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ACL0018-Construction of Electric Pole Line between Harrison St & Lake JennyoJ�sou*H cago �jj 1T AA TIC y I�WT � O bWVBtl1d'dO� FORM 392 Samford, Florida, March 13, 19400 File 51-12 City of Sanford, Sanford, Florida. Gentlemens - Referring to contract dated August 10, 1937, between Alantic Coast Line Railroad Company and City of Sanford for construction of electric pole line on Railroad right of way between Harrison, (16th) Street and Lake Jenny, the 13th paragraph of which given the Railroad right to place and maintain on the said electric power line poles tele- phone line of the Railroads This is to advise that the Railroad wishes to place a single wire grounded telephone circuit on the City's poles at an early date. Please, therefore, acknowledge receipt of this notice and advise if satia- faCtory to begin this work promptly. Yours very truly / , _�V i Superintendent March 13, 191W. Mr. G. E. Rollins, 5upf;rinte nd pnt Atlantic Coast pine Company Bt,Enford, Florida Dear Sir: We are in r eoe ! Tat of your letter of March 13 advl sing tiv t the: Atlantic Coarct Line Rai' -road Company denies to plaoe a single svire grounded telenhone c;iresult on the City's Boles, which area cons`rnxcVc l on Rai` road right of way betwoen Harrison Street and Lake Jenny, ,finder the pro- visions of parairra.ph 13 of the cont-r-ot dated August 10, 1937, between Atlantic Coast Line Hailro<..d Company an(City of Sanford for oon- struoti on of this electric pole line on said right of 17ay. It will be. satif3f _o Un•ry to thn t,°ity of Sanford for tl-io Railroad to begin oonstrucV can work L er:.,redifitely in p1hoing tilts telephone oirooit on the City 0 s poles, in ac<sordance3 witii te3rm8 of the aforesaid oont* act. `.tour- very triay Ii. N. Sayer City G ork Jap;50UTHCgR��i QQ�c �9 i 1 AkIdTIe o� z �C�T I� y���'bWVAtl�dOao FORM 992 Sanford, Florida, Nov. 21, 19 37-gh Pile 3-674 Mr . F. S. Lamson, City Clerk, Sanford, Florida. Dear Sirs -- Herewith for your file the duplicate -original of contract dated August 103, 1937, with the Uity of Sanford, covering right to install an electric power line on a strip of land owned by the Railroad and leading to Lake Jennie, re- serving to us the right to place and maintain telephone wires on the power line poles. • Kindly acknowledge receipt. Very truly yours, Pupnerin�tenldent. A This Y►graazuont, made and entered into this 10th day of August.1937, by and bd- tween, the Atlantic Coast Line Railroad Comj)any, a corporation of the St -ate of Virginia, party of the first part, hereinafter call*& the Railroad Company, and the City of Sanford,, a municipal corporation under the lavm of the St.a_te of Florida,, pa.-ty of the second partp hereinafter called the Licensees 'A -WITNESSET11- IMmus the Licensee is desirous of constructing and maintaining an electric power line consisting of poles and conductors on and along a strip of land owned by the Railroad Company at and near Sangord, Florida, leading to Lake Jennie and also on azdaccoss the Railroad Company's land at Lake Jennie; sFUd electric power line to be at a location described as follows, to wits Beginning at the northerly and of t'le stri., of land 10 feet -.Ade conveyed by deed dated January 1991916, from M*M.Smith to the Atlantic Coast Line Railroad Company (recorded in Dead Book 7, Page 304, of the 'Public Records of Seminole County.Florida), where tine south line of Harrison ( or 16th) Straot int._:rsects the easterly boundary line of the right of way of the Railroad Company's Sanford -Orlando main line track running thenod southeastwoxdly on and along said 10 ft. strip of land 1350 foot, more or less, to the center line of Hughey ( or 20th) Street at the northeast corner of the southeast quartar of Section 35, Townshi% 19, Range 30; thence southwardly contLnuing on and along said 10 ft* strip of land$, parallel with the eLast line of saidlo Section 35, a distance of 2640 feet, more or less, to the north line of 25th 6treet; thence southeastwardly 62 feet to the south line of said 25th Street at its intersection with the strip of lwid 15 feet wide conveyed by deed dated January 11, 1916 from David Ke Shearer to the Atl.-m-bic Coast Line Railroad Company recorddd in Deed Book L Page 317, and dead dated January 1991916 from M.M* Smith to said Railroad Con4)any recorded in Do Book 1, Paige 278, of said Public Recordej thence continuing southvatrdly on and along said 15 fte strip of land* parallel with the east line of Section 2,, To�mship 20, Range A, a distance of 1914 feetpmore or less, to the north side of the tract of land of the Railroad Company at Lake Jennie; thence continuing southwardly on said tract of land 770 feet thened southwestwardly, southwz;Lrdly and southeastwardly around the wes""arly side of Lake Jennie,, a diutance- of 2230 foot, __oro or le so, to a point 81-0proximtely 350 feet west of the east line of said Section 2; thence south- wardlyg, parallel' -with the east line of said Section 2,, 6.50 feQtt raore or less, to the southernmost line of said Railroad Compozy's Lake Jennie tract of land, which boundary line is parallel with and 660 feet north of tune south line o:? said Section 2; the approximate location of &-tid electric power line being shown in red on the blue print hereto attached and made a part hereof; the total length of said electric power line on land of the Railro.d Company being 9616 feet, ;tore or less, Now Therefore, in consideration of the sun of Una Dollar to it in hand paid by Licensor,, rooei-.)t of which is hereby acknowledged, the Railroad Company hereby gives to the Licensee permission and license to construct and maintain said electric power line on land of said Railrotd GoiVany at the location above designated, upon the follovrinG terms and conditionss vis (- (1) The work hora3m contemplated OrAll be done by the Licensee at Its sole coat and expense and in a =---unser satisfactory to the Znglneor MUntenrtnce of vv'tty of the Railroad ComIjanyo or the Railroad Company, If it so elects may perform said work and the bills covering the cost of same shall be paid by the Licensee not later than fifteen (15) days after presentation. (2) That said electric pm-ior line shall be so located and constructed on said land as not to interfere in any way with the Railroad Coiap=yfs water supply pipe , tale_hone line or cmy other structures as now located on said lamdo (3) The UOMSOO W'11, on written request of the Railroad Company, at any time, and from time to time, promptly repair said electric pw er line in such mrtnner as shall be designated by the Railrwad Gonpanyp and if said Licensee fails to comply with auuh request, the Railroad Company may make such repairs , may be the cont aT MTell TTM "052060 agreal-Ta pay as P71117F.?Md"; Tr"M Railroad Comp-ny _a�,Y,, .at its option, take down and wholly remove said electric pamer line from said Railroad Company's property* bIll ""TPA Real If, -2- (4) Should the provisions herein named cause any change or alteration in the leation or arrangement of the -wires or polse of the Railroad Company or ;f The Western Union Telegraph Company on the Railm-td Cor4yany's praporty or right of WWs the cost of such alteration or rearrangeritent shall be paid by 'tile said Licensee* (5) The Licensee will cooperate v&th the Railroad Company and vdth The "destern Union Talegra,:h Gomj)anys and willt ab its own expense make such changes in its line a a may be found necessary to eliminate any interference that mays at any tim develop with respect t -v the operation of the Railroad Oompanyto teiegraphVt a ephon 1 e power line or signs-tl circuits or apparatus or with the circuits or apparatus of The ,{astern Union Telegra,)fl Company on the Railroad Company's property, by reason of the P1,0ximity OX the Baia line of the Licensee. (6) That Licensee sball assume entire responsibility for all damages caused in any-xftmer by the said dlectric power line or by reason of the exercise of any of the privi}eges conferred On the Licensee by this agreements to the proporty or employees of the Railroad Cozpanyj or to any otbar persons or property, and that the Licensee shall protect and save h,:nvless the Railroad GompaAYs its successors and assigns, from any and all damages and losses caused in any manner from the said electric power lines howsoever res4tingo (7) That the Licensee shall and will indemnify and save harmless the Railroad ,,IompMy9 its successors and assigns, against any and all claims demandst suits$, judgments and gum of money accruing to the Licensee or to any other person or pdroone against the RRilrO.<Ad COMPanYs for the loss of or danx4p to the said electric power lines whether the same is the result of fire caused by the negligent emission of sparks from -the locomotive engines of the Railro,.-Ld COWany or ot herwi out howsor ver resulting - (8) In the event proper use of the Railroad Company's property by the Railroad Compmy shall hereafto�r rijake necessary any change of loa,-Aion of any pole or support lo: ated on or awy conductor crossing such propertyl, the Licensee agrees that it will, within twenty days after notice in writing to said Licens*P� make such change in the 1w. ation as may be necessary, in the opinion of the Enginedr MAntenance of Vay of said Railroad Companyp to permit the proper use of ift property as aforesaid, such change to be =aide without expense to the Railroad Company* (9)That Licensee will within sixty days after receipt from the Railroad Co%cany of written notice aL, to do, reiaove said electric power line from the premises of the Railroad Company, and restore said premises to a condition satisfactory to the said Lrgineer Maintenance Of 'daY and that in the event of the failure of Licensee so to do, the Railroad Cox -many way remove said electric power line and restore said promises at the cost and expened of Licensee, which said cost und expense Licensees hereby promises to pay to the Railroad Company on demand. (10) That said electric power line shall be used for the sole purpose: of conveying -.01ectric current at a potential not to exceed 2300 volts for light and power Purposes. r (11) This license shall not be assigned by said Licensee witi'lout the written itten cow out of the Railroad Company having been first obtained (12) The proper and complete perfor.-mince of each and every of the covenants of the Licensee herein contained shall be deemed of the essence of this contract, and in the event t1lat the Licenode shall fail or refuse to fully and completely perform any or all of its said covenants for thirty days after notice requiring it so to do, made by the Railroad Gorq.),,zyv as to any or ev ry of said covenants* then the Ra-ilroLd Compaq shall bELva the option of terminating this agreements and maYs if it so desires, cancel this license and revoke the privileges and powers hereby conferred upon the Licensee* 2.3)It is expressly understood and agreed thats. in QanadAeratie& ej tjj9 privi" 9,00 hereby granted 'Antf-, takz, Licanseet +.41e Railroad Cowpany sh-i1 have the r.164t to ;placc and maintain on the BeAd electric poser line poles of Licensee the wires of the said telephone line of the Railroad Company between Harrison ( or 16th) Street and the Railroad Companyls Lake Jennie pumping Plant. w4w (14) The said TAaqtamp_ P__ -t'aw Z;LG.PMVO J20A-.O3= 9--L-V'O= It is understood and agreed t.ul:t tiLis agreement, shall not be binding until ii has been ra-*ified by proper ordinnace or resolution of the City CoMASsioners of the said City, a certified co,,y of YfUch resolution or ordintince is attached herato as a pwot hereof* a In 4'itness -..;hereof, the partles hereto have executed those presents, in duplicate the day and yeas- first above written. Witnesses for Licensors 12 Witnesses for Licensees Approved: ' /iii "" yf/c`�_ `'ice -L__ Engineer Maintenance of 'May. Approved: Superintendente Approved neral _Su�perrintendezte roved .,,,,proved and Description Checked: Real Estate Agmto A.p9eAv,od az to forst Division 0 Ounsel* App*ved,as to executions , ATIAIMO COAST LIM RAILROAD C _ Bys_ Asst. Vice -Fres -i" len"-MjM City of ord,]Plorid,-.,, Bys Wyor-Counissioner. Attests Clerk. APPRove:0, �11� i WI CITY L1MIT$ K neCeSze 35 I 'o' _Y r � 1 � 4 ' .Z Iron Men„�,z 1t T 2- 40 s : , I F�„tee l y } es ask � � ri. M . Sr•.,tt, 0 .M de 3p 9 w 60.0 •a' s� xs A M l l er ,, -Qt,,.Z. s. zo B F rt`h4. A' �SAy �4 N etiat�-¢s M j e,�10y i �.. 3! � 49��A ota . weP H L� ,•64b °� .oQ � ^t,97 H ��•t+�'a n f . Plo¢oJer- / Sw R 0c►A +Slack "-m. r.—at-j” llliz 0�. o catla*� p,-oPose.d S•ra ey F= -C- rz v o'Fflce E-e,9,neev Rocxd�vcty Jo�ckr.c w 0 1 S -1M-9-36 PART THREE—Form 3530 Extracts from minutes of ------- etii_Xe ©f City_ Connissidsers ___ ______held on the - --------------- 24th- - -day of Auttet--------------------19-----3T RESOLUTION Be it resolved by the- --Mt,' Ps3mmi.aa�ozieral------------------------------------------of the ------- Bilig journ C, of os'd91lorloA _4 ------------------ _ m4et_49--------------------------assembled, that the -------- jFAy r_-(30WRigsiam------------------------------ be, and he hereby is, authorized to enter into an agree- ment with the ------- Attl=tio__Qo_.st__Lja®---------------- _RAILROAD COMPANY, and to sign same on behalf of said ---------- ty-_______-___--___-_______________________________________ whereby the said Railroad Company given to the said City permlaBlon and license to oonstruct and maintain an electric pourer line, consisting of poles and wires on acid along; a strip of land of the said Railroad Company at and near Sanford,Florida leading to Lake Jennie and also across the said Railroad Company's tract of land at Lake Jennie, the location of which electric power line is partica3ar;Ly described in said agreement, which agreement is dated mgust 10th,1937, tha total length of said electric poorer line on land of the Railroad Co::lpany being 9616 feet, porn or less. I certify the above to be a true and correct copy. (SEAL) ------------------------ -- Clerk