HomeMy WebLinkAboutACL0017-Oak Ave between 1st & 2nd StreetsJ�;SWTHGo_
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FORM $92
Sanford, Florida, Jan. 26, 1936-gh
File 30-4
tar. F. S. iem3o n, City Clerk,
City of Sanford,
Banfo rd, Florida.
Dear Sir: --
I wn enclosing for your file duplicate -
original of agreement dated October 1, 1936, covering use
of portion of our right of Tray, between First and second
Streets, for widening Oak Avenue.
Kindly acknowledge receipt.
Very truly yours,
S perintendent.
✓'7ei3,a Agreamentt made and entered into this lat day of Oetober,1936 by and between
the Atlantic Coast Line Railroad Comp ary, a corporAlon organ:12ad and 6jC1 IA4 UNdOr
and by virtue of the lass of the Stat:; of Virginia, the first party* and t_fie City of
Sanford, a municipal corporation under tree lags of the State of Florida, acting by and
through its City Commissions the second party s
- '.7 1 T N E S S E T H -
That the first party for and in consiaaeration of the sum of One Dollar to it in
hand paid by the second party, the receipt of which sum is hereby acknowledged¢ h,:rOby
leases and grants to the second ,)arty for street aurposess subject to the conditions
hereinafter set out, an easement and right of user in and 1.10 tAa.-: certain s trip or
parcel of land, property of the Ruil:ro::A' Goq)any, lying and being in the City of Sanford,
Seminole County,rlorida, said strip or parcel of land being described as follows, to
wit a
Beginning at the point of inters.;ction of the south line of First Jtrait and the
eastQrly boundary line of the right of way of the Atlantic Coast Line Railroad Company's
main track known as Via Old South Florida Railroads said right of fray boundazy line
being parallel with and 20 fest eastwrardlys measured radially, from the center line of
said main track; thence southwardly along said right of way boundary line 145 feet*
more or lea::, to a Joint 16 feet eastvardly, measured at right angles, from the west
line of Oak 1►venuc;, if extended; thence northwardlys parallel with the west line of
Oak Avenue ( if extended) 60 feet;, more or less_, to the contei° line bet,, -:CC -'I s'dcc i,arain
track and the sib etrack on the easterly side th ereof ; thence northsardly along the
center line bet�reen said two tracks, W feat, more or less, to the South line of
First Street, if extended; thence sastwardly along; acid First btreet line ( if extended)
13.5 feet, ,iore or leas, to the point of beginning; as shoran in red on the blue print
hereto attached anti made a part hereof*
And the second party co%runauts and agrees as follows, to wits
Firsts That the second party shall pay all costs and expanses of every kind and
character incident to the construction, maintenance, paving and draining of said atria
of land.
Seconds Thut if at spay time h�.?reaft�:r t:ie second party should abandon the use
of said strip of land or arty part thereof, then all rights of the second ,jarty in the
portion of said strip of land so abandoned shall immediately cease end determine and
revert abaolutaly and #rithout encumbrances or restriction to the first party.
Third: Thkit if at any time ha reaftt:r the first party should require or need for
railroad purpose: t.ie land bo reby leased, or any portion theraof s then to the extent
but only to the extant necessary to pormzt such use by the fix -at party, the easement
or right of us,.r hereby granted in and to the same, or the ;)ortion thereof we required
and needed, shall cease and determine and all rights of the second party and of the
public herein shall be at an end, and the same shall cease to be used for street purposase
Fourth t That the first party shall have t :s unluadtionted right to lay and construct
railroad trarks across raid harein leavad lana: atsuch poiat.s as it may do:aires and to
operate trains th. molt, and in such event the sac and ?arty shall pay all c a..t s and
exponsat, including liibor and mriterial, of in,talling an"i irrtint4ning saita le and
oroper crossings over such tracks*
Fifths That only an *assment or right of us -,r is haroby grunted in said lana for
strut ;aurpos: s, and it 3e expressly unddrstood and agreed that the title to said land
Shull alwayo remain in the first :tarty, subject to the terms and conditions of this
instrument; and that no u - ,a of the same by the ascend darty or the puuiic di all pit any
ti m3 bfoneidered as a grant or dedication of said land, or any part thereof as a public
-thoroughfare; and the second party specifically .�.grees and covenants that it will fully
protect :And Wave harmless: the first party against any and all claims or un. dertdcings
upon the part of any citizen of said City or mW other person or corporation ut arty
time in the future Lo claim or establish said lard or any part tbaroof as a :public
road, thoroughfare, highway or stre..t or a..; a private way with any vested rights therein•
Sixths That the second raarty will indemnify and save h irmless the first party, its
succe`ssois and assigns, from and against any and all loss and expense on account of
damage to parson or property arising and growing out of the occupatton and use of said
lata: or any part thereof by the second party or by the publics una for vhich any claim
of damn AS6 tray be maria againat the f irst Purty.
✓ A
� 2Y
SeventhsTb:at if the second party should fail or refuse, after being re,; asted
by the first party so to dos to obserire$ keep acid perform its obligations;t aagr8ariacnta�
t out s then it shall be option Al -frith. the first party=
and undertakissgs as hirtaixt so
either to seek' by appropriate legal proceedings to enforce specific parform¢ance b' the
soeond party., or ti.) terminate t1lis lease and all rights in and to vAd land heraby
given and grantee; to the second party by giving to the second party thirty day9f
written notice of its int east i Crn so to do,, The second party shall always be and remain
liable to the first party for any and all damages or injury which it may snuffer or
sustain by ra violation of this co>ttr;:,c rnr arty of its Corms
iyhth i It is expressly agreed that the first party shall not at any tino
or in any manner be charged with the cost or any part of the cost of the constructio=n
and mainta a.sace of any paving= curbing or sidewalks or other municipal improvements
constructed nov or :at any time in the Di -tura on or adjacent t-} ssaaia leased strip of land#
Nis That the ss ocond party vills at its entire coat and expense and in a
manner sarti-i:lactory to the Engineer Maintenance of Way of -Uie first paartyp construct
and maintain a. concrete curb on the side of said strip of lana bot�;een said two tracks
( that iss on tha t iird described coursed amd will place anti maintain "No Parking"
signs on the we�;t side of Oak Avenue between; First 1tre3t ami Second Street•
Tenth a That the second party will enact and enforce an Ordinaam a which will
prohibit the parking of vehiclas on the was#, sid. of Oak Avenue raetween said First
and Second Stxeatss.
In '.fitness %haraof a the first perty has caul d these presant � to be executed
in its corporate name and behalf by its officers duly autaorizad its its behalf s and the
second ;)arty has likevi.so caused these presents to be executed in its corporate name
and behalf by its :mayor-Gornuis�siomr and the sass to be atter;t ad under its corporate
soil by its Clerk under and by virtue of a resolution passed and adopted at a meeting
of Braid City CowiisssioX on the day, of ®c-fe., A.D.1934, a certified copy
of Which resolution is hereto attache and nd mfie a Vart horsofg these presents being
executed in duplicte.
Witnesses for Fir at Partys ATLANTIC COAST LINE RAILRarU CO 'AM
-� �ss�"�i1'ice- rest eri'i;
Attests -
----
Assistant Secretary•
witnesses fort as* ond Party s
CITY OF - B OX17 , Fi�t?hID *
BYs ,,...
Mayor -Commis i4na
Attest !
Aatsit k3M* Cler
.-
Approvs
agine►er intenawe
Approved $
A.ppr
Sup Tri -at end3ut • t l a �� ^
Approved and i)escription Checked:
Real Agentw'.-_
Approved as to fors% roved
as to all out
DOC
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BE IT WNEBY rtESOUM, BY T_jE CITY ColiMISSION of t%,e City of datiford, Florida, in ,-c�ourFrP'(
regular melting assembled,, that said City acting by and thru its Mayor-Coullisaioner
and Clerk shall execute an agreement dated October 13,1936, with the Atlantic Coast
Line Railroad Company covering the leaso from said Company for street purposes of
a cartain strip or p�-+rcel of land lying and being in the city of Sanford, in "rainole
County,Florida, and described as follows , to wits
Beginning at the point of intersection of the south lass o f First Street
and the eastai°ly boundary line of the rioit of way of the atlantic Coast Line Railroad
Companyls main track known as the Old South Florida Railroad, said right of way
boundary line being parallel with and 2U feet eastwardly, measured radially# from
the center line of said main track; thence southwurdly along said right of war
boundary line 145 feet, more or less, to a point 16 feat ea::twardly, measured at right
-males, from the vast line of Uak Avenue,(if extended); thence northwardly, parallel
with the ire: -t line of flak Avenue ( if extended), -60 feet, 7:iors or less, to the
con -or line between said main track acid the side track on the easterly side thereof;
thence northward y along the eentar line between said two tracks 80 feet, more or
less, to -the south line of First Street, if extended; thence a astwardly along add
First Street line ( if extended) 1395 feat, -lore or leas, to the point of beginning,
It is Further Resolved that all the terms and conditions limitationand
restrictions s at out and contained in said agreement are hereby approved.
Further Resolved that said agreemnt be executed in duplicate, as therein
stated in the name and on behalf of and be atteetad under the corporate sisal of the
City Commission of the pity of Sanford.
Farthar Resolved that this resolution be entered of record on the minutes
of this Body*
Y hareby cortify that the forogoivg is a true and correct copy of a
reealuticn passed and adopted by The City Commission of the City of Sanford,Florida,
at at,,.,regular mating on the 22 7 "7 day of
signature and the goal of t)a City of Sanford,Florida,
this277
d ay a f `I' ��
Clarke
J&B -16826-8-36
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FORM 3519 -B -FLA.
STATE OF----
North-Caralimy- t ----------------------------
COUNTY OF--�°r! ----------------------------------
Ihereby certify that on this ----------------------------day of--------------------------------------------------------------- A. D., 19 ---------
before me personally appeared----------------------- __ and-------- ---------------------------- ----------------------
respectively---and------------------------------------------------- Secretary of
-----------------------
►i oad--CA=fir-----______- a corporation under the laws of the State of
--------------- --
xjLgAAi_k------------------ to me known to be the persons described in and who executed
the foregoing instrument, and they severally acknowledged before me the execution thereof as such
officers, by virtue of due and proper corporate authority in them vested, and that the said instrument
is the act and deed of said corporation.
And the said--------------------------------------------------- -
Secretary
as aforesaid, also acknowledged before me that he affixed to said instrument the corporate seal of said
corporation, by like authority in him vested.
WITNESS, my signature and official seal, at ------------ WilaingbA4 ------------------------------- in the County of
Now Hanover and State of_______ �1gz"Fb �+ar4��►�------------------ the day and year last
----------------------------------------
aforesaid.
My commission expires
-------------------------
_ ---
Notary Public.
J&B -16826-8-36
J&B -16826-8-36
STATE OF --------
COUNTY - ----------
FORM 3519 -B -FLA.
FORM 3519 -B -FLA.
I hereby certify that on this___ .-----day of-.-.----( ______________ --A. D.,
before me personally appeared --- and -------
respectively___..y_*r__n_---------------------------and__.. ----------- -------- 5==tw y of
Q
%--
Gil"a -------------------------------------- .1 corporation under the laws of the State of
----------------------------- Ilari&4 ------------------------- to me known to be the persons described in and who executed
the foregoing instrument, and they severally acknowledged before me the execution thereof as such
officers, by virtue of due and proper corporate authority in them vested, and that the said instrument
is the act and deed of said corporation.
Andthe said_ -,'?-_A ---- 2_7� _Q,__ �_ ----- - ---------- -------------------- ----- ------------------------------------------------- 2=Z=t=3r
as aforesaid, also acknowledged before me that he affixed to sai strument the corporate seal of said
corporation, by like authority in him vested.
WITNESS, my signature and official seal, at -___ --..-------------------------in ---------------------------- in the County of
------------ and State of__..__.._ La, ------------ the day and year last
My commission expires
No" Public, SWe at Ron& at Lao
Ity-DinaniWon-Ei --- - ------------
?0_0
Notary Public.