ATLANTIC COAST LINE RAILROAD COMPANY (2)
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6'7 54663
STATE OF FLORIDA
COUNTY OF PINELLAS
THIS INDENTURE, Made this /~'""day of -::J'C/ne.- , A. D., 1967,
between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation under the laws
of the State of Virginia, party of the first part, and the CITY OF CLEARWATER,
a municipal corporation under the laws of the State of Florida, party of the
second part,
WITNESSETH: That the said party of the first part, for and in con-
sideration of the sum of One Dollar to it in hand paid by the said party of
the second part at or before the ensealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained and sold, and
by these presents does grant, bargain, sell and convey unto the said party of
the second part, its successors and assigns, a right of way and easement for
a driveway through, over and across that certain strip or parcel of land lying
and being at Clearwater, County of Pinellas, State of Florida, and described
as follows, to wit:
The easternmost 20 feet of the Atlantic Coast Line
Railroad Company's right of way between Cleveland and
Park Streets; said right of way being 30 feet wide on
each side of the center line of the Atlantic Coast Line
Railroad Company's main track; containing 0.11 acre,
more or less, and being shown outlined in red on the
print attached hereto and made a part hereof.
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It is expressly understood and agreed between the parties hereto
that the party of the second part will have the right and privilege to pave
said strip of land at its expense. It is further understood and agreed that
the party of the second part will erect and maintain, at its expense and in a
manner and of materials satisfactory to the party of the first part, suitable
type barricade along the western side of said strip of land on,10-foot centers'
with said main track. It is further understood and agreed between the parties
hereto that the party of the first part will make certain track changes in the
immediate vicinity of said strip of land and that the party of the second part
will reimburse the party of the first part for the cost, not to exceed One
Thousand Five Hundred Dollars ($1,500.00), of such track changes.
TO HAVE AND TO HOLD the said right of way and easement unto the
said party of the second part, its successors and assigns, so long as the same
shall be used for driveway purposes.
And the said party of the first part does hereby covenant to and
with the said party of the second part, its successors or assigns, that it is
lawfully seized of said strip of land; that the same is free from all encum-
brances, and that it has good right and lawful authority to convey the said
right of way and easement and that it will warrant and defend the right to the
full enjoyment of the easement and right of way hereby granted against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be signed in its name by its Vice President, and its corpo-
rate seal to be affixed, attested by its Assistant Secretary, the day and
year first above written.
Signed, sealed and delivered
in the presence of:
ATLANTIC COAST LINE RAILROAI),OOtvIPANY:
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By Vice preSi~~ ,: I
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. ,MA.u~c...'t Assistant SecrefarY:'> -
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SCALE:
ATLANTIC COAST LINE R. R. CO.
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OFFICE OF DIVISION ENGINEER
OCALA, FLORIDA
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Form 3519-B-Fla.
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O.R, 263:] PAGE536
FLORIDA FORM
STATE OF FLORIDA
COUNTY OF DUVAL
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I hereby certify that on this day before me, an officer duly authorized to take acknowledgments in the State
W. I.. MARABLE
D. C. Hastings
and
and County above set forth, personally appeared
respectively
Vice President
and
Assistant
Secretary o~
ATLANTIC 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.
W. T. MARABLE
And the said Assistant Secretary as aforesaid,
also acknowledged before me that he affixed to said instrument the corporate seal of said corporation, by like au.
thority in him vested.
WITNESS my signature and official seal in the County and State above set forth, this,./ J?'-/-..-1' day of
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196~
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Notary ubhc. ',' :!j1.;:l_ ,c -'.
NotiriPub~c;Stateof F'o~i"aat :Lamti
My commission Expires MY('~mi~\jon. Expires June 20, 1970
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SEABOARD COAST LlfJE RAILROAD COitlJPANY
Operating Department
Tampa, Florida 33601
B.B.VAUGHAN
SUPERINTENDENT
June 5, 1975 -
File: 13-6285
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City of Clearwater
P. O. Box 1343
Clearwater, Florida 33517
Gentlemen:
Referring to easement agreement dAted August 18, 1961~, between Atlantic
Coast tiDe F.ailroad Com:oany, now Seaboard Coast Line Ra.ilrot.d COr.Ipany-, and the
City of Clearwater covering a public road crossing (Dre,., St:reGt) over our
right-of-way and tracks 1,374 feet south of Nile Post ARE...88l, Clearwater,
Florida:
Since this crossing is nov covered by agreement dated August 7, 1972, with
the Florida Department of Transportation, "ole are cancelling as ot record the
agreement of August 18, 1964.
Very truly YO\ll"S,
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SUperintendent
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