8/16/2016 1:35:33 PM
9/30/2015 9:28:01 PM
Official Document Type
Agenda Item Number
Florida East Coast Raliway, L.L.C.
Stipulation of Parties Open Highway-Rail Grade Crossing
53rd St. , close 71st. St.(Cemetery Road)
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c � <br /> STIPULATION OF PARTIES <br /> OPENING A HIGHWAY-RAIL GRADE CROSSING AT 53RD STREET <br /> AND CLOSING 71St STREET ( CEMETERY ROAD) HIGHWAY-RAIL GRADE CROSSING <br /> INDIAN RIVER COUNTY, FLORIDA <br /> Indian River County , hereinafter referred to as "COUNTY," Florida East Coast Railway , L . L . C . , <br /> hereinafter referred to as " RAILROAD , " and Florida Department of Transportation , hereinafter <br /> referred to as " DEPARTMENT , " by and through their undersigned representatives herebyfile this <br /> Stipulation of Parties as follows : <br /> 1 . The COUNTY filed applications with the DEPARTMENT to open a public highway-rail <br /> grade crossing at 53`d Street and close the highway-rail grade crossing at 71St Street <br /> (Cemetery Road) , Indian River County , Florida , pursuant to Section 335 . 141 ( 1 ) , Florida <br /> Statutes . Copies of the applications are attached hereto and made a part hereof as Exhibit <br /> "A <br /> 2 . The opening application is for a permit to construct a five-lane urban highway-rail grade <br /> crossing with sidewalks at 53`d Street, which will cross the RAILROAD at RAILROAD <br /> milepost 223+4730' located in Section 15 , Township 32 South , Range 39 East, north of <br /> the City of Vero Beach , under the jurisdiction of Indian River County, Florida , as set forth <br /> on the plans and maps , attached hereto and made a part hereof as Exhibit " B . " <br /> 3 . The highway-rail grade crossing to be closed at 71 st Street (Cemetery Road) is located at <br /> RAILROAD milepost 221 +2832 in Indian River County , attached hereto and made a part <br /> hereof as Exhibit "C . " <br /> 4 . The rail line , at each location , is classified as a mainline track, and operates up to twenty- <br /> four (24) trains per day. The current maximum train speed at each location is sixty (60) <br /> miles per hour. The RAILROAD right-of-way at each location is 100' in width . <br /> 5 . In negotiating the use of the RAILROAD' s property for the crossing at 53`d Street, the <br /> COUNTY agrees to pay the RAILROAD an annual , adjustable fee of no greater than an <br /> initial price of sixty (60) cents per square foot for use of said right-of-way within the license <br /> area . <br /> 1 <br />
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