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HomeMy WebLinkAbout1982-070COUNTY RESOLUTION CROSSING TRANSFER AGREEMENT A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE Indian RjXM r Count} AS A PARTY TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR- TATION, OR ITS PREDECESSORS, AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 82--70 ON MOTION OF Commissioner Lyons and seconded by Commissioner Wodtke the following RESOLUTION was adopted: WHEREAS, the Legislature of the State of Florida has enacted Chapter 77-165 providing for the transfer of maintenance responsibility of certain public roads, including railroad crossing agreements and other agreements, from the State to the Indian River County , and WHEREAS, the Indian River County has been presented with an agreement for this purpose which it wishes to execute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF IVDIAN RIVER COUNTY, FLORIDA: That Indian River County enter into a CROSSING TRANSFER AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company providing for the substitution of the Indian River County for the FDOT, or its predecessors, and the transfer of the rights and duties of the agreements listed in Exhibit "A" to the CROSSING TRANSFER AGREEMENT; and, That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the Florida East Coast Railway Company as herein described; and, That this RESOLUTION shall take effect immediately upon adoption. .. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County Florida, in regular session, this __ 9,1,_ day of Jolt' , 197x$2. 17 f y% Chairman of the Board of Cot my Commissioners �r�c:,t�ar��axtrr�r�;••.'•r_rratx:�raTx. r ;�;_ ATTEST: / Ap�•o I to actin Clerk of the Board of C my and lqg ', r't CommissionersBy %� { �+ f/ , L.:IIb FORM 722-928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1.60 DIVISION OF ROAD OPERATIONS PACE I OF 2 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES TRANSFER AGREEMENT j (County) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. 88 600 6150 CR 16 St Indian Riv r 71 (2150) THIS AGREEMENT, made and entered into this 21 day o` July , 19882 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and Floxida East Coast Railway a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine , County of St. Johns, State of Florida , hereinafter called the COMPANY; and Indian River County, a political subdivision of the State of Florida, acting by and through its hoard of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for the transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WIII:RI:AS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMEM assigns all of its rights and duties in the Agreements listed in Exhibit "A" to the COUNTI'. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a parte to the I"xisting Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a cope of all agrccments listed in Elxhibit "A" 2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look soh -.1% to the COUNT)' for the performance under the Existing Agreements. 4. This Agreement shall take effect on the same date of the transfer of maintenance respon. sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. FORM 722-92D i-80 PAGE 2 OF 2 t - 5. That the COUNTY, by Resolution No. 82has authorized execution of this Crossing Transfer Agreement by the Chairman and Clerk of the Board of County Commissioners on its behalf. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATF.OF FLORIDA •,.`DEPARTNII;NT OF TK.ANSPORTATION fly: (SEAL) . otan Director of Administration ATTEST: E—cutive Sr-retary COMPANY, Florl 1t- East roast- Railway C3Y:.. (SEAL) _ Prctiidcnt .A'ITTI"S T: Secretary Indian River COUNTY, FLORID ^F ,1111 iUllll Bl: �--� > r QHS L) plltl r -4 ATTEST: , X�' .. '\liliriit i•tl etc t'.p •1•ty,u[:. l,S'1!«tit:' i�v',.::]eii titiif ? 7 , 1)ci\TI)1UK1U:UI\1IU\l�1t Assi.�lant Allorne% ' 0 0 � O to � v� n O m rn O 3 rt O Z .. rt m 33 m ~ O D v z n m n N O V H n F' Z O i°, O -� ►tl z D C D W m z N o pt FA - W D tri G r � rt D v C7 O G rt N � N CJ ' � o r_ m v O N -1 N G) m 1 In m m Z v A m 9 cn Oo N• r (� y r+ Mm a w � m F+� I� ,;HLCKLD FILED • �$�'��-.`bac ' �'i17.�'k�Z l3+ Aa4,nist A. D. 195 , by and between �JOHN W. MMUIN, as Trustee of the. property of Florida East Coast Railway Company, and not individually, hereinafter called Trustee, said Florida East Coast Railway Company or its property in the hands of the Trustee being hereinafter culled "Railway", and THE STATE ROAD DEPARTMENT OF FLORIDA, (Address: Tallahassee, Florida), Hereinafter called the Road Department. WITNESSETH: That the said Trustee, 'Gr and in consideration of the covenants a:Sd agreements herein contained to be performed and kept by the Road Depart- ment, do hereby give and license unto the said Rcad Department the right and privilege to use as a crossing for public road crossinL purposes only, that Cotmir of lnaima prt of the -i Pk't o`' y and p rcbe-rcy of said Railway in the TLVU,r LVBUA ihWK4 9 �w I� AMCs ,ita.lrsT {tVa(:l iHaaa c?w sVao-�vvi A rectangular shaped parcv of land 80 feet in width nort1r-,e7ter3y and southeasterly extending n*rthaaster- ly and southwesterly across the right of way and. over the tracks of the Railway at 16th Street, Vero Beach, Florida, with longitudinal center line of said parcel intersecting tho center line of tho Railway's northbound swain track at a point 118 foot southerly from the Rail- way's Mile post :,o. 228 from Jacksonville, Florida. AA shown on print of the Railwayla plan Corr. File Z',�8-121 dated June 2.4, 1959. TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Road Department for the term of one year from date hereof, subject to renewal as provided in paragraph 7 hereof, or until terminated as hereinafter provided. In consideration of the rights, privileges and licenses hereby given by the Trustee unto the Road Department, the Road Department cove - pants and agrees with the Trustee as follows; 1. That said crossing shall be used for public road crossing purposes only across the Railway's said right of way and tracks, and no pipe, wire, rail or other line or structure shall be placed in or on said right of way or crossing without the previous consent in writing of said Railway Trustee. 2. The Railway, at its expense, shall prepare its road bed, ballast, ties, rails and other railroad appliances (but not including wires and pole lines) in good condition to receive tie permanent paving between the concrete headers on the outer sides of the outer rails (or where there is no header between the outer ends of ties of the outer rails). The Rail- way will also furnish, at its expense, supervision for all work to be per- formed by the State Read Department between the headers or ends of ties as aforesaid. The State Road Department shall furnish all labor and materials required'for culverts, grading, paving, and all other work required for the crossing (except as hereinabove stated), from right of way line to right-of- way line of the Railway. The State Road Department will bear the expense of raising or relocation of all pole or wire lines on the right-of-way of the Railway at the crossing, which may be required for clearance at the crossing: Where change of elevation or change of alignment is required for any one or more of the rails at the crossing, such work shall be per- formed by the Railway, and the State Road Department will bear and pay the reasonable cost thereof to the Railway. 3. Maintenance of the crossing shall be borne as hereinabove provided for the construction, except that the Railway, when it disturbs the paving between the headers or the ends of the ties, will, at its ex- pense, perform temporary patching or temporary restoration of such paving. 4. The Railway reserves the right to make any necessary or de- sired changes at any time in its existing; tracks or other facilities, or to install, maintain and operate any additional track or tracks or other facilities on its right of way at said road crossing. In such event all required changes in the road crossing structure or works shall be con- sidered new construction and expenses borne by the parties as provided in paragraph 2. 5. The, Road Department_ shall not take any action that will prevent or tend to prevent the operation of trains over said crossing. The Road Department hereby grants unto Florida East Coast Railway Company and its Trustee all necessary permits for the installation, construc- tion, erection, repair and maintenance of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement, and Florida East Coast Railway Company or its Trustee shall give the Road Department forty-eight (48) hours' notice of intention to perform any such installa- tion, construction, repair, erection and maintenance. 6. The provisions and stipulations of this agreement are a part of the consideration of the licensing; of the above privileges and crossing, and in the event the said Road Department shall fail to comply with any of the covenants and conditions, then this license small be void and said de- scribed crossing shall terminate, with full right on the part of the Trus- tee and Railway to re-enter and repossess the same if they shall elect to do so. a 7. It is further mutually at;reed by and between the parties hereto that as this agreement is for the term of one year, if said Road Department holds over and remains in possession of the hereby licensed privileges after the expiration of such term, or of any renewals thereof, this agreement shall be considered as renewed, unless thirty (34) da;s' written notice of the termination of the sane has been or is given by said Trustee, and shall continue in effect from year to year, subject to the same terms and conditions as herein contained, until terminated by said Trustee by giving thirty (30) days' notice in writing; to the Road Department of his intention to terminate the same as herein provided, or as provided in paragraph 8 hereof. 8. That this agreement is terminable (with,..t prior notice to Road Department) by the Trustee or his successors, including Receivers in Equity, or the assigns of the Estate, at their option, upon, the discharge of the Trustee as such, or upon the discharge of any succeeding Receiver or Receivers in Equity, any fixed period of time o_ any ether thing herein to the contrary notwithstanding, and in the absence of such cancellation, all rights of said Trustee hereunder shall inure to the benefit of his successors or the assigns of the Estate. 9• It is further mutually understood and agreed by and between the parties hereto that at the termination or the cancellation of this agree- ment, for any cause, or upon termination of Road Department's use of the crossing herein licensed, the Road Department shall remove, at its entire cost and expense, all improvements placed by it upon the said Railway's right of way and restore the ground to its original condition. 10. State Road Department agrees that automatic crossing protec— tion consisting of flashing lights, bells and gates, shall be inotalled at .� this crossing as a part of this project and that said installation shall be made by the $a sway. Second Party further agneas to reimburse the Railway for the total cost of said installation.' 11. State Road Department agrees that it will, at its ex - pause, roimbarse the Railway for the cost of (1) removing the soatherly 856 foot portion of the &ailwr_91e track- 'fin. a incl -- +, �a.y1,11, YK, turnout (2), the raising of EW feet, more or lees, of the Railway's southbound main track, and 1,200 feet, more or lose of the Railwaytotrack No. 3. 12. State Road Department further agrees that it will rale. burse the hallway for the cost of constructing a 1,235 foot double end aid - Ing having its northerly point of switch at the Railwayie Nile post No. 228 _plus 3,763 feet more or loon, as well as the expense of the pole and wire line changes at location of proposed 1,235 foot commodity track and drive- way made necessary by the construction of said public road crossing. 13: State Road Dopartment further agrees to reimburse the Railway for the Cost of constructing a 1,375 foot, more or less, by 20 foot wide servioe driveway located on the easterly side of the proposed 1,235 foot double and siding and a 220 foot, more of lass, by 20 foot wide access drive- way on Yate 10th Street, with all work being performed by the Hallway. 14. Railway, at Road Department's expanse, will install barri- cades on the present driveway on the north and south side of the proposed public road crossing. 15. wherever the word "Trustee" appears heroin, it shall refer to "Trustees," IN WITNESS XdIZiMY, the parties hereto have caused these pre_ sante to be duly executed in duplicate, each the day and year first above written. J. TURit.ER BUTLXR AND WILLIAM A. Signed, reeled and delivered HdLLO"'FS, as Truateos of the in�tha�presenc on property of Florida East Coast Railway Company As to Trustee ��—rte•-• ) ' Trustee THE 3T� ROAD DWARTD L'U Of gLORIDi B"o I've Director T r tor C2AJ1Y -aiJ i n� TQ !(lii(r; ;.�'C Atte t�� As to Road Dopar tm en t 'acretary _7 _ :SSISTAI R E S O L U T T U N s:�DD :;o. 7���1�� Section cJ-AO-2150 State Road 16th Street, Vero Bmw..1 County of lmditsn Fiver WHEREAS, the State Road Department, pursuant to a Resolu- tion cert -Lu ore adopted by the Board of County Commissioners of Inaien River county, required the readjustment of certain utility 16th Straet facilities on State Road No. Vero Beach , Section Lf6G-2150 and WHEREAS, certain invoices covering the cost of adjusting such utilities, which were located on private property, have been submitted to the State Road Depart,.ent for payment; and WHEREAS, this Board has reviewed said invoices and finds them to bo a reasonable charge for the services performed; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY C014- M1SSIONERS OF SAID COUNTY that the fullowi:-,g invoices be, and the same are, declared to be a proper expense incurred by said County for the acquisition of right of way for the construction of said road and the same are hereby approved for payment: VMZM= F,A.ILR MD s Florida East Coaat• Plail.way AMUNT : $5 7, 4W • W Cost Estircabe attached BE IT FURTHEM RESOLVED BY SAID BOARD OF COUNTY COMMISSION- ERS, that the State Road Department of Florida be, and it is hereby, re -quested and authorized to pay said invoices out of secondary funds accrued to the credit of this County. 0 t �1 v r wr r XL/ ( SEAL Chairman Attest: � Cl.erk o� Circ t Court of �r.,~`a, _ County, Florida, and ex -officio Clerk of Board of County Commissioners of said County.