PIPE LINE CROSSING AT LAURA STREET
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I Part One Form 3530
/ THIS AGREEMENT, Made and entered into this 6th day of September 1922, by and
between the ATL~~TIC COAST LINE RAILRO~D CO~~ANY, a corporation created and organized
under and by virtue of the laws of the State of Virginia hereinafter, for convenience
styled the Railroad, the first party, and the CITY OF CIEA.K"JAT&'i.
a municipal corporatioJ under the laws of the State of Florida, the second party:
HITNESSETH: That the Railroad, for and in cnnsideration of the sum of One Dollar
to it in hand paid by the second party, the receipt Whereof is hereby acknowledged, and
the performance of the covenants hereinafter c')ntained on the part of the secand party,
does hereby give and grant unto the second r:arty the right and privilege to lay, under
the tracks and across the right~of-way of the Railroad in the City of Clearwater,
Pinellas COill1ty, Florida, at Laura Street, extended, at a point about 4770 feet south-
wardly from Mile Post 134, a line of 15-inch terra cotta sewer pipe; also privilege
to lay along the outer edge of said right-of-WSiY, a line of 12-inch terra cotta sewer
pipe, location described as follows, to-wit:
Comnenoing on wstern side of !lBin line track at Railroad, at a point 5090 feet
Southwardly fro:n Mile Pas t 134, aforesaid, and 75 feet westardly, as measured at
right angles, from the center line of :Bid main line track; run thence northwardly
parallel to and 75 feet from said center line a dis tame of 320 feet; which pipe
lines are shown in RED on blua print attached hereto and hereby made a part hereof.
Said pipes to be laid at a distance of four feet below surface of the ground.
And 1he second party hereby covenants and agrees with the railroad inconsideration
thereof, as follows:
(1) That the second party shall lay and maintain said pipes in a manner satisfactory
to the Engineer, Maintenance of Way, of the Railroad am so as not to interfere with
pipes or other structures now in place; and in the event that the said pipes shall
become in need of repairs, the second party shall repair same upon notice given by
the said Engineer, and upon the failure of the second party to make such repairs, the
Railroad may make all necessary repairs, but at the cost of the second party, which said
cost the second r:arty hereby agrees and promises to pay on demnd.
(2) That the second party shall assume entire responsibility for all damages caused
in any manner by the said pipes to the property or employees of the Railroad or to
any other person or property; and that the second party shall protect and save harmless
the Railroad from any and all damages and losses caused in any manner from the said
pipes howsoever resulting.
(3) That the second party will at any time, upon thirty days written notice given by
the Railroad, change and alter the location of said pipes to conform to any changes
or improvements that may be made by the Railroad in its tracks or roadway at said
location.
I't is understood and agreed tmt this contract shall not be binding until it has
been ratified by proper ordinance or resolution of the City Council of th~second party
a copy of which resolution or ordinance is attached hereto and made part of this agree-
ment.
c':lntd.
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IN WITNESS WHEHEOF, The Railroad has caused this agreement to be signed in
duplioate by its proper offioer; and the s eoond party has oaus ed the same to be
signed by its Mayor, attested by its Clerk, and approved and ratified by its
City Council in sessio~ at a duly authorized and calle1meeting of said boqy
and itsoorporate seal affixed on the day and year first above written.
ATLANTIC COAST LINE RAILROAD COHPA.i'JY.
Witness: S. D. Hurst, Jr.
By: P. R. Albright,
General Manager.
witness:
G. E. Haultsby
:JITY OF CLEARWATER, Florida.
Attest: J. R. Thomas,
Clerk
By: Frank J. Booth,
Hayor.
Witness: Myrtle Christie.
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I
Part Two - Form 3530
Extract from minutes of Council Meeting held nn the 6th d~ of September 1922.
RESOLUTION
Be it resolved by the Mayor and Counoi1man of the CITY of ClEARWATER, Florida,
in council assembled, that the Mayer by, and he hereby is authorized to enter
into an agreement with the ATLANTIC COAST L,:::NE RAILROAD COH:'ANY and to sign same
on behalf of said Mayor and Councilmen, vbereby the Atlantic Coast Line Railroad
Company gives and grants unto the City of Clearwater, Florida, the privilege to
lay under the tracks and across the right-of-way of the said Railroad Company in
the City of Clear~ter, Florida, at Laura Street extended, at a point about 4770
feet southwardly from mile post 134, a line of 15-inch terra cotta sewer pipe;
also the privilege to lay along tie outer edge of said right-of-way a line of
12-inch terra cotta sewerplpe, location described as follows, to-wit:
Commencing on western side of main line track of Railroad, at a point 5090 feet
southwardly from mile post 134, aforesaid, and 75 feet westwardly, as measured at
right angles, from the center line of s aid main line track; run thence north-
wardly parallel to am 75 feet from said center line a. distance of 320 feet; all of
\.fhich as described in said agreemnt dated Septembe-r 6th 1922, and as sh')WJ:1 on the
blueprint attached thereto.
I certify the above to be a true
and correct copy.
J. R. Thomas.
Clerk of Council.
SEAL
Approved:
W. G. Forlong,
Real Estate Agent.
A pp rove d as to fom:
Garter, Taliaferro & Kelly
Approved:
H. G. Laird
Engineer, Maintenance of Way.
Approved:
H. O. McArthur,
Superintendent .
Approved:
J. C. Murchison
General Superintendent.
dis t-wtm.
COpy
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Gl",.=:tnvater? >'16.. ,)f;t1. 7th,1949.
H' ile-5(~-C 0
r;P033FTG 'J:R\(}I{... f3ewer Pipe el?sement...City of ,]leA.rw8.ter,
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Mr.J.IJ.i:enn<:dy",Su.rt- 01)8.18., Fl'1.o
l:jndly n;)te Gh.: attl1ched letter from lJity ot
'J learw,-t er. 'J 1 ty Z,}A nq gl=!r il:r. loyd'~. R €nne t t 0
I observe ~ m~n-hole about ten feet north ot my
south door of ViI3.rehouse, wh ieh hriG been ther e :SDGtIl before
Jea.15th,1926. I believe easement was made with them in 1983
or 19240 I trust wi tl1 thi s informa t ion ,/0 U 'J9U he10 th em..
rChank80
.t.l![.Donaldson_
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