASSEMBLED, AS IrOLLOWS: 1. That the Mayor, together with the other appropriate r:'..unicipal oHicer. of the City of Clearwater, are hereby authorbed and empowered to execute a certain Easement Agreement with the Atlantic Coast Line Railroad Company. bearinj date of Septei.-nber 8, 1965, and a ...~rtain Quit Clahn Dead, both in COJln?ction with the construction and lnamtenance 01 a street cro.sing at grade across th~ right of way and tracks of said Railroad at Myrtle Avenue, Clearwater, Florida. z. Tha.t a certified copy of this Reeolution be forwarded forthwith to said Atlantic Coast Line Railroad Compan)'. PASSED AND ADOPTED this 18th day of October. 1965. 'al Ji>e Turll~r Mayor-Conunis.ioner A tteet: /. / R. Q. V. hiteh~...d City Clerk . ,,' I . ...... ,. 1- L fC r \.J . Whitehead. ciuly appoimed City Clct'k of the City of Ctoe at' watl::X' , .F'lCir~oa, (et'tify the forel;oing >) i.>t' ;; t!',le and CG.tl"tct copy ofR,<eSolutJ.un No. (,5.J?'Cj .",cl.,;[,l" d i'Y tt.e'_dtv Comrnl :,H'li~)I' on thtl ~Bt!:__ dav of October , A.D. 1965 Witneu my hand and the seal of the City of Clearwater, thls ;:' 0 ~ h ri ,\,\ ,d (:~f. ~uk.,:el:: , A;; . 1 <, t; :: .. r( L~_ Cl~ t')L "