HomeMy WebLinkAbout1984 Agreement - Closing Truman - Open Strattonalao
THIS AGREEMENT, to be effective from the `Q day of
_ fatn�rw cy-,
198/1, is between the FLORIDA EAST COAST
RAILWAY COMPANY Address: Post Office Drawer 1048, St.
Augustine, Florida 32084), a Florida corporation hereinafter
called "RAILWAY" and CITY OF SEBAS`T'IAN, a municipal
corporation of the State of Florida, (Address: P. O. Box
127, Sebastian, Florida 32958), hereinafter called "SECOND
PARTY"
1. The Parties will file joint application with the
Department of Transportation and make their best effort to
open the Stratton Avenue crossing near RAILWAY'S Mile Post
218 + 146' and to close the Truman Street crossing (sometimes
called First Street) near RAILWAY'S Mile Post 214 + 13901,
but they recognize that the ultimate decision rests with the
Florida Department of Transportation. The opening and
closing of these crossings must be accomplished in accordance
with this contract; therefore, the parties agree that such
opening and closing will not occur if for some reason any
portion of this contract is not enforceable. Further, the
parties agree that under no circumstances will Stratton
Avenue crossing be opened unless Truman Street crossing is
closed in accordance with the terms and conditions of this
Agreement.
I. OPENING OF THE STRATTON AVENUE CROSSING:
2. That the RAILWAY, for valuable consideration and
the covenants and agreements herein contained to be
performed and kept by the SECOND PARTY, does hereby give and
1
license unto the SECOND PARTY the right and privilege to
use, for public at -grade road crossing purposes only, that
part of the right -of -way and property of.the RAILWAY at the
location described in Appendix A attached hereto and made a
part hereof, and hereinafter referred to as the "Stratton
Avenue crossing site ".
3. The SECOND PARTY shall have and use the crossing
site as a licensee, but legal possession of the crossing
site shall remain with Railway.
4. In consideration of the granting of this Agreement
by the RAILWAY, the SECOND PARTY covenants and agrees with
the RAILWAY as follows:
A. That the crossing site shall be used for public
at -grade road crossing purposes only across the RAILWAY'S
right -of -way and tracks, and except as herein provided, no
pipe, wire, rail, or other line or structure shall be placed
in or on the crossing site without the previous consent in
writing of the RAILWAY. SECOND PARTY further agrees that the
crossing site will at all times be kept clear of any
vegetation or other growth greater than two feet in height on
each side of the tracks at the expense of SECOND PARTY and
without cost to RAILWAY or lien upon RAILWAY'S property.
B. The provisions and stipulations of this Agreement
are a part of the consideration of the licensing of the
crossing site, and in the event the said SECOND PARTY shall
fail to comply with any of the covenants and conditions,
then this Agreement shall be void and shall terminate with
N
full right on the part of the RAILWAY to re- enter, repos-
sess, and remove the crossing if it shall elect to do so.
C. The SECOND PARTY hereby grants unto the RAILWAY
necessary permits for the installation, construction,
erection, repair, and maintenance of any of the RAILWAY
owned or maintained facilities described in this Agreement.
D. Unless otherwise specified, the cost of installa-
tion, construction, maintenance and replacement of all
facilities at the crossing site, including but not limited
to the crossing structure and railroad and highway devices
whether performed by the SECOND PARTY or RAILWAY, shall be
the sole responsibility of the SECOND PARTY. The cost for
annual maintenance of the railroad devices is covered in
Paragraph G and shall be the sole responsibility of the
SECOND PARTY.
E. The RAILWAY shall construct, maintain and replace
the crossing structure across the rails and ties at the
crossing site at the sole cost of the SECOND PARTY. The
RAILWAY has the discretion to determine when the crossing
structure needs to be replaced or maintained and may replace
the crossing structure when necessary. It is anticipated
that the initial crossing structure will be a concrete
structure and the estimated cost of construction is set
forth in Appendix B. The SECOND PARTY shall, at its sole
cost and expense construct, maintain and replace the
remainder of Stratton Avenue located inside the RAILWAY'S
right -of -way, including any paving that may be necessary.
3
At any time that the SECOND PARTY shall come onto the
RAILWAY'S right -of -way to perform work, the RAILWAY shall be
notified in advance in accordance with-Paragraph 10 so that
RAILWAY can provide a flagman at the crossing site to
coordinate the work being performed by the SECOND PARTY and
train operations. The cost of flagging will be borne by the
SECOND PARTY.
F. The SECOND PARTY agrees, acknowledges and under-
stands that the RAILWAY reserves the right to make any
desired changes at any future time in its existing tracks or
other facilities, including the installation, maintenance
and operation of any additional track, or tracks or other
facilities on its right -of -way at the crossing site. The
SECOND PARTY agrees to bear the total expense of any
changes, or additions to the pavement, railroad devices,
other railroad signalization equipment, and crossing struc-
ture at the crossing site whether these changes or additions
are required by law or order of any public or judicial
authority, done voluntarily by the RAILWAY, or requested by
the SECOND PARTY.
G. The RAILWAY shall construct, maintain and replace
flashing lights, bells and gates (Class III, Type III),
referred to jointly as "railroad devices" at the crossing
site. The estimated cost of such railroad devices is set
forth in Appendix D. SECOND PARTY shall pay unto RAILWAY
the annual cost of maintenance of said automatic crossing
protection devices as provided in the Florida Department of
4
rj Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES as may be
amended (See Appendix C), annual maintenance currently being
$980.00. The aforementioned railroad devices are owned by
the RAILWAY, and shall remain at the crossing site until it
is agreed between the parties that the railroad devices are
no longer needed 'or other legal requirements are imposed
which shall eliminate or substantially change the operation
of the railroad devices.
H. The SECOND PARTY agrees that it will install, main-
tain and replace all necessary drainage facilities to pre-
vent the accumulation of surface water due to the existence
of the crossing site. Such facilities must first be ap-
proved by the RAILWAY and any other governing bodies having
jurisdiction thereof and operation of the facilities shall
also be subject at all times to their approval. An addi-
tional license agreement may or may not be required by the
RAILWAY, depending upon the type, size, depth and other
specifications of the proposed facilities, as submitted to
the RAILWAY.
I. Lighting facilities adequate to comply with the
requirements of the laws of the State of Florida covering
illumination of road crossings shall be installed,
maintained, and replaced at or near this crossing site by
the SECOND PARTY.
J. The SECOND PARTY further covenants to pay, either
directly or upon bills presented unto SECOND PARTY by the
5
RAILWAY within thirty (30) days after presentation of the
same, all bills for electricity for the lighting and illu-
mination of the crossing site.
K. The SECOND PARTY agrees to maintain a general lia-
bility master insurance policy having a combined limit of
$1,000,000.00 for personal injury, death and property
damage per occurrence, insuring the RAILWAY against claims
arising from accidents related to the use of the Stratton
Avenue crossing site. The RAILWAY has advised the SECOND
PARTY that it maintains a general liability master insur-
ance policy covering such incidents and the SECOND PARTY
may participate in that policy by reimbursing the RAILWAY
for its pro rata share of the premium or the SECOND PARTY
may provide a similar policy with the same limits with an
insurance carrier acceptable to' the RAILWAY, insuring the
same incidents. Such insurance shall remain in force and
effect during the entire period that the crossing site is
open pursuant to this Agreement.
�^ L. At the termination of this Agreement for any
cause, or upon termination of the SECOND PARTY'S use of the
crossing site as herein described, the SECOND PARTY shall
remove, at its entire cost and expense, said road and all
non - RAILWAY owned improvements placed upon the RAILWAY'S
right -of -way and restore the ground to its original con-
dition.
2
II. CLOSING OF TRUMAN STREET CROSSING:
5. The Parties agree that the Truman Street crossing
shall be closed and the crossing structure and railroad
devices shall be removed. Adequate warning devices and
barricades shall be placed to prevent motorists from
attempting to utilize the former crossing. All costs for
the removal of the crossing and the placement of warning
devices shall be borne by SECOND PARTY.
6. The SECOND PARTY agrees that it will not file an
application to reopen the crossing at Truman Street or any
proposed crossing within a mile of either side of Truman
Street, and if such application is filed by any other party,
it will not lend its support to such application. This
provision is null and void and of no legal significance
after the passage of 10 years from the date of the execution
of this agreement.
III. PROVISIONS APPLICABLE TO BOTH THE OPENING
OF ST TTON AVENUE AND THE CLOSING OF
TRUMAN STREET ROSSINVS:
7. SECOND PARTY shall indemnify and hold harmless the
RAILWAY for assessments or other charges of any kind
whatsoever against the RAILWAY at any time for any portion
of public improvements installed on or within two hundred
(200) feet of the crossing site or arising out of the
existence of the crossing site, and any assessment or other
charges against the RAILWAY resulting from or arising out of
the existence or elimination of the Truman Street crossing.
7
8. The SECOND PARTY shall not take any action that will
prevent or tend to restrict the operations of trains over
the crossing site.
9. The SECOND PARTY will include in any contract which
it may let for the whole or any part of said work to be
performed hereunder by or for the SECOND PARTY, each and
every of the terms and conditions of the two pages attached
hereto as Appendix E and made a part hereof entitled,
"INDEMNITY TO THE FLORIDA EAST COAST RAILWAY COMPANY AND
CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC
LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES
DURING SUCH INDEMNITIES" and "INSURANCE FOR BENEFIT OF
FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN
FULL FORCE AND EFFECT AT COST OF CONTRACTOR ".
10. SECOND PARTY shall give the RAILWAY one (1) week's
advance notice when the SECOND PARTY or its contractor or
anyone claiming under this Agreement proposes to enter upon
the crossing site to perform work under this Agreement in
order that proper warning may be provided for trains; except
that in emergency situations SECOND PARTY shall only be
required to give the RAILWAY such advance notice as is
practicable under the circumstances.
11. Installation, maintenance and replacement of any
and all railroad advance warning signs and pavement markings
on any road approaching the crossing site shall be the sole
responsibility of the SECOND PARTY, and at its sole expense.
N
12. The Parties understand that it is agreed that all
terms and conditions of this Agreement must be complied with
and if any provision or provisions of this Agreement shall
be held to be invalid, illegal or unenforceable, the
entire Agreement shall be null and void.
13. This Agreement will be governed by the laws of the
State of Florida. It constitutes the complete and exclusive
statement of the Agreement between the parties which super-
sedes all proposals, oral or written, and all other communi-
cations between the parties related to the subject matter of
this Agreement. Any future change or modification of this
Agreement must be in writing and signed by both parties.
14. It is understood by and between the respective
parties hereto that this Agreement cancels and supersedes
any Agreements between the RAILWAY and SECOND PARTY covering
Truman Street.
15. This Agreement may be terminated upon consent of
both of the parties or upon order of the Florida Department
of Transportation or its successor agency having competent
jurisdiction.
0
IN WITNESS WHEREOF, THE RAILWAY and the SECOND PARTY
have each caused this instrument to be executed in their
corporate names and respective seals to•be hereunto affixed
in duplicate the day first hereinafter written by their
undersigned officials thereunto lawfully authorized.
Signed, sealed and FLORIDA EAST COAST RAILWAY COMPANY,
delivered in the a Flo e• c oration
p�csence of:
Pr s
E3 (SEAL )
ATTEST:-
,�� —fie etary
WTFnesses as to DATE:
RAILWAY
CITY OF SEBASTIAN, a municipal
corporation of the State of Florida,
acting by and through its Board of
City Commissi ers.
BY: (SEAL)
TLE: ayor
Wf nes s as to
SECOND PARTY TITLE: City Clerk
DATE: July 24, 1984
.�
APPROVED _
10
41,71_7
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F E C Fm fit
Rey 6.77 m
FASUDIU86.6",
Stratton Road Railroad Crossing:
COMMENCING at the Southeast corner of Section 20,
Township 31 South, Range 39 East, Indian River
County, Florida, run thence S 89 degrees 31 minutes
06 seconds W, 19.26 feet to the West right -of -way
line of the FEC Railroad; thence run N 25 degrees
59 minutes 42 seconds W, along said right -of -way
line, 2048.62 feet to the POINT OF BEGINNING
(P.O.B.); thence continue N 25 degrees 59 minutes
42 seconds W, along said right -of -way line, 80.00
feet; thence run 11 64 degrees 00 minutes 18 seconds
E, 100.00 feet to the East right -of -way line of
said FEC Railroad; thence run S 25 degrees 59
minutes 42 seconds E, along said right -of -way line,
80.00 feet; thence run S 64 degrees 00 minutes 18
seconds W, 100.00 feet to the P.O.B. The above
described crossing area contains 8000 square-feet,
(0.1837 acres).
APPENDIX C
4TATE OF FLUNIDA 021•Af1T111F.NT OF Tn ANEYONTATION
YOIIM YAZAA DIVISION OF 170AD ONIFfAT1ONS
pAL7„ OF I RAILROAD GRADE CROSSING TRAIFFIC CONTROL. DEVICES
•. UIINTY
;a
?4 UTILITY JOD NO STATE i70A0 NO. COUNTY NA MC YARCEL M n/W JOD NU. Y A Y NO.
AC CNL'Y
Y. jC113 uFsS,�illl'Fit)N r'� I,OCA'FiON: ___
B. TYPE 01" ROADWAY FACILITY:__—_-- -
C. FD0'F /AAR XING NO-:
�._ IM NI1Ll', 110ST'HE:
D. TYPE SIGNALS . . . _. _ ___. CLASS __ _ INDEX:
( CLASS
1
II
1[1
IV
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL [!DEVICES
Alunial Maintenance Cost Exclusive of Installation
DESCRIPTION
Flushing Signals - One Truck
Flashing Signals - Ni till ipit.- Tracks
Flashing Signals and Gales - Om! Trark
Flashin; Signals and Gales - Multiple Tracks
"Effective February 3, 1971 -
AUT11011ITY: F1.Oltll)A ADNIINIS'1'RA'1'IVE 1tt1LE OI,>- r46.02
Responsibility for the Cost of Aulomalic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITY: 20.05, F.S.
SPECIFIC LAW IMPLEMENTED: 3311.21, F.S.
H
COST" -
$ 650.00
$ 860.00
E 980.(10
$1,230.00
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APPENDIX D
FILE: 550 (MP 218 +146')
ESTIMATED COST TO INSTALL FLASHING LIGHTS,
BELL AND GATES AT PROPOSED STRATTON AVENUE,
MP 218 +146', AND CLOSE TRUMAN ST.. MP 214 +1390'
Gate assemblies with foundations .. .....................$14,870.00
Factory wired relay case . ............................... 16,879.00
Relay case foundations ... ............................... 164.00
Battery box .............. ............................... 371.00
Battery .................. ............................... 5,000.00
Underground cable ........ ............................... 953.00
Power .................... ............................... 5,300.00
Freight and taxes ....................................... 4,354.00
Labor .................... ............................... 10,210.00
Composite additive for labor ............................ 4,817.00
Supervision .............. ............................... 2,640.00
Composite additive for supervision ...................... 1,457.00
Gang expenses ............................... I........... 4,760.00
Use of trucks ............ ............................... 900.00
Rental of trenching equipment ........................... 511.00
Contingencies ........... .................9............. 7,319.00
TOTAL
$80,505.00
Based on DOT schedule for maintenance Class III as proposed
would be $980.00 per year.
FLORIDA EAST COAST RAILWAY COMPANY
OFFICE OF SUPT. SIGNALS & COMMUNICATIONS
ST. AUGUSTINE, FLORIDA
JUNE 18, 1984
n A.
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I14MV. NO,1 DATE I MY I DKSClqjrTlom
REVISIONS
FLORIDA EAST COAST RAILWAY CO.
OFFICE OF CHIEF ENGINEER ST. AUGUSTINE, FLA.
PUBLIC GRADE CR0551A10
FO,q Cl r y OF 56DA5rIAIV
7- SrR,4 7- 7-oAl 4 VeMLIE
JIffOlISLIA6�--FLORIDA
DRAWN BY W.R•Al, M. P. LOC. 21B V- /7/' SCALE /If= 100
CIlKCKK0 BY VAL. MAP. V2-SZ-4b DAT11 6 f 1:Z 1,84
FILE NO. owa. ?40,550'kpv'8-1-171-7
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40
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Z4' 7
I14MV. NO,1 DATE I MY I DKSClqjrTlom
REVISIONS
FLORIDA EAST COAST RAILWAY CO.
OFFICE OF CHIEF ENGINEER ST. AUGUSTINE, FLA.
PUBLIC GRADE CR0551A10
FO,q Cl r y OF 56DA5rIAIV
7- SrR,4 7- 7-oAl 4 VeMLIE
JIffOlISLIA6�--FLORIDA
DRAWN BY W.R•Al, M. P. LOC. 21B V- /7/' SCALE /If= 100
CIlKCKK0 BY VAL. MAP. V2-SZ-4b DAT11 6 f 1:Z 1,84
FILE NO. owa. ?40,550'kpv'8-1-171-7
APPENDIX E
Page 1 of 2
INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND
'ONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY
AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES
In further consideration of the sums of money herein agreed to be
paid to the Contractor, the Contractor by execution and delivery hereof,
agrees that it shall and will at all times hereafter indemnify and save
harmless the Florida East Coast Railway Company from and against all
judgments, and all loss, damages, costs, charges, and expenses which it
may suffer, sustain, or in anywise be subjected to on account of or
occasioned by the operations, whether or not negligent, of the Contractor,
or any of the subcontractors, or both, whether directly or indirectly
under, or pursuant to, this construction contract, up to the total sums
of money, as follows:
A. On account of death, personal injuries, loss of income or
earning ability of any person, including without limitation upon the
generality of the foregoing description, employees and officers of
Florida East Coast Railway Company, employees and officers of materialmen,
employees and officers of the Contractor, employees and officers of all
subcontractors, in the limits of $1,000,000.00 each person injured or
killed, and $2,000,000.00 each occurrence.
B. Loss, damage, injury and loss of use of any real or personal
property (a) in which Florida East Coast Railway Company has any owner-
ship interest and (b) personal property in the custody of Florida East
Coast Railway Company under any transportation contracts; including
without limitation upon the generality of the two foregoing enumerations,
all railroad equipment commonly described as rolling stock and the con-
tents of the same, all in the aggregate limit of $2,000,000.00.
C. Loss, injury, decline in market value or deterioration in
quality of any perishable merchandise in the custody of Florida East
Coast Railway Company occurring or originating during the first forty -
eight (48) hours from, but excluding, the first five (5) minutes any
break in the continuity or other obstruction of passage of trains,
directly or indirectly arising from the Contractor's operations, upon
said track or tracks, as the case may be, of Florida East Coast Rail-
way Company at or within one hundred (100) feet of said location upon
which the work is to be performed hereunder, the improvement, renova-
tion, or repair of which is the subject matter of this construction
contract, and also all expenses reasonably incurred by Florida East
Coast Railway Company in and about the re- routing of its trains and
cars to, via, and from the lines of railroad of other railroad common
carriers during the first forty -eight (48) hours following any such
break in the continuity of said track or tracks as the case may be of
the Florida East Coast Railway Company at or within one hundred (160)
feet of said areas.
APPENDIX E
Page 2 of 2
INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY
TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR
In further consideration of the sums of money herein speci-
fied to be paid to Contractor, Contractor, at its cost and ex-
pense, shall obtain and keep in effect, insurance policy or poli-
cies in the limits of $1,000,000.00 each person injured or killed
and $2,000,000.00 each occurrence and $1,000,000.00 property
damage per person and $2,000,000.00 property damage each occurrence
directly by Contractual Liability Endorsement to Contractor's
General Public Liability and Property Damage Insurance Policies
insuring Contractor against loss or damage to Contractor upon the
indemnities concurrently extended to the Florida East Coast Rail-
way Company and within the limits specified in this paragraph.
Alternatively, Contractor may procure and keep in effect during
the life of this construction contract, as aforesaid, Railroad
Protective Liability Policies insuring Florida East Coast Railway
Company directly as insured against losses and damages but within
the limits specified in this paragraph.
All such insurance, directly or.indirectly for the benefit
of the Florida East Coast Railway Company, shall be in a form
satisfactory to its Manager of Insurance and issued by a
casualty company- insurance company authorized to do business
in the State of Florida that has a "Beat's" rating of A or A+
and a financial size category of Class XII or higher.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
In re: CITY OF SEBASTIAN, FLORIDA,
Petitioner,
v.
FLORIDA EAST COAST RAILWAY COMPANY,
and
FLORIDA DEPARTMENT OF TRANSPORTATION,
Respondents.
STIPULATION OF PARTIES
Application To
Open Railroad
At -grade Crossing
At Stratton Avenue,
Sebastian, Florida
MP 218 + 171'
and
Application To
Close Railroad At-
grade Crossing At
Truman Street,
Sebastian, Florida -
MP 214 + 1390'
COMES NOW the Petitioner, CITY OF SEBASTIAN (CITY), the
Respondents, FLORIDA DEPARTMENT OF TRANSPORTATION (DOT) and
FLORIDA EAST COAST RAILWAY COMPANY (FEC), pursuant to Chapter
120 of Florida Statutes by and through their undersigned
authorized representatives and hereby enter into and agree to
file this Stipulation:
STRATTON AVENUE
1. Pursuant to Florida Statute 338.21, the CITY filed an
application for public railroad highway at -grade crossing. A
copy of th application is attached as Exhibit "A ".
2. The CITY and FEC have reached an agreement whereby the
crossing for Stratton Avenue at FEC Mile Post 218 + 171' may be
opened under the terms and conditions in the agreement which is
attached as Exhibit "B ".
3. The DOT has reviewed the application and has no
objection to the opening of Stratton Avenue.
4. The proposed crossing is within the legal jurisdiction
of the CITY and the CITY will be responsible for the mainte-
nance of said crossing and signals.
TRUMAN STREET
1. The CITY filed an application to close the public
highway-at -grade crossing at Truman Street, Mile Post 214 +
13901. A copy of the application is attached as Exhibit "C ".
2. The CITY and EEC agree that simultaneously with the
opening of Stratton Avenue, the Truman Street crossing will be
closed, subject to the following conditions:
A. The FEC shall remove the crossing structure
at the CITY'S expense.
e. The CITY , at its expense, shall install,
maintain and replace barricades in
accordance with the DOT Standard Index 757349
and DOT Manual of Uniform Minimum Standards
for Design; Construction and Maintenance for
Roads, Streets and Highways, on both sides
of the road at locations just outside the
FEC's right -of -way.
P',
3. The DOT has no objections to the closing of Truman
Street.
The CITY and FEC hereby waive public hearing and move that
the DOT isue any necessary permits granting the proposed open-
ing of Stratton Avenue crossing and the closing of Truman
Street crossing in accordance with Florida Statutes 338.21.
The DOT has reviewed this Stipulation and the attached
agreement and -has determined that it is within the public .
interest that the public railroad at -grade crossing at Stratton
Avenue be opened and that the public railroad at- grade_ crossing
at Truman Street be closed.
FLORIDA DEPARTMENT OF TRANSPORTATION
By: DATE:�f.� -�
Name: R and Greenup
Title: Director Public Transportation Operations
ATTEST:
�V --
Title:
CITY OF SEBASTIAN, FLORIDA
BY DATE: 9�5
Name: yw+ G 46f%�iQ
Title: MR-re2
\ i
ATTE T: /y �• /'�C it� '� -��
NameE %�iNCYC S`!7
Title: C,i7"y CLC-
FLORIDA EAST COAST *RAILWAY COMPANY
Nan�44--- ,t. a Wy o
Title: President/
ATTEST: _ t „� •�w
Name: C. Jr.
Title: � ecret ry
7
DATE: -L� %� 70b�
�t�M..y,G1;:: :.. .- .- ., - . -' �kV�`: eA" �, a. 1J.., 1r�w.r+7:,:,i:R�..e..::.;+' - -, -. �.: - .. -4�. :.i.r'.w.4- F�:.►w��' �"' '•c ww:S,:•�,..:.:Yi,.;.fu�.�:...1
MINUTES: REGULAR COUNCIL FEBRUARY 6, 1984
ROLL CALL VOTE: AYES: VICE MAYOR PITZHAURICE
COUNCILMAN SZELUCA
COUNCILWOMAN MCKINLEY
COUNCILMAN GALLAGHER
MAYOR FLOOD
NAYS: NONE
MOTION CARRIED.
NOTION BY VICE MAYOR FITZMAUHI<:£, SECONDED BY COUNCILWOMAN MCKINLEY, TO APPROVE
THE MODEL HOME PERMIT FUR LOT 74, BLOCK 186, UNIT 8, SEBASTIAN HIGHLANDS. (ESTES)
MOTION CARRIED.
NOTION BY VICE MAYOR FITZMAUR.ICE, SECONDED BY COUNCILMAN GALLAGHER, TO APPROVE
THE MODEL HOME PERMIT FOR LOT 1, BLOCK 777, UNIT 8, SEBASTIAN, HIGHLANDS, (HARRIS)
MOTION CARRIED.
MOTION BY VICE MAYOR FITZHAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO APPROVE
THE MODEL NOME PF,RMIT FOR LOT 30, BLOCK 185, UNIT 8, SEBASTIAN HIGHLANDS.
(TADROWSKI)
MOTION CARRIED.
NOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCK.INLEY, THAT THE
COUNCIL AUTRORize THE MAYOR TO SUBMITT AN APPLICATION FOR THE TRANSFER OF THE
TRUMAN DRIVE RAIL ROAD 'CROS 7 s NUE AND TO ALSO INDICATE BY
THEIR VOTE THr APPROVAL OP D T' N E
ROLL CALL VOTE:
£ °• ICI AYV TZMAURICE
t OU! C LN0U. ' ,1,WNCK'1 :N LEY
COUNCILMAN. GALLAGNER
YO OOD
NAYS: E
MOTION CARRIED.
MOTION BY COUNCILMAN GALLAGHER, E U 1) 1 13Y VICE MAYOR FITZHAURICE, TO AWARD THE
DID FOR THE PAINTING OF THE AIRPO I'U AYS TO L.M. SERVICE COMPANY IN THE AMOUNT
OF $3,680.00.
MOTION CARRIED,
MOTION BY V t MA U" 11'I'� IR ('(lA, ;, S111 Ci U C. Ly�A t A A ;HER, TO GRANT
PERMISSION TO H. T. H PI I 'IL.1JT11EI He H L 11 F.' TU THE S.E. SECTION
OF INDIAN R 11
MOTION CARRIED,
NOTION BY VICE MAYOR FITZHAURICE, SECONDED BY COUNCILMAN SZELUCA, TU ISSUE A
TEMPORARY TRAILER PARKING PERMIT FOR LOT 9, BLOCK 73, UNIT 7, DURING THE
CONSTRUCTION OP A NEW HOMr,. (OURNSWORTH)
MU'f10N CARRIED.
+�6 _
MOTION BY VICE MAYOR FITZHAURICE, SECONDED BY COUNCILMAN SZELUCA, TO"lSAur A
TEMPORARY TRAILER PARKING PERMIT FOR LOT 11, BLOCK 743, UNIT 10, SEBASTIAN
HIGHLANDS, DURING THE CONSTRUCTION OF A NEW HOME. (THORNE) -.
MOTION CARRIED.
NOTION BY VICE MAYOR FITZHAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO SCHEDULE
THE HEARING FOR ROBERT MEILBC•CK ON FEBRUARY 14, 1984, AT 4 :00 P.M.
MOTION CARRIED.
MOTION BY VICE MAYOR FTTZMAURICP -, SE'CON111iD BY COUNCILMAN SZh -LUGA, THAT TUE COUNCIL
APPROVE SENDING TWO PEOPLE TO THE RURRII'ANECONFERE'NC'F, IN TAMPA, DURINQ APRIL 75-
27, 1984.
ROLL CALL VUTE: AYES: VICE MAYON FITZHAURICE'
CUIINC:I ;.MAN SZ E(.UGA
COUNCILWOMAN MCKTNLEY
COUNCILMAN GALLAGHER
MAYOR FLOOD
NAYS: NONE
MOTION CAHRIE U,
1'Hc CITY CLERK REAO A LE'1'TBR OF REOUEST FROM THE SEBASTIAN RIVER ART CLUB,
I:EUUESTINC T1IE U9C OR THE SEBASTIAN NIVERVIE'W PA17N TO HOLD THEIR ANNUAL SPRING
ART SHOW M„n CPI 3•A� : - -9, 1984 AND WINTER SHOW OCTOBER 77 AND 78, 1984.
I 1IFREBY CERTIFY lchi8 to be a true Copy of the City Council of the City of
Sebastian's M-inutes of their Regular Council Mefting, held on February 6, 1984,
( S F A L ) Deborah C. Krages, City Clr - -,rh
r, I r , ,, ,
Exhibit "A"
tI,S� STATE OF FLORIDA DEPAIITM_NT OF TRANSsORTATION
• ' DIVISION OF PUnLIC TRANSPn RTAT1OF.
PAC .I D� . RAILROAD GRADE CROSSING APPLICAT101
- .. TT I SECTION I UTILITY JO. NO. STATE ROAD NO I cOUNTY NAME 1-t11r_E: R M JC• \7 HOC K[T NO
1 88 000 I 6610 1 Stratton Ave Indian River 12 (R /!•I XSO -R)
AGENCY
CITY OF SEBASTIAN ,
.k. ! IDENTIFICATIO .N:
�ubmittcd By:
.A_ent
Title
Telephone
Addre"
C
James Gallagher, Mayor
CROS LI G LOCATION:
.jurisdiction for Street or Roadway by _authority of:
Local Popular .Name of Street or k02d'Wa% Stra
Railroad Company Florida East Coast
Pulroad Mile Po--t (Distance S Direction) 21 R
.Nearest ExietinEGrade Croesingq - Each Direction:
Direction
Application For:
] Closing r p bii•: at•o.mdr
raillhigh.:a% crossin- b% -
[ ] rail line r -mc.ta
[ ] roaduay remo-a]
(X ] Opening a pubiic at•sTade
railthiohway cros :ins by .
[ ] m•••, r_d lin• yo �trctinit
[x ] nr.v rr,ac%,ay coWwction
(x 1 City I County ( ) State
)n Avenue
Di =tancP
t
(1) North (Vickers Rd.I Approx. 1/3 mile
(2) South (Hybiscus Blvd.)Avorox. 1.5 miles
?lap (X Attached ( ) Alailed Separare
[rr� Crns =inr Number
c;;.' =;Lit: IN TALL.aT]ON:
.D.oad..a% Traffic Volume (ADT) ( J Esi'AiTT XJ Prop.a d 3000 vpd
Tx pr P.oad%,av I Exist IX / Prn+n I 24 foot ASp}]d1_t
Typ- fail Line (x I E,i>tine One Track
Nuntb.r of Train_ Per Da, 24 Zp"d of Trains 45 MPH
CI•.t E= timate to In =tall Cros yin__• BB .505.00
C"-.t of Installation Charge- to )x J Appliarrr
C= zt E= timate for Annual �Iain4•nmlec S S9Rn nn
Lost of Annual )lainlenanc, Charge to (XJj ,qMlicanr J 0&x
E.
•R17RM !tl -!�
17-
►r• or s
SIGNAL INSTALLATION:
TN-pe (X) Flashing Lights
(xl Warning Bells
[x(
Gares [ 1 Other
Instalation Performed by
( l Applicant
(xJ
Railiead ( ) - Other
Cost Estimate to Install Sip tal_
Coat of Installation Charge To
[xl Applicant
! 1
Other
Coat Estimate for .annual M;dotenanre
S $$$�,00
Cost of Annual Maintenance Charge To
[x/ Applicant
! I
Other
PUBLIC REARL \G:
Prior to the adoption of any rule or regulation for opening or closing at -grade public railihichwzy crossings, if requested a
public hearing will be held by the Secretary of the Department or his duly authorized hearing officer, pursuant to the
provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act .
Will .-Applicant Be Represented by Counsel at the Public Hearing'
(x ) Yes (Complete Following) ( 1 No
attorney Name Daniel M, Kilbride, Jr.
Attorney Telephone (305) 962-8710
Attomey Address P. O. Box 2427
Vero Beach, Florida 32961
Describe Material to be Placed in Evidence at Public Hearing:
[maps, resolutions, agreements, documenn,etc.)
Data to be submitted as attorney may deem necessary.
zCBNIITTED FOR THE AGENCI' BY: D:1TE:
e a �h,(/Vl 'or
DEPARTMENTAL APPROVAL BY; DATE:
Distric Railroall Coordinator
REFERENCES: [Specific Legal .authority) 20.0561).334.02(6) F -F.
(Las. Implemented) 338.21 F -S.
(Administrative RUIC) 1446.03 D.O.T.
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