3/3/1959 - Laserfiche WebLink

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$22,000.00 with the Florida East Coast Railway to cover the cost of this crossing. R E S O L U T I O N -- Railroad Crossing BE IT RESOLVED by the Board of County Commissioners in and for Indian River County, a political subdivision of the State of Florida; 1. That the said Board of County Commissioners consents to and agrees to enter into an agreement with J. Turner Butler and William A. Hallowes, as Trustees of the property of Florida East Coast Railway Company, and not individually, wherein and whereby said County of Indian River is given the right and privilege to use as a public road crossing that part of the Railway's right of way in Indian River County, at the location more particularly described in agreement attached hereto and as per Railway's plan Corr. File 216-1, dated January 16, 1959, attached hereto and made a part hereof. 2. That the Chairman, with the attestation of the Clerk, be and they are each hereby'w� authorized and directed to execute the said agreement for and on behalf of the County of Indian River, a political subdivision of the State of Florida. 3. That this resolution shall take effect immediately upon its passage. AGREEMENT -- Railroad Crossing THIS AGREEMENT, Made in duplicate this Ord day of March, 1959, by and between J. TURNER BUTLER and WILLIAM A. HALLOWES, as Trustees of the property of Florida East Coast Railway Company, and not individually, hereinafter called Trustees, and INDIANRIVER COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (Address: Vero Bee-ch,Florida), hereinafter called Second Party. W I T NF,E S S E T- H: That the said Trustees, for and in consideration of the covenants and agreements here] contained to be performed and kept by the Second Party, do hereby give and license unto the said Second Party the right and privilege to use as a crossing for road crossing purposes only, that part of the right of way and property of said Railway in the County of Indian River, Florida, at the location described as follows: A rectangular shaped parcel of land 20 feet in width northwesterly and southeasterly extending northeasterly and southwesterly across the right of way and over the tracks of the Railway at Cimmings, Florida, with longitudinal center line intersecting the center line of the Railway's northbound main tract at a point located 3,116 feet southerly from the Railway's Maile Post No. 216 from Jacksonville, Florida. As shown on print of the Railway's plan Corr. File 216-1, dated January 16, 1959, attached hereto and made a part hereof. TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Second Party for so long as said crossing is used for public road purposes, subject only to prior ter- mination as provided in para graphs 9 and 12 hereof. In consideration of the rights, privileges and licenses hereby given by the Trustees unto the Second Party, the Second Party covenants and agrees with the Trustees as follows: 1. That said crossing shall be used for public road crossing purposes only across the Railway's right of way and tracks, and no pipe, wire, rail or other line or structure shall -- L.J 1 1 0 1 0 1 1 0