ATLANTIC COAST LINE RAILROAD COMPANY
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FORM 3517-1
Revised 9-14-61
THIS EASEMENT AGREEMENT, Made and entered into this 18th day of August
19 64 ' 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 CITY OF CLEARWATER,
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 Clearwater, Florida,
said crossing being 60 feet In width, I.e., 30 feet wide on each side of a line
which extends across said right of way in an east-west direction and intersects
the center line of Coast Line's maIn track at a point 1,374 feet southwardly
measured along the center line of said main track from Mile Post RE-881; it being
understood and agreed that the westernmost 60 feet of said crossing shall be
35 feet in width and extend northwardly 35 feet from the southern line of the crossing
described here!n; as shown In red on the print attached hereto and made a part hereof,
Coast Line's right of way being as indicated on said print.
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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 shall be borne by Grantee, except, however, that Coast Line
will at its expense, construct and maintain the portion of 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
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J&B'29974
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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. It is expressly understood and agreed that if at any time in the future
the Grantee should determine that safety requires protection other than that afforded
by stop signs, such as watchman, gates or flashing light signals, Coast Line will not
be called upon or required to bear the COlt or any part of the cost of furnishing,
installing or maintaining any such protection; it is further understood and agreed
that before providing any such additional crossing protection Grantee w111 first
obtain approval in writing from the Chief Engineer of Coast L1newith respect to
location and type of protective facility.
Note; Article 4 was added hereto prior to the ftxecution hereof.
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 ty C~ssion of the City of Clearwater Florida
, a certified copy of which resolution is attached hereto a'nd made a
part hereof.
In Witness Whereof the parties hereto have executed these presents in duplicate the day and year first
above written.
Witnesses for Coast Line:
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ATLANTIC COAST LINE RAILROAD COMPANY (Seal)
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Vlee-Preslllent
Witnesses for Grantee:
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Approved as to form & correctness:
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ATLANTIC COAST LINE R. R, CO.
TPP(.'S
AND
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eLL A P 1/1- n:... P ,::- LA.
M.P. Qt:. 8";;'} DATE: 6.5 (,,4-
OFFICE OF DIVISION ENGINEER
OCALA, FLORIDA
PLAN No, ;c,(,(,5"6 102
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RE,S()LlJTION
No. 64 - 137
wHEREAS, the CitY:Jf Clearwater has lound it necessary to obtain
an Easement for constructing and n-laintaining a. str,,,,et ero.sing across the
right of way and tracks of the: A tlanh..: Coast Line Railroad Cr.Jmpany at
Clearwater Florida, said crossing being 60 fed in width, i. e., 30 f(;et wide
on bach side: of a lint; which ,~xtenda acr(,)ss said right of way in a:i ."ast-Wf:'st
direction and inh,rsccts the center line of Coast Liners main tra.ck. a.t a point
I, 374 fEet southwal'd1v r:leaeured along th-e ';,;entt'l r lint oi said main track
1ror:;",~ Mile Fost RE-881 and
'WHEREAS, the Railroad has prepared an Easc?rf).ent AgreeUlent to
tha.t effect lor for"lai ~Xel:llti,m by its C0rp')ra.l'~ )tfL:f:l'S af: wl;':l1 as the
proper :.-,unicipal offiu.' rs of the City of Clearwate rand
v\HEREA:, th-.: RaiHoad has requeatt,d a Resolution 0<' adc.pted by
.;aid CIty brrnally approving said agr~enlent and authorizing the proper City
')fficials to exeCl.lt... 6017",-,<';
NO\\', THEREFORE. BE IT RESOLVED a Y THE CITY
COMMISSION OF THE CITY OF CLEA 11 \i A TER. I-~ LGRIDA,
IN SESSION DULY AND RE.Gui..ARLY AS~;Ed'v~BLED. AS
FOLLOWS:
That the fda',or, togt"thcr witrA tbe .)ther appropriatt:'muni~:ipal officers
.)1 the Cit) 01 CleanV:l.ter 4r~ he~'eby a~tboriz~_d and empowered to execute
a certain Eas ~tGent AgreeLl(;nt with the Atlantlc c.oast Line Railroad CO~llpany,
bearing datE of A '-igust Hi. 1964, for constructing af'l.o l..ainuunin~ a. street
crOSf:ing, designated all Drf'w Street, over said Railroadrs right of way and
tracks at a. floint 1. 374 f;:;et South of Mile Pest RE -381, Clearwater, ?in..:'llas
County, F'lorida.
PASSED AND ADOPTED thilJ
8th
day of 3 q~te~..ql bel'. A. D. 1964.
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,atherly
M,aYi)r-COrrLInisIS ione r
Attest:
/s/ R. G. Whitehead
City Clerk
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1. R. 0. Whitehead. duly appointed City Clerk of the City of
Clearwater ,Florida. certify the foregoing to be a true and correct copy
of R.elolution No.
64-137
adopted by the City Commis.ion
on the
8th day of
September
. A. D. 19 64
Witne.. my hand and the 8eal of the City of Clearwater, this
9th
day of
September
. A. D. 19 64
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J &B-2997 4
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FORM 3517-3
Revised 9-14-61
1
RESOLUTION
At a regular meeting of the of the City COIIaiuion of the Cl ty of Clearwater" Florida
, held on the
day of
, 19
, the following
was ordered and spread upon the minutes:
"It is hereby ordered by the Cl ty COJIIIdssion of the City of Clearwater, Florida
, that the form of agreement between the said City
and the Atlantic
Coast Line Railroad Company, dated August 18, 1964
, 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 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."
"Further that the Mayor-COlllllllssloner and Clerk are hereby authorized
and directed to execute said agreement in the name and on behalf of said Cl t Y
I hereby certify that the foregoing is a true extract from the minutes of the meeting of the City Commission
of the City 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 Commission
of the City of Clearwater, Florida
after execution, in accordance with the above resolution.
Clerk
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Augus t S. 1964
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Mr. J. L. Kennedy
Superintendent
Atlantic Coa.s.t Line Railroad
Oc a 1 a . F lor i d a
Dear Mr. Kennedy:
Your letter dated July 20, 1964 addressed to Mr. Max
. G. Battle, City Engineer, regarding the work to be
performed by the Atlantic Coast Line Railroad at the
Drew Street Crossing was handed t? me fOT appropriate
ac tl on .
I am pleased to state to you that the City Commiss.ion
at its Regular Meetinl of August 3, 1964, authorized the
payment of all costs involved in making the improvements
to the Atlantic Coast Line's Drew Street Crossing. I
trust that this letter willbe sufficient assurance tbat
this work \':ill be done and th,at you will arrange for the
completion of the necessary wdrk at your earliest
c onven i ence.
"
Sincerely yours,
James R. StCWIlTt
Cl ty f-iana ger
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Interdeportment Correspondence Sheet
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FORM 392
Ocah, Florida,
July 20, 1964 -
Filez 13-211
Mr. Max G. Battle, City Engineer,
City of Clearwater,
P. o. Box 1348,
Clearwater, Florida - 33517.
Dear Mr. Battle z
Referring to my letter dated July 9, 1964, concerning
your application for authority to widen and improve crossing of
Drew street over Coast Line's right of way and tracks at a point
1,374 feet south of Mile Post RE-88l, Clearwater, Florida.
With my letter of July 9th, I advised you that the portion
of the work to be performed by Coast Line, at the expense of the
City of Clearwater, is estimated to cost $811. In addition to
this expense, the cost of adjusting communication lines for the
improved crossing is estimated to be $330.00, divided $255.00
estimated western Union expense, and $75.00 estimated COast
Line expense. Upon receipt of a letter to the effect that
the City of Clearwater will assume ill expense involved in
the improvements to Drew Street crossing, I will promptly
arrange for adjustment of the communication lines and arrange
for completion of COast Line's portion of the road construction
project.
Yours very truly,
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FORM 382
(Xala, Florida,
July 9, 1964 --
Files 13-211
Mr. Max G. Battle, City Engineer,
City of Clearwater,
P. o. Box 1348,
Clearwater, Florida 33517.
Dear Mr. Battles
1 refer to your letter dated May 8, 1964, making application on
behalf of the City of Clearwater for authority to widen and improve crossing
of Drew Street over Coast Line's right of way and tracks at a point 1,374
feet south of Mile Post RE-88l, Clearwater, Florida.
It is observed that the proposed improvements to this crossing
will involve widening the crossing to a width of 41 feet, relocation of
Western Union pole and crossbuck sign, and the repaving of the street area.
It is also observed that Florida Power Corporation will, during the period
of construction, install a l2,470-volt power line beneath Coast Line's
right of way and tracks within the street area at a point 1,340 feet south
of Mile Post RE-88l. Formal authority for the power line crossing has
already been extended to Florida Power Corporation.
It will be satisfactory for the City to widen and improve the
crossing, as proposed, with the understanding that installation will be
at the entire expense of the City of Clearwater, under supervision and
to the satisfaction of our Maintenance of Way Department and subject to
execution of our usual form of agreement to cover, which document is now
in process of preparation and will be forwarded to you at an early date
for execution. The agreement will include, among others, our usual
additional crossing protection clause.
In line with conversations in our on-the-ground conference, that
portion of the work to be performed by Coast Line, at the expense of the
City of Clearwater, is estimated to cost $811. I will advise you at the
earliest possible date the estimated cost of raising communication lines.
In order that proper supervision can be arranged by our Maintenance
of Way Department, please extend to this office at least seven (7) days'
~9t~ce prior to the date you propose to make the crossing
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