PIERCE STREET CROSSING
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1{)RM'3517-1
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. THIS AGREEMENT, Made and entered into this /~ -r day of ~~ T. ,19 55 ,
by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation under the laws of
the State of Virginia, hereinafter for convenience styled the Railroad Company, party of the first part, and the
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City of Clearwater, a Munieipa1 Carper-at-ion, St.at~ 0'" J'1o~~da
hereinafter for convenience styled Licensee, party of the second part:
WITNESSETH, That the Railroad Company for and in consideration of One Dollar to it in hand paid
by Licensee, the receipt whereof is hereby acknowledged, and of the covenants and agreements to be kept and
performed by Licensee as hereinafter expressed, hereby grants to Licensee the right or license of conAtructing
alldmaint.ining JI highway or street crossing at grade across the right
of way and track or tracks of ~he Railroad Compllny at
Pierce 8t~..t. Ol.....'.rj Florida, at a point 2.239 feet
north of JU.le Poat 0-'82, me..ured along the center line
of the Atlantic Coast Line RaUroadCompany's main track,
to the center line of said _tre.t Crossing, as shown in
Red on the bl~prt.$ attached hereto and made a part
hereot, the said riCA' .r wa7 being 30 teet wide on each side
of said center line ot the Railroad COllP.&ny's mAin track.
And Licensee hereby covenants and agrees in consideration of said license:
First: That said crossing shall be cO'lBtructed and ...inta1necl Jlt the cost and
expense of Licensee, but in a manner and of materials satisfactory to the Engineer Maintenance of Way of the
Railroad Company, and that all incidental expenses necessarily incurred in connection therewith shall be
borne by Licensee, except, however, that the Railroad Company 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.
Second: That the Railroad Company shall have the right, if it so desires, to construct an additional
track or tracks across the land covered by this license.
; Third: Tha t Lic~nsee, for and 'in cOllsideratiollof the privileg~s' and benefits granted;by the Railroad
Company, and benefits flowing therefrom unto Licensee, agrees ,
to save harmless the Railroad Company, its successors and assigns, from any and all claims on account of
personal injuries or damage to property of whatsoever nature arising during the construction or reconstruction
of said crossing; and Licensee agrees, ,
to indemnify and save harmless the Railroad Company, its successors and assigns, from any and all damages
that might occur to said Railroad Company on account of improper or faulty drainage at said crossing due to
the construction or reconstruction thereof.
'ourth: It i8 expressly understood and agreed-that, if at any time in
the future, crossing protection signal dences or any other cro.sing
protection! shall be couiclered necessary by t~e Licensee, the Railroad
Company wi 1 bear no par~ of the coat or expense of furnishing and in-
stall,! ing, ,.uch crO..,ina, P 1"0, "aotion whether the 8ame, b,. by watchman, gates
or tlaah1ng light .i~., that any auto_tic flashing light signal pro-
tect:l.Qnr.. or ot.her aut~..tie protectionl.sha11 b. 01 the standard approved
by the ~eau or Publi...... and the ~tate Road Department ot Florida,
erected and inatalle<i by tbe Railroad Company at u;;exp,na8;~to the Rail-
road Company I the _int.Danee $Dd operation thereor shall be at the 801e
expense of tae Ba11roacl Ceqany.
In Witness Whereof the parties hereto have executed these presents in duplicate the day and year first
above written.
Witnesses for Railroad Company:
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:~NTIC ;.7)lOA~.~~PANY
. ~ Ge!le1"ll! Manager,
CITY 01 CLl4DA'l'ER, I
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City !u4itor and Clerk
A.ppNoyed &. to f rm and correctness:
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ft$J1. '".."" ,:$ orney
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Witne"" foc Licen?
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By
sioner
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J&B-29974
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Form 3517-2
RES 0 L UTI 0 N
At a regular meeting ~ the Clearwater City Commission,
held on the 1st day of August, 1955, the following was ordered
and spread upon the minutes:
"It is hereby ordered by the Clearwater City Commission,
that the form of agreement between the said City of Clearwater,
a ~mnicipal Corporation of the State of Florida and the Atlantic
Coast Line Railroad Company, dated
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by the provisions of which the said Railroad Company grants to
the said City of Clearwater the right or license of constructing
and maintaining a public road or street crossing at grade across
the right of way and track or tracks of the Atlantic Coast Line
Railroad Company, as particularly described in said agreement and
as more fully shown on the blue print attached to and made a part
of said agreement, be and the same is hereby approved."
"Further, that the City Manager, Mayor, City Clerk and
City Attorney are hereby authorized and directed to execute said
agreement in the name and on behalf of said City of Clearwater."
PASSED AND ADOPTED this 1st day of August, 1955.
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'I HEREBY CERTIFY that the foregoing is a true extract
from the minutes of the meeting of the Clearwater City Commission
held on the 1st day of August, A.D. 1955.
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I/HEREBY CERTIFY that the agreement hereto attached has
been rEmordeil on the minutes of the Clearwater City Commission
after execution, in accordance with
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SEE PLANS IN FILE