1954-05
THIS AGREEMENT, Made and entered into this 16th day of February, 1954,
by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation under the laws of
the State of Virginia, hereinafter for convenience styled the Railroad Company, party of the first part, and the
City of Clermont, a municipal corporation under the laws of the state of Florida,
hereinafter for convenience styled Licensee, party of the second part:
WITNESSETH, That the Railroad Company for and in consideration of One Dollar to it in hand paid
by Licensee, the receipt whereof is hereby acknowledged, and of the covenants and agreements to be kept and
performed by Licensee as hereinafter expressed, hereby grants to Licensee the right or license of oonstructing
and maintaining a highway or street crossing at grade across the right
of way and track or tracks of the Railroad Company at Clermont, Florida, at a point 280 feet
northwestwardly, measured along the center line of the Railroad Company's main
track, from mile post T-812; u ahown in red on the blue print attached hereto
aDd JUde a part hereof J said right of way being as shown on said attached blue
print.
State Documentary Tax Stamps in
amount of 10 cents have been affixed
to original contract on file in office of
Real Estate Agent at Wilmington NC
And Licensee hereby covenants and agrees in consideration of said license:
First: That said crossing shall be constructed and maintained at the cost and
expense of Licensee, but in a manner and of materials satisfactory to the Engineer Maintenance of Way of the
Railroad Company, and that all incidental expenses necessarily incurred in connection therewith shall be
borne by Licensee, except, however, that the Railroad Company will at its expense, construct and
maintain the portion of said crossing between the rails of
said track or tracks and for two feet on the outside of each rail thereof.
Second: That the Railroad Company shall have the right if it so desires, to construct an additional
track or tracks across the land covered by this license.
It is understood aDd agreed that this agreement shall not be binding until it
has been ratified by a resolution of the City Council of said City, a certified
copy of which solution is attached hereto and made a part of this agreement.
Note:The Third Article herein was stricken out prior to execution hereof.
In Witness Whereof the parties hereto have executed these presents in duplicate the day and year first
above written.
Witnesses for Railroad Company:
ATLANTIC COAST LINE RAILROAD COMPANY
By Asst Vice President
(Seal)
Witnesses for Licensee:
City of Clermont, Florida
Mayor
Clerk
Resolution
At a regular meeting of the City Council of the City of Clermont, Florida,
held on the 16 day of February
1954, 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 city
and the Atlantic Coast Line Railroad Company,
dated February 16, 1954, by the provisions of which the said Railroad
Company grants to the said city the right or license of constructing and
maintaining a public road or street crossing at grade across
the right of way and track or tracks of the Railroad Company at Clermont, Florida, at a point
280 feet northwestwardly, measured along the center line of the Railroad
Company's main track, from mile post T-812;
as particularly described in said agreement and as more fully shown on the blue print attached to and made a
part of said agreement, be and the same is hereby approved.
Further that the City Council of the City of Clermont. Florida,
are hereby authorized 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 or the City Council
held on the 16 day of February
A. D., 1954
Clerk
I hereby certify that the agreement hereto attached has been recorded on the minutes of the City
Council of the City of Clermont, Florida,
after execution, in accordance with the above resolution.
Clerk