PIPE LINE CROSSING AT GRAND CENTRAL AVENUE
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Fornf'~ '
Rev. Jan. 1962-Sheet 1
UAN 1::; 1964
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~lTY CU::.~
J &B-41229
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AGREEMENT FOR MUNICIPAL PIPE LINE
THIS AGREEMENT, Made this29th day of November ,19.63 , by and
between the ATLANTIC COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the CITY
OF CLEARWATER
a municipal corporation under the laws of the
State of
FLORI DA
, hereinafter styled Licensee,
WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licen-
see, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and con-
tained on the part of Licensee to be kept and performed, hereby grants unto Licensee the right or license to ~
~ mai~tain, for th~J~~:~ose.of a. a~,~rfi!"ttr.nd.a ~torm ..a~~~:r', a.!ineof 8-~nch
vlcuihed clay pIpe and a Hne of 12-1nch r.tnfoft~eOfte!'et~~~, ~~ct1vely,
across the ri ght of way end undernttath: Lieensor' strack 1f7 in <!Tend Central Avenue
at Clearwater, Florida, at a point 850 feet northeastwardly, measured along the
center Une ofsa1c tra~Jt #7 from its point of swi teh at the junction with Licensor I s
main track., whl~h point of switch is 2775 feet southwardly, .as'Uxed along the center
line of said main track from Mile Post RE-882J said lines of pipe hereinafter
referred to as "pipe" and bttlng shown in red on the print attached hereto and made
e part hereof, Licensor's rights of way being as indicated on said print.
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And Licensee hereby covenants and agrees in consideration thereof:
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1. Licensee shall ~UMtmaintain said pipe at its expense in a manner satisfactory to the Division Engi-
neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe
shall require repair or renewal, Licensee shall make such repair or renewal at .its expense; and upon the failure of
Licensee so to do, the ,said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of
Licensee to make repair or renewal after s,uch notice, Licensor may make all necessary repair or renewal at the
cost of Licensee, which cost Licensee hereby agrees to pay on demand.
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2. Licensee shall install and maintain, above ground and in a manner and at such locations as may 'be desig-
nated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership
of said pipe. Licensee will, at its expense, at any time, upon thirty aays' written notice given by Licensor, change
and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in
its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for the
construction of tracks, buildings or other structures.
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J &B-41229
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Form 3530
Rev. Jan. 1962-Sheet 2
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3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and the contents thereof
from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harm-
less the Licensor, its successors and assigns, from and against all los,s, cost, expense, including attorneys' fees,
claims, suits and judgments whatsoever in connection with injury to or death of any person or persons or los,s of or
damage to property caused by or in any way connected with the installation, maintenance, use or presence of said
pipe and appurtenances on said premises, howsoever caused.
4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense which
may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or
by other means while said pipe is being placed thereunder, or during any repair or renewal of said pipe.
~. The portion of said a-inch line of pipe under said track and roadbed thereof
shall be maintained in a l~l~h cast iron encasement pipe at a minimum depth of
6.4 feet belw.~,. 0.. of ~ ..:aaW; traGk. QE,;'u.t., ,l4MsthM'12lndles below
.tile bottom of Licensor t s roadbed di tc~e~ ~ ~icb.ver depth may be the lower _
measurements being to the wp of said ",~it. The portion of said 12 inch
line of pipe under said track and roadbed thereof shall be maintained at a minimum
depth of 3.4 feetbelo. uu, baaeofraU of said t.rack - -asur_nts being to the
top of said pipe.
Notel The words, "install and" Inthe Witnesseth Clause and in Article 1 were
stricken out and Article 5,was added hereto prior to the.xecution hereof.
It is understood and agreed that this agreement shall n
nance orresolutf6tt'Of't1'i~''''''''~! ~ . , , .. 'son 0 . e G1ty of Clearwetex'.flo;rida
, a certified copy of which resolution or ordinance is attached hereto and made part of this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above written.
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Witness,es for Licensor:
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RESOLUTION
No. 63 - 147
WHEREAS, the City of Clearwater ha. found it necea.ary to maintain
for the purpose of & eanitary .ewer and a .torm lewer, linea of pipe acro..
the rigbt of way and under track '7 of the Atlantic Coa.t Line Railroad
in Grand Central Avenue. Clearwater. Florida; and
WHER.EAS. the Railroad bas prepared an agreement to that effect
for formal execution by ita corporate officera, a. well a. the proper municipal
officer. of the City of Clearwater; and
WHEUAS. the Railroad ba. rtlquelted. a Re.olution be adopted by the
City, formally approving said agreement and authorizing the proper City
officiale to execute same;
NOY" THEREFORE, BE 11' RESOLVED BY THE CITY
COWMISSION OF THlL CITY 01' CLEARW A TEll. i'LOlUDA,
IN SESSION DULY AND REGULARLY ASSEMl3LED. AS
FOLLOWS:
That the Wayor. toaether with the oUler appropriate municipal officer.
of the City of Clearwater are hereby autltoria.. and empowered to execute a
certain agreement with the Atlantic Coa.t Line llailroad Company. bearing
date of November 29. 1963, in connection with the maintenAnce of a pipe
for Ule purpoee of ea.itary sewer &ncI. a .torm sewer acro., the ri,ht of way
and under track '7 of the Atlantic Coa.t Line Rdlroad in Grand. Central
Avenue, Cleanvater. Florida.
PASSED AND ADOPTED thia
16th
day of December. A. D. 196.3.
/./ Robert L. Weatherly
A ttf' et:
lvta YOI' - Commi.8ione r
/./ R. C. Whitehead
City Clerk
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I, R. G. Whitehead, duly appointed City Clerk of the City of
Clearwater, Florida, certify t he foregoing to be a true and correct copy
of ReaoluuOll No. 63-147
adopted by the City Commiaaion
on the 16th
day of
December
, A. D. 19 63
Witness my hand and the seal of the City of Clearwater, thia
17th day of
December
, A.D. 19 63
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J &B-41229
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Form 3530
Rev. Jan. 1962-Sheet 3
Extracts from minutes of meeting of the Ci ty Collllllission of the Ci ty ()f Clearwater, Florida
held on the day of , 19
RESOLUTION
Be it resolved by the Ci ty Collllllission of the Ci ty
of Clearwater, Florida in regular meeting assembled that the Mayor-Colllllissionel
of said Ci ty be, and he hereby is, authorized to enter into an agreement with the ATLANTIC
COAST LINE RAILROAD COMPANY, and to sign same on behalf of said C1 ty
, whereby said Railroad C-...ny grants unto said Cl ty the right or
license to maintain for the purpose of a sanitary sewer and a storm sewer, lines of
pipe across the right of way and under track #7 of said Railroad Compfny in Grand
Central Avenue, Clearwater, florida, as more particularly described in said agreement
which agreement is dated November 29, 1963, a copy of which agreement 1s filed with
this City Commission.
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I certify the above to be a true and correct copy.
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