Late last week our office recived the final three property title abstracts from the county attorney's office. We have now received every title abstract for every Gulf Front parcel of land on Perdido Key.
And what we found is that 64 of the parcels from the 1950's have language specifying a 75 foot easement on each parcel's southerly portion "for the public's use for a public beach."
But thus far, no other parcels we have found contain that language or anything like it delineating the public's right to access the beaches.
Here are the last three abstracts, here, here, and here. (Land's End, Parasol, Vista Del Mar) All of these are a part of the large property transfer from the State Department of Education in 1912. They describe mineral rights, petroleum rights, but no public beach access.
The attorney's office also looked through these three abstracts and provided the following initial observation:
"I have finished reviewing the last three abstracts. Unfortunately,
I did not find anything that reserved or established a public beach access
easement for Vista Del Mar and Lands End Condominiums and Parasol Subdivision. The plat for Parasol Subdivision does show a 100 foot
“general easement” over the southern portion of the parcels.
However, the plat dedication indicates that this was intended as part of the
common areas for the subdivision, but it would not create any rights for the
public-at-large."
SO WHAT HAPPENS NEXT?
I've emailed the county attorney's office with a request for one clean memo based on their legal opinion(s) on the abstracts and also the beach/dune restorations that have occurred out there over the years. I have also asked for one map of the entire area that delineates where the public can access beaches. Here is my email to staff.
"Hello Alison,
Thanks to you and Steve and the legal office for all your
assistance as we have sought a resolution on which beaches in Perdido Key are
actually available for the public’s use.
With the last batch of title reports, combined with the ones
we have previously received, I think we have a pretty good idea about the
answer to the question now.
The last thing I need from your office is a memo delineating
your opinion regarding which beaches are accessible by the public based upon
your office’s analysis of all of the relevant Gulf-Side title abstracts.
I believe it will be only the 75 feet easements from the 64 lots in the Gulf
Beach Subdivision—but by all means let me know if it is more than just those.
If we can do this, and simultaneously have the development
services department put together one final map of the entire Perdido Key area
delineating what we know about public accessibility, this will also be required
and I assume it will line up with what your written opinion is from your
analysis of the abstracts.
If possible, in the same memo----- I’d also like a
legal opinion to be included from your office regarding the persistent
questions I am receiving regarding historical beach nourishment by Federal
Agencies post Hurricane Ivan. Many believe this beach nourishment
(characterized as a “dune replenishment only”) should open up all the beaches
to public access due to the public dollars expended to restore the sandy beach
areas post storm. According to Tim Day, whom I have asked this question
multiple times and in multiple ways----the projects post-Ivan do not qualify as
projects that would trigger public access in perpetuity because in his opinion
such beach nourishments did not create “new” beaches by filling in areas that
were submerged. However, a number of reports post-Ivan indicate that the
beaches in Perdido Key were dramatically eroded, in some instances back to the
wood walkovers. So the question is, and I want a legal answer for, is
this: Would that not qualify as creating “new” beach when added sand
“restores” a previously existing beach? I need one final,
cogent, and accurate legal answer to that to answer the growing number of folks
who have asked this question over and over. Thanks in advance for
that—potentially most important—legal opinion.
Once I have the answer—I can work in conjunction with my
fellow board members—with developing the right policy(s) protecting property
rights but simultaneously recognizing the public’s right to access those
beaches to which they are entitled to access—along with the provision of safety
services (lifeguards) if this is legal and appropriate.
I hope you all enjoy your holiday weekend, and as with most
things, the sooner I can have this memo, the better."
28 comments:
You state you are trying to settle this beach access issue respecting ownership rights and public access. In reality, you have created a situation where ownership rights are being violated, and you have no respect for those of us who are paying millions in taxes and have no vote. The public is parking in private parking areas, private businesses and walking through private condominiums to try to access your 75 feet of beach which is already filled with those owners & renters who have paid to stay at the respective complexes. . Why don’t you do the public a favor and open up more public beach accesses to the 3 miles of untouched Perdido beach reserve where there could be appropriate parking, beach boardwalks and bathrooms - and all on the same side of the road to keep children from crossing the Highway. There are solutions to this situation but I guess those won’t make you appear as the savior that you wish to be. Never in my 40 years of coming to Perdido Key did I witness what I saw yesterday. The traffic situation is becoming increasingly worse daily. What have you done about that? And because of your words & actions you have encouraged people to put themselves in danger crossing streets at non-pedestrian locations.
11:26- I have opened additional parking and access at #4--and when we were in the process of doing it--folks like you sued us to try to stop it. And they lost, thankfully, and we won, and we DID open up 36 more spots for parking and effectively 500' of Gulf frontage for the public's use. You're welcome. But lots of folks (like you) were quite comfortable with the status quo, you know--- how it has been for about the last 9 years or so-- where the public (non- beach front condo owners) were scorned and their lawful right to access their beaches was withheld from them (both at access #4 which I have opened and also at the mile or so of Gulf Beach subdivision where the public had 75' access easements all along but recently where owners like you put no trespassing signs up to keep them out). Yes, it was very comfortable that status que where owners and guests used the public easement while citizens like me could not access these areas. That is changing, and you'll be happy to know I am going to open both more accesses and more parking--and I'll likely face more lawsuits as well. But we will beat those just like before. You said "you have created a situation where ownership rights are being violated"----Uh, no I am not. I am a rule obeying citizen and I never condone law breaking. I'm a by the book, play by the rules commissioner. If folks are violating your "ownership rights", report them to law enforcement. Meanwhile--what has been violated is the rights of all the rest of the citizens of this county to enjoy beaches to which they are entitled. That is changing, stay tuned and watch. To your point about traffic--Sorrento Road is being worked, since I have been in control of this area post-redistricting--I have led the effort to move the 4-laning of that state road from priority #18 on the TPO's list up to #8. It should have been 4-laned YEARS ago--but my predecessor KILLED the project to 4-lane the road once he took office in 2014. Do some basic research to figure that out. Now I am playing catch up. We also just spent a million on the roundabout that the folks in Perdido Key voted for. The state also just re-worked the intersections of Bauer and Sorrento, Sorrento and Nighthawk, and Innerarity, Gulf Beach, and Sorrento. Much more is coming, I can assure you. I'm also spearheading the effort to put a stoplight at Doug Ford and Sorrento--it is coming. Traffic can be bad at times--particularly in the season or on a holiday weekend when the weather is perfect. Call your state representative for this area and ask him to speed up the 4-lane process on their road, Sorrento, if you want to help. Get in the game and help us pull from the same side of the rope to get the state to 4-lane their road, that will be much more productive for you than taking shots at me (baseless ones, at that) from the back benches...
Mr Bergosh, just a quick note re: your above comment: "If folks are violating your "ownership rights", report them to law enforcement. " You'll be happy to know this weekend at Beach Access #1, the police did come for a dog on the beach, the POLICE told the security guards on the properties adjacent to Access #1 that they had NO RIGHT to turn away the public, it was public beach. They said they have the right to go 75' north of the water line and CITED YOU'RE name and your comments. I hope when this is all said and done that YOU DO INFORM the Police that property East of Perdido Skye is NOT PUBLIC except for the 50' access point. Law enforcement will not enforce this Some of the public is absolutely harassing the guards on these properties, disobeying the signs and say its all public and they can sit where they want. I hope you do correct this situation soon, my fear is pretty soon it's going to get really ugly and someone will get hurt. And God help the people who need rescue services at access point 1, there is no way any emergency vehicle can make it down the beach like they used to at that point. You are putting people at risk. We saw what first hand happened over Easter Weekend, the saddest thing I've witnessed in my life, if that had happened this weekend it would have been even worse.
Imagine owning gulf front property, and on the closing evening of a beautiful, long holiday weekend, being so consumed with a greedy battle to preserve your exclusive beach, you’re trolling blog comments for some sort of remedy. Just take a deep breath, chill out, and enjoy the beach. Or maybe just stick to the balcony for a bit.
Commissioner Bergosh inherited a total mess. It’s still a mess, but we are no doubt trending in the right direction. Keep it up.
Thanks Commissioner Bergosh. I know there is a law that if SanDisk taken from the water and added to the beach directly then no doubt it is public.
Year after year sand was added in the past and the reason federal funds were expended was because it was documented that it was for a public purpose because of the public accesses.
Of course we know what happened starting about 2014. And before that actually.
Seems to me, the BCC could just simply write a customery use ordinance and open it up end to end.
Problem solved.
Ask Tim to show you the document they used to get the federal dollars to do the dune replacement. Highlight the paragraph where the county said to Uncle Sam there was a public purpose because of the four public accesses.
Yes again if sand is taken from the state water to add to the beach, it is a state law, then it belongs to Florida, as in the public.
Hi Communist 👋🏼
This is the thought process you started Commissioner and you refuse to put a stop to it. First, you ran to the media telling them about this great discovery before you had any copies of the original deeds and now we know it's not completely what was thought. Now you have people that think if you dredge up some sand and put it on private property then that parcel is now public. Somebody really needs to put that pipe down. This is going to end up in court and I'm not talking about the property owners. Somebody downtown screwed up.
Did the property owners invite that sand replenishment project?
I’m not an attorney, but it would seem to me that replenishing a private beach would make that beach public ONLY if the property owners invited the government in. Did that happen?
Surely, government cannot simply add sand to someone’s private property, then seize that property. Not in the United States of America, anyway.
Where are the records of that sand replenishment project? I don’t understand why a project like that is such a mystery.
Did Escambia County obtain permission from the property owners to perform that replenishment, or did Escambia County simply replenish the dunes without permission in order to protect the public roads?
I cherish beach access as much as anyone, but I’m not willing to allow government to seize private property simply because I covet someone else’s property.
Long time resident, first time poster here.
There seems to be an obvious solution here:
1. Improve the public beach access areas: Most have bathrooms that are not functioning and have port o pottys onsite instead. This is disgusting and embarrassing. Add parking to these areas and improve the facilities for your citizens that you claim to be fighting for.
2. Add additional public beach access points to areas with public beaches not private ones. There is plenty of state park/public beach to the west of public beach access point 3 and the state park entrance. Add access points, parking, restrooms, facilities, in that area. Actually make it nice instead of putting out port o potty's.
3. Increase parking for public beach areas that are on the beach side of the highway.
4. Encourage the public to utilize the Johnson Beach area.
Problem fixed.
Instead, encouraging the public to flood private beaches due to this 75' ordinance is going to cause an unsafe situations. You now have:
1. People parking in retail/private parking lots that are not for typical public use and taking away spots of paying customers which will frustrate these businesses and get public citizens towed away.
2. Families crossing busy streets where there is no pedestrian crossing. I have already witnessed this with a couple kids already nearly getting run over.
3. Uninformed public not understanding what is a public access point and what is not.
4. Overcrowded beaches that are making condo owners and renters upset. Imagine a renter being told they are paying money to rent a private beach and showing up to an overcrowded beach. You think they will want to come back to this great area and spend more money?
5. Public trying to enter private buildings in search of restrooms.
6. Property owners feeling slighted and wanting their tax money back for that area.
Basically, everyone is frustrated instead of following an easy plan and creating a simple fix.
Jeff Bergosh more like Jeff Bergoshyoucreatedacompletemess
OH NO NOT MORE UNFOUNDED LAWSUITS THAT WILL COST THE CONDO ASSOCIATIONS A BUTTLOAD OF MONEY WITH ZERO RESULTS.
Same squawking, same talking points we heard with Beach Access 4. Now Ellen Kennicott Fortinberry, who was one of the loudest disinformationists railing against Beach Access 4 and the calamities it would bring, gushes about the County's wonderful implementation while wringing her hands about parking. (She what she did there?)
County gets sued all day long over nonsense. This one's actually for the public good, for a change. Let er rip.
Government absolutely has the right to emminent domain property to protect resources. If there is a public purpose. Like they did to protect the road through there on a documented critically eroded beach.
Did the county follow through after requesting the federal dollars for the beach restoration projects.
Check the agenda about 2014.
#Askkeithwilkins
Just do a customery use ordinance.Or complete the eminent domain.
Finish what was started.
#CYA
You know this is also behind the stupid road swap. Put all the liability on the county.
What an idiotic move that was.
Haha.
Commenter who states he can control government from exercising emminent domain to protect public resources.
What is he going to do?
Repeat the same garbage over and over thinking it makes sense the more time he types it.
His reputation proceeds him.
Correction to Anon 1130. The eminent domain discussions were about 2011. Correct .. it is on the county agenda on file brought and forward by Keith Wilkins. 2011.
I think if an attorney wanted to pursue litigation it would be found the county is in the wrong for getting the federal dollars for beach renorishment and Dildo Doug and PKA chiming in stopping the process.
As well as county staff and commissioner before that on about 2011.
Smells like fraud.
Customery use ordinance in the short run will calm that down.
Until the next hurricane over takes the key and breaches the now county road.
#waitforit
Avoid the lawsuit and go ahead and finish the process.
#Openthebeach.
Is PKA laying low? Rat Finks. 🐀
Shows past D2 commisioners were more interested in votes than following the law. Sure put the county in jeopardy. I'm sure they put pressure on staff also.
Pedro Dikey,
What you said sounds like a fantastic plan where everybody wins. I don't see why we can't come to a compromise with that type of plan. Sounds like it would be good for the condo owners, renters, private businesses, public beach patrons, and the entire community.
Let's make Perdido Key a better place with your plan instead of the current commissioners' enforcement that is turning everyone against each other.
Pedro, have you thought about running for office? Because I would definitely #voteforpedro
Yes Mel. EKF tries to sound like some sweet ole Gran Ma.. "edit for profanity dearie"
All the while acting as a front runner disinformation water carrier.
SOP for ECW
Does JAR know how much joy she brings to con artists by being such a needy useful nerd.
Like SNL... Molly SUPERSTAR..
#voteforpedro
I like what you’re preaching, Pedro.
#voteforpedro
Eff Pedro.
Pedro wants clean public restrooms. You don’t like clean public restrooms?
#voteforpedro
Vote for #LAME-EY
Always comical reading posts from people who have zero knowledge of real estate law.
Eminent Domain doesn't mean the government can come seize property when they choose for any reason. Let's just assume an eminent domain proceeding occurs......Ocean front property isn't cheap in Escambia or anywhere and it doesn't mean the county gets the land for free, its fair market value which would costs tens of millions of dollars.
Why do some people want a BAD fix to the beach access that they don't have legal rights to? This will become a long and lengthy protracted battle where only the attorneys win and millions of dollars will be spent on both sides, one side being the government tax dollars.
Develop access to the miles upon miles of beach that is currently unused. This would cost a lot less money and create a better product and could be done rather quickly. Build nice facilities including bathrooms and food trucks, ample parking and spread the people out.
Why does everyone want to be packed in on top of each other anyways?
This whole debacle smells of a political publicity stunt that has gone terribly wrong.
8:17 - you are right on! Bergosh gaslit the situation with no regard for how access would be handled, no plan for rollout of information to his tax paying constituents that he represents of their rights or and no consideration of informing deputies on the areas that have public access and those that don’t….just pour some gas on it, strike a match and laugh as the chaos ensues - pumping his chest that he’s returning the beach to to citizens. Instead, he should have gotten all the facts, had a Townhall meeting, which included the sheriffs department and advised the owners/public responsibly. It’s ok Jeff, we will do all the dirty work for you. Fill your gas can and on to the next issue. A ego-centric commissioner, living off the citizens, that thrives off gaslighting - can’t make it up.
I agree with 8:17 PM and 8:37 AM posters. This screams of Ego and pandering to the electorate. Odd that Jeff Bergosh didn't respond to Pedro's very sensible plan that would solve the problem. Instead, he is gaslighting the situation as others have mentioned. He also had a childish response of vote for lame-ey.
How bout do something where everyone wins in the end instead of trying to make public beachers and owners/renters at odds with each other? No, not Jeff. Thats not his MO.
#fixthebathrooms
#voteforPedro
Where you at, Jeff? No response to these sensible beach access solutions that have been mentioned above? Is it because they don’t fit with YOUR plan of causing chaos so you can be portrayed as a hero of the people? Or are you too busy with that public records request on an another issue that you messed up?
Hey 108.
What are the condo owners going to do when the Gulf swirls around the base of the buildings and stays there when this next hurricane hits?
I have a right to express my opinions - just as you do - and especially since I seem to have no representation in this issue. The commissioner is most definitely on your side and is very dismissive of any views that oppose his. I never troll blogs - this is the absolute first time I have ever posted on one. But just take a moment to recognize that owners & condo renters should be heard too - they pay millions in taxes and spend untold dollars each year at local venues. Take that away - and what do you have? We love this place as much as you do. How sad this world has become, though, with all of the arrogance & hate that surfaces when someone doesn’t agree with you. It is frightening.
1:08--I'm busily wrapping up several issues with bows. All at once. No, I can definitely walk and chew gum simultaneously which is what this job requires. The only chaos I am creating is identifying new beaches where citizens, you know, the taxpayers, can go and where they should have always been allowed to go. I know that probably burns you up. But setting that aside, always remember I am a rule follower. We have completed, as of tonight, the whole evolution on examining titles and legal opinions. Yes, to your great revelry and satisfaction, there are in fact several properties on Perdido Key where the beaches (sandy portions) are private. Here's a newsflash for you: we will respect that and I will follow the rules. But for all the areas that are public (and have always been)--we are going to open them up. And we are going to do more parking and access points as well. We will have restrooms at our access points, but they will be of the type that are not succeptible to the chronic vandalism and destruction that the current ones have absorbed at significant taxpayer expense. We will make additional room for parking and have portable restrooms which, if vandalized, can be serviced much quicker and at less cost than fixing broken sinks, toilets that have been smashed, pipes pulled from walls, etc. that we have seen at the un-monitored restroom facilities at Perdido Key. More access, more parking, functional toilets, and less vandalism! get behind that platorm, or you can #VoteforPedro LOL
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