Wednesday, May 24, 2023

Five More Perdido Title Abstracts Received--No Signs of Public Beach Easements Included....

I spent Sunday afternoon in Perdido Key--driving the roundabout from every angle (it works, by the way, if one utilizes the appropriate speed and yields to traffic in the roundabout) and going to each of our public access points and walking up and down the beach.  Some complexes are complying with our sign ordinance, others are not.  Going forward, it appears as if large portions of the beach will open up for public use--but multiple complexes, so far as we can tell thus far, will indeed have private beachfronts as their titles have no public access easements listed.....

Late Monday I received the latest batch of detailed title abstracts from parcels on Perdido Key East of Perdido Skye.  All five of these appear to be from the same batch of parcels that were sold off to local interests in 1912 by the Florida State Board of Education.  As I skimmed each one, I found no language, easements, reservations or any other encumbrance that spoke to public beach access on these parcels.

(read them for yourself here, here, here, here, and here)

Yesterday, I received an email from our attorney who also reviewed these abstracts, and who found essentially the same thing--albeit with a slight disclaimer in his final sentence, below:

"Commissioner:

 I was able to review the most recent batch of abstract reports more quickly than anticipated because the properties have a common chain of title.  Unfortunately, I did not find any references that affirmatively establish a public access easement, although there were several references to that possibility.

 Steve

 Stephen G. West, Senior Assistant County Attorney

Office of the County Attorney"

So what does this mean?

It appears, thus far with only a couple of more abstracts to examine, that the parcels to the East of Perdido Skye do indeed have "private" beaches---as do the parcels directly west of the state park going over to the state line.  That is what we have found thus far.

But-------a HUGE stretch of 64 parcels' worth of beachfront DO contain easement language for public access to public beaches.

So, once we have the final abstracts and have examined them--I will ask the attorney's office to write a comprehensive point paper covering this topic from which the board can make an informed policy decision on how to proceed.  As I have said all along, I respect the rules and the parcels that have private beaches to the water will be respected and the ones that have public access easements will be openend.

And access #1 and #4 will be tricky---but #2 and #3 will be opened.  I will also work hard to bolster safety at #2 and #3 by adding lifeguards and towers as quickly as we can.

I am also going to speak with Represntative Alex Andrade about what the county would need to do to take over and open up the parking facility at the State Park out there that is underutilized due to a partial closure that has gone on for a long time.  I attempted to reach him yesterday and will do so again today.

More to come, but I am working a plan that will provide for more parking safety and access but respects everyone's rights.


10 comments:

  1. Since the beaches had sand added they are public. Just write a customary use ordinance and open them all up.

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    Replies
    1. Excellent! Then you, Commissioner Bergosh and the rest of the public can pay for the next sand dune at a cost of $300,000 the next time it gets washed away in a storm instead of my neighbors and me having to pick up the tab on our own.

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  2. These beaches were renourished. Please, continue advocating for a restoration of our public access from Johnson Beach to the state line. Use this momentum, keep pushing for more. The theft from the people of Escambia County should have never happened. We now know that with certainty. This wouldn’t be the first time that back room, shady dealings of the wealthy & well connected in the 1970’s, were brought to light and made right. Don’t give up, make this right.

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  3. I love what you said about opening up the state park. More parking along that area would be awesome, even just allowing roadside parking through that stretch, especially around the areas that already have beach walkovers.

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  4. 548. No private funds were used to the beach. Federal funds were spent and countless state dollars. Public money on studies. Also county money and time.
    Stop passing on LIES.LIAR.

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    Replies
    1. I beg to differ sir and unless you live out here and paid for the sand it is not your business. We paid 6k each unit to resupply our beach so it remains private. It did not come from an hoa. Hopefully we will become a city and get rid of jeff.

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  5. Anon. 548 If you think the money you paid into an HOA was used for putting a sand dune in, perhaps,you should ask for an accounting of those dollars.

    Some one pocketed it. The sand was put there using Taxpayer money.

    The best thing would have been to never allow ANY structures AT ALL to built on vulnerable coasts in the first place. Even building roads and mbridges really is a waste.

    Shifting sand is a given.

    Greed and selfishness has ruined Florida.

    We see you.






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  6. Hey 5:48 we already subsidize your insurance, so why not? Better yet, how about we let nature just do its thing and go with that. Anything built on a "barrier island" can also be "self insured."

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  7. Per the county, properties have until jun1 before compliance is enforced

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  8. Sir, if you think the roundabout works, maybe you should visit on a day other than a Sunday afternoon. How many vehicle crashes have happened since it opened? And what was the determining factor for the crashes?
    Roundabouts do work if they are designed correctly. I consider this one a tennis ball when it should be a basketball.
    It’s too small period!

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