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PIPE LINE CROSSING ALONG DRUID STREET -- . . S.il\! 9.~5 cre::. I I PAR'l' ONE-Form 3530 ) "~ THIS AGJtERUJi!Jofr, 'Kade,and ,entered into this.....2l...day of....J'abal&q.......m......, 19.56..., by and befNJleii. the ATLAN'tIC::OOAS'l'ltINE RAILROAD COMPANY, a' corporatlonereated and existing undetaftd by virtue of th~,liws of th~ State of Virginia, h~~ for conv~ni- ence styled the RailrGad Company, ,thE! ~,party, and the.~:....Oi.~...Q!.J.a.)3~er_..........-...- .___.___.._...........................:...........................".............-.:....a.unicipal corporation under the laws of the State l'arida " ," , ','. " of.........~............._............................, th.e seCOM party. '0 . ,,' ~ WITNESSETH. That the RalJtoad c:ornpany, for and in consideration of the sum of One Dollar'to it in hand pai4 by tb~ second party, ,the receipt whereof is hereby acknowledged, and the performance of the co~ants h~:reoniained on the part of the second.p8ftY, does hereb;y give "and grant unto the.secon~ party tbe,",ti8~t and privilege tolay and maintain,f~ ~e purpose nf co.~t1Dg water, 0. line ot If).;~ east iron pipe across the right .t way and umic- the msin traek ot the ..~..c....,. at lln1d Streett ,clearwater, Florida, at, a point 145 teet 8Outhwardl:", _sS\lr$d "long the center line of said maiD track, froll mile ~8t~IJ,.~ abOD :In ,i'IJ4t, Qn the hlu pri,Bt .,"~;_.to and .... 81.,.t ,11....,J _:&I. ~ ot ... biibl JO :teet .We en each side otsaid center me /' And the second party hereby covenants and agrees with the Railrol!d~ompany in co~~der- ation thereof, as f~ ' (1) '!'bat .the ,secont;f.:~ sludll~y and ,maintain said pipe in a manner satisfactory to the Engineer M8intenanc~of 'Way of:th~ ,Railroad Company and so as not to interfere with pipe or other structures now in place; and in the event that the said pipe shall need repairs, the second party shall make such repairs; and upon the failure of the second party to make said repairs, the said Engineer shall give notice to the second party of needed repairs, and upon the failure of the second party to make repairs after said notice, the Railroad Company may make all necessary repairs, at the cost of the second party~ which cost the second party hereby agrees to pay on de- mand. (2) That the second party shall assume entire responsibility for any loss, damage or injury~ including death, to the property or employees of the Railroad Company, or to any other person or property, which may be caused by or arise from the installation, presence and maintenance of said pipe, and the second party shall protect'~and save harmless the Railroad Company, its succes- sors and assigns, from any and all loss, damage or injury caused by or arising from the installa- tion, presence and maintenance of said pipe. (3) That the first party shall not be responsible in any manner for loss of or damage to the said pipe, or any other proPerty, of the second party, from any cause whatsoever, it being under- stood that the first party may, if it so desires, install and maintain, above ground, markers to indicate the location of s~d pipe, such markers to be placed at such points as l:lre satisfactory to said Engineer Maintenance of Way. (4) That the second party will. at any time, upon thirty days' written notice given by the Railroad Company, chB!lg~landa1ter the location of said pipe to comorm to any changes or improvements that may De: made by the R~ad Company in its tracks or roadway at said location. (5) It is exp:tessly'undmtood'rilid.lii~:~b',~etU'.snMi be'mM:e'8gMnStui.e'"R8il- road Company to cover the cost (or any part thereof) of construction and/or maintenance of said pipe, including material, labor, and ,any other item of expense incident thereto. (6) That the second party willpa'1:~the:aai1r0ad Company, on bills rendered by the Rail- road Company, the full amount of all cost and. expense which may be incurred by the Rail- road Company in protecting its track or tracks by driving piling or by other means while said Qipe is being placed thereunder. ,c DS-rx600(7) S-1]'1 9-55 opeo. .-- I . , ,U (7) That the poriion of .14 liD. ot pipe uadernHth sa1dtrack and l"Olldbed. thereof shall be enc..... by' ... at the er;pea.. ot the '8OOD.4 partl in an lB. 1Bch, ,11. gauge corrttaated -w. pipe OOII41dt aDd plaCed at a lIblimall depth of 48 iaohe. below the ba.. of -.u of ..u tre.ek or not lesl thau 12 inches be- 10. the bottom of tb.RaIDo..eo....,-.1'OII4bedd1tches- wh1chever depth lIay be the lower.. .........t. ~. to thet10p of said conduit. f PART TWO-Form 3530 I, " I _. I , , '. It is und, erstood and agreed that ,this' con~ctshall nO,t be binding until it has been ratifi,ed . '.. ' .Cl':t Couisa1oners bv Droper ordmance or resolution of the__m_______------------,----_____________________________________________of the second ., ,.l.; I ; " \' , ' ' , ' party, a certified copy of which resolution or ordinance is attached hereto and made part of this agreement. IN WITNESS WHEREOF the partiesheretci have executed these presents in duplicate the day and year first above Written. Witnesses for Railroad Company: ATL'ANTIC COAST LI~ROAD COMPANY. --t:f.--~.._--~-...--.--m...- By2J;:~------------------!:?~--~-.-:.J....m-.-- ~____:_.E.":m _ m _ .. __._ General Manager Witness. r secoz ~ ------- ----- --...~~_;J~' .. as to form and ..' ~ Tn Stamp, ID ... ~iiI.-:-(4f2!;f~, 111W@ ~,~ t'tdl3{.ed to ~ Cofi&icl 6il :file J.n btiJ (J~ (J~ Real Estate Agedt at Wiih1ington, N, C. y . 8-1M 9-66 CPCo. . I ". t P~T THREE-Form 3530 L from 7tJf tl\._-",~s..~!c_~;$tr_!lommiss!on~f cth. City of ~~~t..., held on the---L~-- ,_day of___~ ~~____________19j,.L~ RESOLUTION ~e it resolved by the_~:!.t:y Co81...1Q~~______..______________Gf the, City__ Olearwater, FIor1da '. regular _eting' oL.._____________ __-;- In., ,'-'"______________________assembled, that the Ia10r - eoai8e!oner , .' 1..-' d he h by" .. th' ed . . to _________________ ' ----'---:--_,., an ere 1S, au onz to enter m an agree- ment with the-.~.1JU't"1'Ia ~ LDJ"E. '. ,______RAILROAD COMPANY, and to sign same on behalf ofsaid-----q11!L-~.. .- --.-, whereby tbe said Railroad ~ gives and great.:_rto, ~h. said City, the right an4,prbi.!.,,; 1;& :Ley Md lIl&intain~ for the purpoa' of conduct.. _ter, fA line of lQ.1nch CAst iron pipe across the right of way and under the ma5.n track of the f:laid Railroad CorrJpany at Druid Street, Cl.arw.a~er, Flori4a, ata'b.pOint14~ feet southwardly, measured along -the center of said maia traek, from mile pa~t m::-882; as more particularly HlICl"ibed in said agreement, 1fhich agre(uuent is.da~~F.bru&r1 21, 1956. .~ I7p~7COPY' , , Clerk.