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J&B-29974
FORM 3517-1
Revised 9-14-61
THIS EASEMENT AGREEMENT, Made and entered into this 4th day of rJiay
19 67 , by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation un-
der the laws of the State of Virginia, hereinafter referred to as Coast Line, and the CIN OF CLERmOl\JT,
a municipal corporation under the laws of the State or Florida,
hereinafter referred to as Grantee:
WITNESSETH, That Coast Line for and in consideration, of One Dollar to it in hand paid by Grantee,
the receipt whereof is hereby acknowledged, and of the covenants and agreements to be kept and performed
by Grantee as hereinafter expressed, hereby grants to Grantee an easement or right of way, within the limits
hereinafter set out, for constructing and maintaining ~~~)oUrn~Mti{*WmRfb!R~b8~3l~
ftCIlCtemooms>Sl'lXk:ex:a~x~:C>>~gH~^$i>>laY~~~~lft~N~)l~~ck1lx:#~~.K~:kk}t
~M~:UglOOeltlaaGS>tkfit:Dgbntf~namllWClir~~ft~>biJUtnk a paved pedestrian walk-
t7ay crossing at grade across the right of way and tracks or Coast Line at Clermont,
Florida, said crossing being 5 feat in ~"lidth, i.e., 2.5 feet 1rrl.de on aach side of
a linG which extends across said right of way in a northeast-southtrest direction
and intersects the conter line of Coast Line's main track at a point 1,313 feet
north~~s~1ardly measured along said center line from Mile Post r-~129 said crossing
being shown outlined in red on the print attached hereto and made a part hereof;
Coast Line's right of way being 25 feet \rlde on each side or sid center line.
And Grantee hereby covenants and agrees in consideration of said easement:
1. Said crossing shall be constructed and maintained at the cost and expense of Grantee, but in a man-
ner and of materials satisfactory to the Division Engineer of Coast Line, and that all incidental expenses
necessarily incurred in connection therewith shall be borne by Grantee, except, however, that Coast Line
will at its expense, )fRR~~~ maintaiv~R@~f\.f~JQf said crossing between the rails of said track or
tracks and for two feet on the outside of each rail thereof.
2. Coast ,Line reserves the right, if it so desires, to construct an additional track or tracks across the
land covered by this easement.
3. Grantee, for and in consideration of the privileges and benefits granted by Coast Line, and benefits
flowing therefrom unto Grantee, agrees
to save harmless Coast Line, its successors and assigns, from any and all claims, including attorneys' fees
arising out of any suit, on account of personal injuries or damage to property of whatsoever nature arising
..
J&B-51417-N-17
FORM 3517-2
Revised 9-14-61
I
during the construction or reconstruction of said crossing; and Grantee agrees,
, to indemnify and save harmless Coast Line, its successors and assigns, from any and
all damages, including attorneys' fees, that might occur to Coast Line on account of improper or faulty
drainage at said crossing due to the construction or reconstruction thereof.,
Noteg The following changes were made in this agreement prior to the execution
thereof:
Witnesseth Clause: The words "a highway or ..... of Coast Line at"
Deleted.
Article l:
The words "construct and" deleted and the woid
"thereafter" interlined.
It is understood and agreed that this easement agreement shall not be binding until it has been rati-
fiedby a proper resolution of the City Council of the City of Clermont, Florida,
, a certified copy of which resolution is attached hereto and made a
part hereof.
In Witness Whereof the parties hereto have executed these presents in duplicate the day and year first
above written.
Witnesses for Coast Line:
a ~ (~tfAL{~
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ATLANTIC COAST LINE RAILROAD COMPANY (Seal)
By
\'Vitnesses for Grantee:
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J&B-29974
FORM 3517-3
Revised 9-14-61
RESOLUTION
At a regular meeting of the City Counc il of the Ci ty of Clermont, Florida
, held on the ;).. 3~ day of '-;i)1 tlf ' 19 (p 1 ,the following
was ordered and spread upon the minutes: ,
"It is hereby ordered by the City Council of the City of Clermont~ Florida
, that the form of agreement between the said
and the Atlantic
City
Coast Line Railroad Company, dated May 4, 1967
, by the provisions of which the said Rail-
road Company grants to the said Ci ty
an easement or right of way,
within the limits therein set out, for constructing and maintaining R>Pl-m<k)(lXl)lfl~M:~XX~~6iR~~~x
~xk<<~osXxo:OOc~:pjtX~X~Xg)l~~Xj(~ml~x~fljt~)(j(~~,j.~x:X1XSx
aOOcldlCld>>x~bciJX:b(~xct:>€?t~x~zi:gak 1'JX ~nRl21Qu~k~k~~~I1m~J4~m!tx~m~Rllx
~~~Xk a paved pedestrian walkway crossing at grade across the right of way
and tracks of Coast Line at Clermont, Florida;
as particularly described in said agreement and as more fully shown on the print attached to and made a
part of said agreement, be and the same is hereby approved."
"Further that the
are hereby authorized
. Mayor and Clerk of said City
and directed to execute said agreement in the name and on behalf of said
City
I hereby certify that the foregoing is a true extract from the minutes of the meeting of the
City Council of the City of Clermont, Florida
,A. D., 19 '-7.
I hereby certify that the agreement hereto attached
recorded on the minutes of the
City Council of the City of Clermont, Florida,
after execution, in accordance with the above resolution.