HomeMy WebLinkAboutFlorida East Coast RR AgreementD THIS ACRE ENT, Made between FLORIDA EAST 001r. RaWAY COITANY,
a corporation organised and existing under th a lame of t..e State of Plorida,
party of the first part, and the CITY OF SEBASTIAN, a municipal corporation,
organised and oxist$ng under the laws of the State of Florida, party of tho
second party
WITNESSETHs
That the party of the first part, for and in consideration of the
covenants and agreements herein contained to be performed and kept by the
party of the second part, does hereby give and grant unto the party of the
second part and its successors, the right and privilege to use for grade
crossing purposes only a strip of land twenty (20) feet in width north and
south and one hundred (100) feet in length east and west in the City of Se-
bastian, Florida, the center line of said strip being located three hundred
fifteen (315) feet southerly from said Railway Company's Mile Post #215.
All as indicated in yellow upon blue print of part of said Railway Company's
plan V-2-23 attached hereto and made a part hereof.
It is understood and agreed between the parties hereto as follower
(1)
That said crossing hereby created shall be used for crossing par -
poses only, and no pipe, wire, rail or other line or struoture shall be
placed in or on right of way or crossing w10iout the previous consent in writ-
ing of said Railway Compare
(2)
That the expense of opening and extending said crossing over the
right of wey of the party of the first part, including any expense to the Rail
way Company in changinps its tracks and switches, as also any expense for
grading, paving, sidewalks and maintenace, shall be born and paid for by sail
party of the second part= and that all of said work provided for and mentionec
in this paragraph shall be put in and maintained to the satisfaction of the
Migineer Maintenance of Way of the party of the first part.
G"'
(3)
That all coats of maintenance necessary or incidental to the 19-
cation of said easement and crossing upon the right-of-way of said party of
the first part, from right-of-way line to right-of-way line, shall be done by
or paid for by said party of the second parts
(4)
That said party of the first part may, at its option, at Emy
time hereafter put in, maintain and operate an additinnl track or tracks over
or across said easement and crossing, and all costs incident thereto exclusive
of rail and ties be borne by or paid for by said party of the second parts
(5)
If to comply with the requirements and orders of the lads of the
State of Florida, or governing body having power to promulgate or enforce
regulations, or any agreement of the Railway Company pertaining thereto, it
becomes necessary hereafter to modify or change the number, elevation, align-
ment, or otherwise modify the location of said Railway Company's tracks, works
or operation on its right-of-way, all cost and expenses that may be required
by such changes, modifications or additions by the presence of said easemeute
and crossings shall be paid for solely and entirely by said party of the sso-
and partg and the maintenance and operation of such easement and crossing en-
der such modified or changed condition will be borne solely and entirely by
the party of the second part*
(6)
That any protection maintained by the party of the ftrat part, as
may hereafter be required by the laws of the State of Florida or requirements
of any governing body having power to promulgate or enforce regulations, where
said above deeoribed eaaemeat crosses the tracks and ri.pnt-of-way of said par-
ty of the first part, whether by watchman, gate, bell or otherwise, shall bo
put in and maintained by said party of the first part and the cost of Install-
ation, construction and maintenance of such protection shall be borne and
paid for by said party of the eeooxld .part* In the event each protection pro-
vided and maintained by the party of the first part where said easement crose-
es its tracks and right-of-way is not in accordanco with the laws of the
State of Florida or regulations of any governmental authority now existing
or hereafter created, and said party of the first part shall change the manner
of protection to most the requirements of such ordinaue, laws or regulations
now existing, or as may hereafter be passed or prescribed, the cost o:: such
changes and the maintenance of protection under ouch changed conditions shall
be borne by the party of the second part.
(7 )
The party of the second part
shall not
take
any action that will pre•
vent or tend to prevent the operation
of trains
over
said crossing,
(a)
The provisions and stipulations of this Indenture and Agreement are
a part of the consideration of the granting of the above privileges and easo-
meats and in the event the said party of the second part shall fail to com-
ply with any of the covenants and conditions, then this license shall be
void and said described easement shall terminate with full right on the part
of the party of the first part to re-enter and re -possess the same, if said
party of the first part shall elect so to do.
(9)
This agreement may be terminated by the Railway Company upon giving
thirty days notice in writing to the party of the second part of its intemr
tion to terminate same.
It Is mutually understood and agreed that the existing crossing lo-
cated approximately three hundred eighiy-five (365) feet northerly from the
herein granted easement is to be abolished.
IN WIT1Q!,Zi WHMMF, the said party of the first part has caused this agree-
ment to be signed in its name by its Vioe-President and its corporate seal
to be affixed, attested by its Assistant Secretary, and the party of *,,e
second part has caused this agreement to be signed in its name by its Mayor
and its corporate seal to be affixed, attested by its Clerk, on the
day of A. D.
Signed, sealed and delivered by
Vioe-President in the presence
oft
Signed, sealed, attested and
delivered 1W Asst, Soosetary in
the presence oft
Signed, sealed and delivered by
Beys d the presence oft
to Mayor ' " L
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N s'I// ' --- — -- N.
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a,xoovtion A • "...
FLORIDA EAST COAST RAILWAY CCMPARY
By �.
Vice -President.<
Attests
Assistant Secretary
CITY OF SEBASTIAN, FLORIDA*
By ,'�L� 17,Jr-�ef� —
Mayor
Attest����L
ark
ItMOLUTIOIQ $ _
Upon motion duly made and seconded, the following resolution was u-
nanimously adopted#
ida{
BE IT RESOLM, by the City Council of the City of Sebastian, Flor-
1. That the City of Sebastian, Florida, a municipal corporation
of the State of Florida, does hereby contract and agree to enter into agree-
ment with the $lorida East Coast RailweJ Company, a oorporat ion, wherein and
whereby, said City of Sebastian is granted the right and privilege to use on-
ly that part and portion of the right of wqj of said Railway Company at a
point three hundred fifteen (315) feet southerly from said Railway Company's .
mile post #216, and according to the further description and under the terms
and conditions each and every as contained in copy of proposed contract at-
tached herbto and made a part hereof.
2• - That the Mayor with the attestation of the City Clete, be and
herstZ are directed to execute said contract for and on behalf of said City
of e, Florida*
3• That this resolution shall take effect irmnediately upon its
passage.
STATE OF FWRIDA
COUNPY OF 12 IE
CITY OF SEB93T
dL� CL AW'fICi7Clerk of the City of Sebastian, Florida,;
a ioipal corpoiat n of the State of Florida, do hereby certify that the
going is a true and correct copy of resolution unanimously adopted at a
L. 'meeting of the u City Concil of the City of Sebastian, Florida,
d on the 7 6 day of 6 V'c--k-
aA. D. 1925, and as said resolution sp-
are in Minute Bookdd
/ at 06 6pJof the minutes of the City Cotlaoil of
the City of Sebaotian, Florida, in my official custody.
IN WITRESS VHMEOF, I have hereunto set ray hand ni official seal
of the City of Sebastian, Florida, this f day of p(OJ A. D. 1925.
Aty Clerk -
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