Agenda Item Name:
Title
Acceptance of the Warny Donation Subject to Access Issues
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Presenter:
Charlie Houder / (352) 264-6804
Description:
Staff requests authorization of the Board of County Commissioners (BoCC) to accept the donation of property from Pierre and Nancy Warny subject to membership in and an assessment by the Watermelon Triangle Corporation, and waiving the Board indemnification policy with respect to the CSX Road Grade Crossing Easement.
Recommended Action:
Recommended Action
1. Authorize the acceptance of the Warny Donation subject to membership in and the assessment by the Watermelon Triangle Corporation, Inc.
2. Waive the Board indemnification policy with respect to the Corrective Road Grade Crossing Easement from CSX Transportation, Inc. to the Watermelon Triangle Corporation.
3. Authorize the Chair and the Manager to execute documents to close the transaction.
4. Authorize staff to pursue actions to reduce, cap or eliminate the County's liability under the Crossing Easement, including requesting Watermelon Triangle Corporation, Inc. to obtain the insurance specified under the Crossing Easement to cap the County's indemnification obligations, securing a new or separate crossing easement from CSX Transportation, Inc., or secure additional insurance from the County's insurance broker
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Prior Board Motions:
12/8/2020 - The Board approved Resolution 20-127 accepting the donation of real property from Pierre R. Warny, Jr. and Nancy H. Warny, husband and wife.
Fiscal Consideration:
Fiscal Consideration
The Corrective Road Grade Crossing Easement from CSX Transportation, Inc. (CSX Easement) requires that Watermelon Triangle Corporation, Inc. (WTC) and its members to indemnify CSX for damages and injuries resulting from the use of the crossing, and it also requires WTC to maintain liability insurance. The premium is divided among paying members. Currently, there is no cap on the liability of WTC and its members under the Crossin...
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