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ACL0024-Water Pipe-Sanford AveFORM 392 Sanford, Florida. May 5, 19~8 File 13 - Mr. !~. N. Sayer City Manager, City of Sanfor8 Sanford, Florida, Dear Sir: I have been advised tlnt the City of Sanford installed a t~ee-quarter-inch ~ter pipe eighteen inches beneath base of our rails at a point 3,924 feet west of Mile Post l, on the S&E Branch. This location is approximately two blocks east of Sanford Avenue, on the S~E Branch. As you are aware, to allow this pipe line to remain, we must have re~ular aoolication for the cross- lng from the City of Sanford aud secure formal authority for same from our Management. After formal authority is received, the crossing will have to be constructed accord- ing to soecifications as set forth by ~zr Roadway Deoart- merit. If you desire this crossing to remain, pleese make formal application without delay. Yours very truly, Superintendent. Iff, W, M. Bl&ok, 9uperintendent &tlant~o Oo&et L~ne Ra~lFoad ~tnfo rd., l~or~da The O&t~ of e~nfor~ aoroee and underneath Avenue on for tFaok or the feet blookf of 6anfoFd TA~o water to furn~eh e~ruo~ed on ,n la neoeeea~ in or~e~ tt~t ~e be~n~ H. #. ~ayer ~1y Manager. Sanford, Florida. May 26, 1948 File 13 - 858 Mr. H. N. Ssyer, City Manager City of Sanford, Sanford, Florida. Dear Sir: Referring to your letter May 11, 1948 submitting application on behalf of the City of Ssnford for permission to install a three-quarter-inch water pipe line across and underneath the base of our track of the S&E Branch at a point 3,924 feet west of Mile Post 1: This application is approved subject to execution of our usmal form of agreement and with the understanding that the pipe line will be installed at standard depth beneath our track. It will be necessary for you to contact Roadmaster J. F. Lewis and make arrangements for proper installation of the crossing. Yours very truly, Superintendent. Sen~ord, F:l.m'~.da. hy 2~, 19~8 Mr. ~. ~. $~yer, Oity C~ty of S~nford, Senff~d, Florids. gnfem~l~ to yo~ letter ~y ll, 19~ · ub~dtti~ iI~ali~tio~ ~ ~ of the Ci~ of l,f~ line a~m a~ ~~ ~e ~me ~ ~ ~ok of ~e ~E amn~ at a ~i~ 3,9~ f~ ~ of Mile Pm 1~ Thia al~tieattc~ is aI~ ~ubJeet to exee~tio~ ef c~r ~ml fora of agreemeat aad with the ~adel~tandiag that the pipe liae will be t=atalled at ataadal~ de~th beaeeth o~r traek. It will be neeea~ary flor y~ to eeataet ~oadm~te~ J. F. Le~is a~! ~ake arra~gea~ata ~o~ poi:er i~tallati~ ~ff the er~iag. Superint~%. PART ONE--- Form 3530 THIS AGREEMENT, Made and entered into this--~-~- --day of-. ~---------. , 19 48 , by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation created and organized under and by virtue of the laws of the State of Virginia, hereinafter for con- venience styled the Railroad Company, the first party, and the _~-~- ~ .................................................. a municipal corporation under the ~ws of the State of ......................................... , the second party: WITNESSETH, That the Rai~oad Company, for and in consideration of the sum of One Dollar to it in hand paid by the second pa~y, the receipt whereof is hereby acknowledge, and the performance of the covenants hereinafter contained on the p~t of the second party, d~s hereby give and grant unto the second p~y the right and pri~lege to lay and mainta~, for the pu~ose of o~uc~g wa~r, a line of 3/4-~h pipe, ~os~ ~e ri~t of w~ ~ ~ea~ ~e track of the ~lr~ C~ at or ne~ S~f~d, at a po~ ~ ~ G~'s ~*~ & ~e~ Bra, sa~ po~t ~ 39~ feet west~r~ly, UA-~; ~e li~ of sai~ pipe ~ be ~ ~~ ~ ~o ~nd aoro~ said right of ~ at ~ght ~gles ~ sMA o~t~ l~e; ~ sh~ ~ r~ blue ~r~t att~ he.to ~ ~e a p~ hereof; ~ right of w~ berg 25 f~ ~de oa the ~er~ side ~ ~ feet ~ ~ ~s ~u~r~ side of And the second party hereby covenants and agrees with the Railroad Company in consider- ation thereof, as follows: (1) That the second party shall lay and maintain said pipe in a manner satisfactory to the Engineer Maintenance of Way of the 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 become in need of re- pairs, the second party shall repair same upon notice given by the said Engineer, and upon the failure of the second party to make such repairs the Railroad Company may make all necessary re- pairs, but at the cost of the second party, which said cost the second party hereby agrees and prom- ises to pay on demand. (2) That the second party shall assume entire responsibility for all damages caused in anY manner by the said pipe to the property or employees of the Railroad Company or to any other person or property; and that the second party shall protect and save harmless the Railroad Com- pany from any and all damages and losses caused in any manner from the said pipe, howsoever resulting. (3) That the second party will at any time, upon thirty days' written notice given by the Railroad Company, change and alter the location of said pipe to conform to any changes or improvements that may be made by the Railroad Company in its tracks or roadway at said loca- tion. It is expressly understood and agreed that no assessment shall be made against the Railroad 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. (4) That the second party will pay to the Railroad Company, on bills rendered by the Rail- road Company, the full amount of all cost and expense which may be incurred by the Railroad Company in protecting its track or tracks by driving piling or by other means while said pipe is being placed thereunder. It is understood and agreed that this co . . ~b,Y_~proper ordinance or resolution of th ntra~t,~sh_a/~l not be b,nding until it h~,, ~Ly, a Cm . e ............. ., has --.~ ratified erhfied Copy of which res-,]-,: '~r~'-'~l~Lt~ .... agreement, v,u~,on or ordinance is attached hereto .:.~ _'~-:'~.Of ~ ~eeond -,,u made part of this IN WITNESS WHEREOF, The Railroad Company has caused this a~reement to be signed in duplicate by its proper officer; and the Second party has caused the same ,to Mayor, attested by its Clerk, and approved and ratified b · y ~ts vt_t,.,lr O.__~L, mi - signed by its at a duly authorized and ca/led meeting of said body, and its corporate Seal affbred on the day and ........ = ...... k~---in ~e~sio~ year first above written. Witnesses for Railroad Company. ATLANTI ' co ....... ....... -- --'~ ............. -,___ Approved: APProve Engineer ~i~t-en%~c; - -;}- -~ ,f__/, ._ ...... al ~uperintendent Approve . . ent Approved to execution: ~d Des~i~ion Checked: -~---~n~nt as Approved as to Form. Real E~ate A~-~ DI~on Co~l Extracts from minutes he~d on the~ da- RESOLUTION B.e it resolved by the ..... .~:[t~r ¢ _.0~__ .~eion~,~ ............................... ~-~ __-- ........................... e, and he hereby is, author~ ment with the---_~_~00~ LI~ ' behalf of s~d____.[~_. ~-~ .............. RAmaOAU co~, ~ 39~ f~t westwa~, mea~ ~g ~e a~t~ line of ~e Br~oh ~om ~e post UA-~i; ~e 1~ of sa~ pipe ~ a~ right ~l~e with ~[id tenor l~e ~ ~.~ ~e ~'~lg, ~tch a~eom~t is dn~ ~y 25,