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HomeMy WebLinkAboutAgreement_General_01/20/1964 IL W S N e N N a OQ� O H 0 O• m ' `_D 3 H CL o � m 7 � T �• cu SL In In � d Cf ';D 3 D O 0 w � m FLOP s • • S A PTMENT MEMBERS JOHN R.PHILLIPS I WARREN M.CASON TAMPA CHAIRMAN 1 RALPH POWERS LAKE CITY WILLIAM T. MAYO TALLAHASSEE TALLAHASSEE JOHN H. MONAHAN FORT LAUDERDALE AMAX BREWER TITUSVILLE February 13, 19- Safety -4 Tequesta Water Company, Inc. P. 0. Box 98 Jupiter, Florida. State Road TOZJob No. 93090 -3110 Gentlemen: Attached is approved copy of your application for permission to construct, operate, and maintain an 8 inch water main along a portion of State Road. TOT, Job No. 93090 -3110, in Palm Beach County, Florida. Yours,, J. P. Herndon Engineer of Maintenance JPH:gkb Attachment cc: Mr. C. E. Davidson District Engineer State Road Department Ft. Lauderdale, Florida APPLICATION ------------------------------------ --............... --------------------------------------------- a corporation under the laws of the State of Florida, and having its principal place of business at --- Tegiieata .............. in said State, hereby makes application to the State Road Department of the State of Florida, for a permit to construct and maintain a --------- 8 inch - . Water --- main --- -------­--- ---------------------------------------- on that portion of State Road No --- 7Q7---- ------ between and . t3r_- - -__ -_ Raa.Sl. -Beaeb ................ County, Florida, and submits herewith plans and blue prints which are attached hereto and made a part hereof which set out the proposed construc- tion .and maintenance. In the event that said permit shall be granted. the applicant agrees to accept the terms thereof within twenty (20) days from the granting of said permit, and to commence actual construction in good faith within sixty (60) days from the date of said permit. Applicant agrees that in the consideration of this application such further information as may be required by the State Road Department will be promptly furnished. Applicant declares that, prior to the filing of this application, due notice was .given to all pole and wire users on said section of State Road No ---- 707 ...... and attaches hereto copies of its letters addressed to said users, notifying them that this application would on the ._„, .. . day of z.........., 19���% be duly presented to the State Road Department. --• - MQ TA.. a.�TEft..CC?,3PANY, • INC. By- - - - - - Attest: - W. Offutt, III Presdent. ----- Place Jane F . Offutt,� Secretary. Corporate Seal Received-•---------------- •- •--------------------- - -•• -- ...... 19 ............ .......... ........ ............................................................. ............. 1 ORDER GRANTING PERMIT In the Matter of The Application •-•--- -.t of ---- .. -- . ts m - •---------- •---- •--- ••- •- - - -... to 00 Am p for a permit to construct, operate, and maintain a facility, with the necessary appurtenances, along a portion of State Road No. --.-W - - -- --- --------- ---- - - - - - -- in -. -•-•------------- ------ ••- •--- ••••- •••---- • - - - -- County, Florida. Theapplication of - - -• -•• --- •- - - ft-mm. O -- &---------------•------•-•-•----.............---------- .............-- •-- -..... for a permit to construct, operate and maintain a facility, with the necessary appurtenances, upon a portion of State Road No..... - - -- between - ' ! . A. t .. and in ....... 21".21140 .... ............. County, Florida, having come on regularly for hearing on the ................ day of ...................... ............................... 19 ............ , before the State Road Department, under the provisions of resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April 2nd, 1926, March 18th, 1938, July 28th, 1949 and August 26th, 1949, and it appearing that all requirements have been complied with in making application by the holder, it is, ORDERED that a permit be, and the same hereby is, given and granted to - -- -------------------- - - -• - -- -- .• ... ............... ............................... herein referred to as the "holder," to erect, construct, operate, and maintain .... ...--------- ••• . .. .. ...... .. .. ...... ... . .. . •••••....... .............................•........ ......._......................, herein referred to as the "facility" together with the necessary appurtenances, on' the following described portion of State Road No.:.' ....... between - AXAi!UM -AINU and -.MW in ... .....2bl& .AM&* ................... County, Florida, terminable and subject to the following special terms and conditions: (1) It is expressly stipulated that this permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or to vest any property right in said holder. (2) (State here any additional special terms or conditions) : ...................................•...----•--•----.......------- •---- -------- •- ••--- ..... - - -• -• ---..........------...........----••-•-........._....------••-------- ••------ •-- •- •------ • - - - - -- .-•---•-••--•--••-----•--•-----------------------------•..._.._ ................................. .............:-...-•----.......----------•-------------------.... ...----- •••-- •....._........... -------------•-•,---....-•----------......------------......------ ........-------- •------ • - - - - -- ---•----•-•-------•------•--------------•-------------•-•--•------------....__..._......._---•-- --• .....................•-.......------...---------.....------.........................................................---------.------.............------------..........------•---------------- _....-•--•---•--•--• ..................•--------.........•--...------------ •....--- .............. ............. - ................................................. ...... ....... _................. 2 This permit is granted subject to the following general terms and conditions: 1. Said facility shall be erected, constructed, installed and /or operated and maintained on said high- way by holder only as herein provided and as shown on said plans and maps or blue prints attached hereto as a part hereof. 2. Only one line of poles, wires, pipes, or cables shall be erected, constructed, installed and /or main- tained, and the same shall be at least ___________________..__feet from the center line of said highway, unless other- wise shown on said plans and maps or blue prints. 3. All poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be erected and maintained at all times so as not to interfere with the use of said highway for travel. All wires along or across the roadway shall be erected and maintained with a minimum vertical clear - ance at least as great as that prescribed by the Safety Rules for the Installation and Maintenance of Elec- tric Supply and Communication Lines, National Bureau of Standards Handbook 81, U. S. Department of Commerce, which were approved by the American Standards Association on June 8, 1960, and adopted by the State Road Department on January 17, 1963. Guy wires or any other wires shall not cross roadway except where necessary. 4. It is expressly agreed by and between the parties hereto that this permit is granted upon the condition that at no time during the operation and maintenance of an electric power line shall the operating voltage on said power line exceed 13,200 volts. It is further agreed that the responsibility for strict compliance with this condition shall rest entirely upon the holder and upon any violation thereof this permit shall, at the option of the State Road Department, be revoked, and, upon notice of said revocation, become null and void, and of no further effect. Upon such revocation the holder shall promptly remove all poles, wires, cables, and other installations from the right of way. 5. In constructing, operating, maintaining, and repairing said facility and the appurtenances thereto the holder shall conform to any requirements made by the State Highway Engineer, or any State depart- ment officer authorized to supervise and regulate such work and utility for the protection and safety of the public; and such construction and maintenance shall at all times conform to the requirements and standards as fixed and adopted by the United States Bureau of Standards. All electric facilities shall be constructed and maintained so as to cause the least possible interference with radio reception. Subject to same terms and conditions, holder may take such safety measures, including placing and display of caution signs, as it may deem necessary in conduct of construction and maintenance work hereunder. 6. The work of constructing, removing and relocating any and all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be done at the expense of the holder, and without interference with traffic upon or along said highway, and to the entire satisfaction and under the supervision of the State Highway Engineer; and none of such work shall be undertaken or carried on without ten days' written notice having been first given to the State Highway Engineer. 3 7. Any and all damage or injury, done or caused said highway or any portion thereof in the construc- tion, operation, maintenance or repair of said facility shall be immediately repaired and reconstructed under the supervision and to the satisfaction of the State Highway Engineer; and in the event the Bolder shall fail, neglect, or refuse to repair and reconstruct said damage or injury to said highway immediately, the same may be done by the State and the expense and cost thereof shall immediately be repaid by the holder to the State. 8. No trees or shrubbery on or directly adjacent to the right of way covered by this permit shall be cut or trimmed by holder, without first securing the permission of the State Road Department, and such permission when secured shall be exercised under the supervision of the State Road Department. The holder shall clear the right of way of all debris resulting from the exercise of this permit. 9. (a) This permit is not exclusive and the State reserves the right to grant permits to other persons or companies to use the highway or any part thereof covered by this permit for the same purpose as herein authorized or for any other purpose authorized by law. (b) If the highway or any portion thereof, upon which this permit operates, is occupied and used by the same kind and character of utility, or a similar utility or facility, under a permit heretofore granted by the State, which prior permit contains a common user clause, this permit shall be deemed to grant and authorize only the use of said highway or portion thereof, in conjunction with the holder of said prior permit and under the terms of said common user. clause. (c) Whenever there shall hereafter be granted a permit to use and occupy with the same or a simi- lar utility all or any portion of the highway herein authorized to be used, and occupied, the holder of this permit shall permit the joint use and occupation of its poles and structures placed upon said high- way, or portion thereof, under this permit by the holder of such subsequent permit, upon such terms and regulations, rentals or compensation as shall be just and equitable. If the holders of said permits are unable to agree upon the terms and regulations, rentals or compensation for such common user, the same shall be submitted to three arbitrators for decision, one of said arbitrators to be named by each of the holders of the permit, and the third arbitrator to be selected by the other two; and the decision of said arbitrators shall be binding and conclusive on the holders of the permit. (d) Telephone and telegraph utilities shall be deemed similar utikties within the meaning of that term as used in this paragraph. 10. Whenever necessary for the construction, repair, improvement, alteration or relocation of all; or any portion of said highway as determined by the State Highway ,Engineer, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from said highway, or reset or relocated thereon as required by the State Highway Engineer, and at the expense of the holder. 4 11. Upon the failure, neglect or refusal of the holder to immediately do and perform any change, removal, resetting or relocating of any poles, pipes, wires, cables or other facilities, or any repairs or reconstruction of said highway herein required of the holder, the State may undertake and perform such requirement and the cost and expense thereof shall be immediately repaid to the State by the holder. 12. Any breach of any of the conditions and requirements herein made, or failure on the part of the holder of this permit to proceed with due diligence and in good faith, after its acceptance, with construction work hereunder, shall subject this permit to cancellation after a hearing before the Chairman of the State Road Department, of which said hearing the holder shall be given at least ten days' written notice, if at that time the holder is a resident and doing business in the State of Florida, otherwise by publishing a notice of said hearing once a week for two consecutive weeks in a newspaper of general circulation in . ............................... County, Florida, the last publication to be at least ten days before the date fixed for said hearing. 13. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the holder, and the holder will, at all times, assume all risk of and indemnify and save harmless the State of Florida and the Department from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. 14. The holder shall save and keep the State of Florida harmless from any and all damages, claims, or injuries that may occur by reason of the construction, maintenance, and operation of said facility. 15. The holder shall, within twenty (20) days from receipt of a copy of this order, file with the State Road Department at Tallahassee, its written acceptance of the terms and conditions of this permit. 16. This permit shall be null and void unless actual construction under the terms and provisions hereof shall be commenced in good faith within sixty (60) days from the date hereof. 17. The State reserves the right to alter or amend the permit hereby granted, in any particular, through its State Legislature by general law. 18. This permit is granted under the provisions and subject to the conditions and requirements of said resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April 2nd, 1926, March 18th, 1938, July 28th, 1949, and August 26th, 1949. "-p z. Dated at Tallahassee, Florida, this ..................... day of .................... _ .. , .____..:_ .-- ...._......., 19 ........... APPROVED AS TO FORM AND EXECUTM THE STATE ROAD DEPARTMENT OF FLORIDA THOMAS T. COBB, ATTORNEY, 8. R. D, By: 1(: °. • ------------•--------,--------------------------------- I'l hE'u "I 11 RECT06! C ) of epartment. State Road D BY f Attarno Resident 5 i ACCEPTANCE TO THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA: ---------• •--------- • •----- • •--- - - - - -- - •- -• - - -- 'Ys - -- K ..................................................... hereby accepts the terms and conditions of the foregoing permit to erect, construct, operate and maintain a ....8 - . inch -- water - -It ain .................•-----••-----• • ----- ...----- • - • ---- • - - - - - -- -with the necessary appurtenances, on the following described portion of State Road No......7.Q7...... between •,xi —sti .,z._$•-in-eh__water. rl...... and ---- . DaXti 11.- GOUIJl Y------------ ------ •------- - - - - -- Palm Beach County, Florida: in .................. - - -- . along ... the_ �e�t.._; �id� __.�a�gh�- ��- �?�y_�._..3._feet_ East_ of _ the West right -of =way_ line. ---------------------------------------------------------------------------------------- •• - -• -•• -•---------•--•----------••-•--------•------•--•----•-•----•--•-•----•-••••--------•------------ ------•-•---•---.....--•-•-•••-•--•••------••-------------•----•--- •- •---- •--------- •••--- - - - -•• ------...---------------•••-•----------•••-----••------•----••••--•------------•---------------- -•-----•--..........••-------------••------•----------------•------•••-•----••••------••---- ...............------- •- - - - -•- ........................................ ----------------------------- - - - - -- ------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------------------------------- - - - - -- ---------------------------------------------- - - - - -- - - - - - -- ------------------------- ---------------- - - - - -- ------------------------------------------ - - - - -- ----------------------------------------------------- ------------------------- - - - - -- ----- - - - - -- •-----••------•-•------•••• •-------- •- •---- •- •••-- •- - - - - -- --•-•-----•-------•------••-•--- •----- •- ••----------- •• - - - - -- ----------------------------------------------------------------------- said permit having been passed and approved by the State Road Department, at Tallahassee, Florida, on .................................... day of ....................................................... 19 ............. IN WITNESS WHEREOF, said ................ IF TA. ?TA FI.CQ , NY�...ING...s....------- • - - - - -- has ceused this acceptance to be signed by its President and its corporate seal to be hereunto affixed, attested by its Secretary, this ......... ::' _- _....._.. day o f � � �f . ..................... I 19• --- �. .- ..- . -. -_TE U STA..: 17AT ER.. CWAXX4 ...IRG- •------------- - - - - -- By Attest: George 1. Offutt, III President. ......................... --- q- - -, - �� Jane P. Offutt, � Place corporate seal (NOTE: —In order to expedite the granting and acceptance of the Permit, it is suggested that the acceptance above be executed at the same time the application is executed.) 6 Dec. 20, 1963 Southern Bell Tel. & Tel. Co. 326 Fern St. West Palm Beach, Fla, Re: Installation of Water Main in West R/W of NEW State Road 707, Jupiter Island. Attention Mr. J. P. Jenkins District Engineer Gentlemen: r This is to advise you that we are planning to install an g" water main in the West right- ©f-way of the NEK State Road 707• This main is to run North, extending from our present main at the North and of the property of the Jupiter Island Apartments, to the Martin County Line, a distance of 1.167 miles. If you will be so kind as to advise us of any of your utilities, either aerial or underground, we will appreciate this information, It is our intention to start work on this installation in about three to four months and your kind co- operation will be appreciated. Very truly yours, TEnUFS TA WATER COMPANY, INC. T. H. Stagg, Manager tsdc cc: Florida State Road Dept David H. Brady, Brnkineer Dec. 20, 1963 Florida Power & Light Company P. 0. Box 31 Res Installation of West Palm Beach, Fla. Watermain in West R/W of New State Attention Mr. B. V. Correll, Manager Road 707. Gentlemens This is to advise you that we are planning to install an B" grater main in the Nest right of way of the New State Road 707. This main is to run; North extending, from our present main at the North end of the property of the Jupiter Island Apartments, to the Martin County Line, a Bistance of 1.167 miles. If you will be so kind as to advise us of any of your utilities, either Aerial or underground, we will appreciate this information. It is our intention to start work on this installation in about 3 to 4 months and your kind co- operation will be appreciated. Very truly yours, TEQUESTA MATER CO PANi, INC. T. H. Stagg, Manager act Florida State Road D David H. Brady, Engineer Form 627 -2 USE PERMIT Sheet 2 of 2 SKETCH SHOWING PROPOSED UTILITY CONSTRUCTION MAI ��� acs E71 R/W Line C/L S.R. No. �'•S - s R/W Line 74 01 C 1 / 4 971 N PLAN SKETCH OF INSTALLATION (not to scale) W es T p a � JI cc �r h 1 7 1 TYPICAL RURAL CROSS SECTION (not to scale)