HomeMy WebLinkAbout1959 Agreement FEC & IRC' ` "*�. • bade !a duplicate Chip � Fay ,rt
MS. Dy cad between J. Rt;RIjU lvu,Et sjd NiLLV4j
9. 7A"4 "s ou Trustees of the ProPertr of Florida last Coast &sil+01
CQUPW, cad not ladividuallF, hersinafter called Trustees. AWL Ia Uz
R!VY t WMiTY. `i polttioal subdiviuion of the State of ?lorida. Ming
by and thrasais its hoard of County Co:cinaioners'(A4dressr Yore 96a",
florl'U), hereinattor rigged Second Purty.
V IT19389TIs
TUt the said Trusts", for and is coasideration of
ohs 'U"W cats AM agreessats laareln oantalned to be perrforsed end inept
aY the 3"OVd Party. 40 haraby give and license unto the said 3osead
'astir thA rikt and privilege to +kss as a crossing for road oroseiag
-.c;rores oaV& that part of tbo r rht of way and property of said 3siL.
LW in tbs Cgft t' of iadiaa €Fiver, Aurida. wt the location deseribed
ns ignores
4 raatsugulAr shx;.nd parcel of load ao feet
in width "rtbvestsr4 and south"otorly, sm-
tsadia . aor;,hm"t' :rly cad aouthwaster4 ecrese
UA rigat of vs; and over the tracks of the
Asi.7w7 at Cummings. ylorida, with loagit:adi..
deal +tenter line intersecting the center line
of the Railasyre northbenad aaia fleck at a
point leeated 3,116 feet soatharly frog the
Whys Jibe Pont fie. 218 from Jacksonville.
Ilarida.
As chum on Print of the lailvel, +s plan Corr.
Pildy 816.2. dated Jenmrry ll. 19b9. attsobed
hereto sad spade a part hereof.
TO 3►Yl AND IV OS2 the said rights. privilogoo a"
. ".16Mlats mulch uatrs the Seooad Party for sa long as said orossias is
V D54 for PuMlo road purposes, su!,W joci emay to Prior tersisatioa as pro.
"I :K1 tar► garagrapho 9 end 18 hereof.
1s GneiQsratiea of t ;.0 ri,ehts, privuegos and licenses
by the 47aatars unto the Stoon3 Party, the Sose" Party cove..
'M""' rw4 trees With US ?rue :ass ae tnllovs 1
1. 'Ehai sait crossing shall be wised for pabl:e road
j;,roseiag ptrpasoa oaly across the pailvay'a rigY: of way and tracks.
:mind no pipe. viro. rail or ether line or structnrs shall be planet la
rr;� .. aai.d right of way or crossing vittwut the previous nomsant is
i�1t
if aaid T.milmar 1ruotese.
8, f.00rnd 8arq rgroea that it will, at its 8010 0009.
^vrsioh all material, equipment aid labor required for sad will porlora
all work retuirsd is connection vith the construction, opening or is~
,rovemente a9 this crossing from right of Way Ilae to right of way Its*
Cr the 8ailvgy. iaelu"ag %ha portions of said crossing across the Z-42-
way's existing or may fats" tracks. from head of tie to head of tie,
which portion of said crossing is to be paved with rock and sophalt,
v4tk timber tlsngwaTs on esoh aids of rails wad header timbers betwoea
rlaagswpts along as" oke of paving, said tubes flaugswaya to be W.
stalled by uaiiway farces at Socoad Party'o oipenso. the remaining por-
tics of paid crossing from head or tie to head of tie is to ba oonatraotsd
Lod "j&talmed 'by Secssd Party, under the supervision of as authorised
represt0tativ0 of the Ullway. Second Party agrees to bear all voot of
anj neocosory ebaagas in the $n Itoyls track, drivoways or other f"111-
ties, w A any changes rewired in s y► pole and wire lines installed ea
.be 3ailway0s right of valr. dad to the existence of said crosaing, vhother
ovaed by the Sat:va7 or otiurvieo, and Second Party further agrees to far-
nish material and labor required for and to install and maintain in good
operating condition all necessary drainage facilities or the extension
of any existing drainage facilities required on a000ust of the 10"tiun
cr existence of said erossiag, all subject to the approval of IS antbor-
'nod rapressatative of the Railway.
3. If fie comply with the roquiromente and orders of the
luvk) of the Stato of Florida. or other governing body having pawor to
,,tr— All4vate or amforoo ragulstiwss or iLmr agresssat wilt the uaway par-
?.uinizz thereto. it becomes noosn"rr haroafter to Modify or change the
:.buyer, olrratioa. aliyaseat or otherwise Modify or change tha location
of said hailvy's tracks. works or sporation on its right of waq or
zodifr or change the olovation. alignment or location of the oaid weves-
inig across the right of way and tracks *f the Railway. all wet sad ox-
penee of any aatare whatsoever that caq be required by such changes.
i2odifleatiow or additions by the presence of sold right of way and
eraesiaZ shall 3o paid for solely and eatirely by the d000ad ?arty, and
suah aeasges, a"Afioatiems or additions MAY to accomplished only 12 *a-
cordaaoa with plans 0154 spocifleiMeno approved by the uailwey, and the
a=wawtiaa of the work uadw auca plans and specirl".tious sisal be sab-
jeot to tbs,su;*rvisien, irupoot,.on and approval of the Hailw+y.
4. ft* Kelley reserves the right to Make say desired
ctAzaaa at any tine to its exist' Isa tracks or other facilities. or to
tnatall. salnUin and oparat* ay additional track or tracks or other
faailitiss on its rich% of way at said crossing. and Rscand Party Wass
to bear the entire a=pe360 of any changes in paring or additional paving
ragvired en account of such ohaagss or installations Made by the 2ailway.
B. 90046d Party Wass to relieve and roleaa* the Aall-
w4W frog assearaoats or-other chards* i:1 any kind vhstsorter Matnet the
lailway at say time for any public inprovwaonts installed on or adsaoeat
to said orcestag or arising out of the existence of said crossing.
6. All expense in connection with any changes Made !a
Mho 4ailway's automatic block *U;nal trmmmission line and sigma*. or
0 ctnazitq azy other pole or wire lines nev located au the Ha► IWI&
;llut of way, whether owned by the Ullway or athorvlse, resulting from
717,0 :ius3a114tioa of ay part of said crossing shall be wholly born* by
.Lu mnA Party, all sash costs incurred by the Railway or its tenants.
,r corporatioa SoldUM contract or statutory easeeosta for such wires
cnl golna shall be wholly paid by Second Party promptly upon receipt
tit bills for such doss*.
T. Second 7arly, at its wrpease, will install and saia-
t:sin uay necessary drainage facill.tiss required on account of the loco.
`-!on and exieseaao of said crossiva. such installation. the adequacy
t.Aaraof for the dralmagw required and Us maintenance thereof are to be
subject at all timers to the approval of the Railway's authorised repre-
Wantati ►e.
8. Second Party shall not take may action that will gro.
r,w t or tend to prevent the operation of trains over said crossing.
9. The provisions and stipulations of this agromsa%
jsre a part of the toosideration of the lie-snsing of_th* above privileges
"lid crossing. cad In the event the said Socond Party &ball fail to cos.
_city with &W of she covenants and conditions, then We license shall be
v--Id and said described crossing shall terminate. with full right an the
;:art of the Trustoor and Railway to to-enter and repossess the same it
"twy a tall *loot to 40 eo.
10. Second Party agrees tha". automatic crossing protect.
-Ioa eoasisting of autostic flashing lights, bells and gates will be
l:afrelind at this public road crossing as a part of tats project. at the
:ale cost of Wond Party. and that sons installation will be soda by
tits 8ailvay and Second Party agrees to reimburse the Railway for all cost
tuazoaf. .
11. Second Party hereby grants unto Ylorida Jh-qt Coast
4.Lilwgy Company and its Trustees all necessary permits for the instmlLb-
t cn, oaastrustice, erection. repair and maintenance of any of the faoill-
tion, work at fixture* mentioned or contemplated in and by this ogreoa*at.
:ram 1l /rids H►st Ceust Itailaey Campanf or its Trustees shall ,give Yesnad
:'a.rty fort -oidbt (46) hours! notice of intentiaa to perfsra &27 strsh
'raesaillxtioa, oosatruotloa, repair, erection and smintonanco.
12. This ygroaneat is toroinable (rithaut prior notice
Second Party) by the Trustees or their wueosmeore. Including Receivers
't-;n1t7* or the aseiCpte of the &%&to. at their option, upon the dia-
;rrirde cf the trmstoss as such, or upon the diaeharge of tflay succeeding
sliver or R9O4dvere is $uity. any fixed period of time or any other
.1ft harein to the coatrary notwithstanding, and is the absence of such
c nvoL3atiaa, all rights of amid trustees hereunder shall lams• to the
asnoflt of their successors or the assigns of the Mate.
13. It is furthor mutually understood, and agreed
cad bsCrssa the parties hereto the �
that at termination or the oajoelln.
:lea of this' agreomeat, for AV cause. or upon torsduation of Second
'Qty's tue of the Grossing heroin licensed, SecoaQ party shall remove,
at Its entire Cost and expense. all improvements placed by it upon the
Maid railway's right Of wy and restore the ground to its original eon_
d 1 tio,n.
IN 61TR S YHJC ws. the parties hereto have caused these
presents to be day executed in diplicate. each the day and year first
; %Qvw written.
eri. .r +a"sd and delivered
,9- rrzsasaC• or, J. 3� ""' bU2LK3 and WILLIAM A. A41J VSS
� as . °.raetyes of the
Lost Coast a :llray CConpaj,� of Ylorida
a .o
'irustses
Trua too
INDIAU hIViU COUST7, aetiad by and through
its Board of County Comm saioaera in and
for 1:JDIAH jlVXjt COURTy
':?fCCi. Harty
�halrmaa
Attm*tj
Cl orlc .
A23Q: - Tl()i1 No.
� mn ametistt Wr cede and seconded, the 1011ovia6 resolution
:Iaaede3 and udeptads
Bd IT RrSGLTJW by the.Boaarl of County Commission@,, in sad for
udlna ;liver Comagr, a political subdivision of the State of Florida,
1. That the acid Board of County Coaaissionors eoneemis to end
'4;,:'300 to enter into an ag"ement With J. Varner Butler and villicra A.
''.olloves, as 'trustees of the property of Tlorlda ust coast Railway Compost',.
,et iadizid- AK117. wAsreln and whereby acid •CoaantV of Indian giver is
given the right and privilege to use as a public road crossing that part
Of the PAilwaya, riCht of wey in radian River County, at the location more
;oArLcularly described in asreeaemt attached hereto and as per g&Uwayos
1)11x�a Cosa. :.Vila 216-1, doted January 16. 1959, attached berate eat Ands as
%Art hereof.
1. That the chairima, Vith the attestation of the Clark, be
J',Adi ttn:p are saoia baroby aathocised ,and directed to execute the said Was.
;",at for and on behalf of the County of Indian River, apolitical suidivi-
010va of the 3tato of nortda.
5. That We resolution shall take effect iaaediately upon its
;C?1�T7 p9 IBDI.Iii RIi$ )
Clerk of the Board of C*,.Sty Coo_
t-1r+. =.ioners, in and for Indian River county, It political subdivisiom.of the
"afa of Yloridn, do hereby certify that the foregoing is a tone +uad Co....
aapy of original resolution of the seid Board passed at a
1rz of the eaid Board held on the day of �' �c. .. _ 1969 an the
s a:, Daars in Book page _,_._, of the reooros of said board In
spy of-
121 4«TJM3 !4ti+S xc-y, ; have hm rs;nt� ,et �3 maid +mad official oral
is uasan of 1nd3 ;n [tivar afes ;a: aid. tbl y ,1 s3 of
Clerk, board-of Caiasty Cosaissionere ill and
for Indian itivor Ca%=V.
i-