HomeMy WebLinkAboutACL0025 French & 13th St - U/G electric lines for traffic signalTHIS AGREEMENT, made this 24th day of .Ttu1e___.-_--1949 , between#.Yle_ATLAXTKG C04--jr
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Railroad Company, hereinafter for convenience called the Licensor, and–thp__S.T ET --7R SA�ORD.
SL_WMA, rlaal a orsti.c3n -t?ia ni x -- --- I
hereinafter for convenience called the Licensee;
WITNESSETH
That in consideration of the sum of One Dollar ($1,00) by each of the parties to the other paid, they have mutually agreed
as follows:
1. The Licensor hereby grants to Licensee the right to construct and maintain_tihrB- _tMderg 1133 i a - t"iG0
peswsw e3rla a pe f'or the ople-net.inn *ftU*Xfin 11&t v{ 1e together
hereinafter for convenience called the wire line, across the right of way and u -n- r _—.--the tracks of the
Licensor (but not along the right of way or parallel with the tracks) at or near RPr%foTr3 Florida,
on said Railroad C ompany i s Lake Charin Branch:
(a) At a point 1516 feet ooutheastwardly, measured along the center line of Licensor's
main_ track, -from mile post U-769;
(b).i' i Point 15,19 feat ;;autheaStwarlly, mems?lred a1onp, said center line, from said
mile post;
(C) At a point 260 feet northwestwardly, meaasurod along the center lino of TACensorts
Sanford State Farmers Market sn r track frO-,a Its point of Switch: All as shown in red
on the blue print attached hereto and made a part hereof; Said right of wady being as
shown on said blue print.
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Real,,.. ,, ... vilznin..
U2. Licensee agrees that (a) telephone wires over or under tracks shall be constructed of material and in the manner speci-
fied in Order 1367 of the Railroad Commissioners of the State of Florida, dated November 12, 1942, and any amendments there-
of heretofore or hereafter made; (b) electric power wires over tracks shall be constructed of material and in the manner
specified in Part Two of Order 799, of the said Railroad Commissioners, dated May 7, 1924, and any amendments thereof here-
tofore or hereafter made; (c) electric power wires under tracks shall be constructed and maintained of material and in a
manner satisfactory to and under the supervision of the Engineer Maintenance of Way of Licensor, it being understood that all
work shall be at the entire cost and expense of the Licensee.
3.Licensee will indemnify and save harmless the Licensor, its successors and assigns, from any loss, cost or expense what-
soever in connection with injuries to persons or property, including property of the Licensor, due to negligence of Licensee in the
construction or maintenance of the said wire line.
4. Licensee agrees that if by reason of the changes which the Licensor desires to make in its tracks, right of way or pro-
perty; it becomes necessary to change the location of all or any part of the said wire line such changes as are necessary shall be
made by Licensee promptly at the request of the Licensor and at the sole cost and expense of Licensee.
6. In the event Licensee shall make default in the performance of any of the covenants in this agreement contained, to be
by Licensee kept and performed, and such default shall continue for ten days after written notice thereof shall have been given
by the Licensor to the Licensee, then at the option of the Licensor the license hereby granted may be by the Licensor declared
forfeited and thereupon all rights of the Licensee shall cease and Licensee will at its own cost remove said wire line from the
property of the Licensor. In the event of the failure of Licensee so to do, the said wire line may be removed by the Licensor and
the Licensee will promptly reimburse the Licensor for the cost of so doing.
6. This license shall not be assigned by Licensee without the written consent of the Licensor.
7. The Licensee further agrees that in the event its line outside the limits of the crossing provided for herein shall
parallel at any point the telegraph and telephone lines of the Licensor or of The Western Union Telegraph Company located on
the Licensor's right of way, the Licensee will at its own cost and expense make such changes in its line as may be found necessary
to mitigate or prevent inductive interference with the telegraph and telephone circuits of the Licensor and of The Western
Union Telegraph Company.
8. That the portion of each wire line underneath the said tracks and roadbed thereof
shall be encased by and at the expense of Licensee in a 11—incsh galvanized iron pipe con—
duit, placed at a minimum depth of 48 inches below the base of rail of said tracks.
It is understood and agreed that this contract shall not be binding until it has been
ratified by proper resolution of the City Commissioners of the Licensee, a certified copy
of whieslt resolution, is attached hereto and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed in duplicate the day and year first above
written.
Engineer Maintenance of way.
Appro
_��^�_—__KAILROAD COMPANY
--Pr sident and ;;s>nera2 Mans
CITY SAX"RD
ommis oner
Attesat; - --Clerk
Approved and Descripti ecked:
Real Estate Agent.
Approved as to Form:
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PART THREE—Form 3530
xtracts from minutes of__ 1 e ink of City Commiassioners of'_the__Cit�r--°f--�QJIp��d��
eld on the___,Y 7__) ----day of ----------------------4 .
RESOLUTION
Be it resolved by the -------------Cid _ Corr►mis ogle ' i. ------- ---- ------------------- --------..----of the ----- q#7_
E in --.-.---------__lar. _m.". --------------- ---- ------- assembled, that the
q _O_ i82iQ=Z_______________________________be, and he hereby is, authorized to enter into an agree -
lent with the ----- RAILROAD COMPANY, and to sign same on
eha.lf of said - ------QJ ---------- _------------- .____-__-_-__----___ _ ....._----,whereby the said l allroad
company gives and grants to said City of Senford, Florida, the right and privilege
,o lay and maintain three underground electric pager wire lines for the operation
of traffic light signals across the right of way and wader the tracks of the Atlantic
_,oast Line ilailroad Company at Sanford. Florida. on the Railroad Company's Lake Charm
Branch:
(a) At a point 1516 feet southeastwardly, measured along the center line of Licen.
eons main track$, from mile post U-769;
(b) At a paint 1589 feet southeastwardly, measured along said, canter line, from
said mile post;
(c) At a point 260 feet northwestwardly, measured along the center line of Licensor's
Sanford State Farmers Market spur track from its paint of switch; as rartioul.arly
described in said agreement, which agreement is dated dune 14, 1949»
i'_'_ W-0
I certify the above to be a e and correct copy.
-------------------- - --- - ----- --------------------------
Clerk.