PERDIDO GATE Part IV: Interesting Case from the Late 1970's Effectively Extinguished Public Beach Property Access on one Perdido Key Parcel

As I have written about in multiple posts to this blog over the last several weeks--there are areas of Perdido Key where, historically, the beach portions of properties deeded from the government included express provisions guaranteeing the public's access to the beaches of Perdido key.  In perpetuity.

Sadly we are now finding multiple instances where this is not the case.  I say sadly only because I know the vast majority of the folks I represent favor public beach access on our area's beaches, just as I do.  Because I grew up with that access---- a thing that these days is becoming more rare.

But with all that said, I remain a rule follower in my capacity as a county commissioner--despite my gut feelings, wants, wishes and personal preferences.  With all this in mind, I took no pleasure in finding out about this ruling from the late 1970s where the local circuit court removed language from a previous deed, quieted the title, and eliminated the public access requirments from a large parcel on Perdido Key.

It is the parcel immediately adjacent to our current Beach Access #1 so far as we can tell.  I don't have diagrams, drawings, parcel maps or survey drawings--just the judgement.  

The judgment, apparently done at that time in conjunction with what the county's wishes were--allowed for that deed to eliminate and effectively extinguish the public's previously established access to the sandy beach in exchange for an access totalling about 50 feet for the public on the west of the parcel, and a small 10 foot easement at the far east of the parcel for the public to access the beach.

The surfacing of this ruling was made known to me by Tim Day a county employee very familiar with the historical issues on Perdid Key.  From his email:

"This 1976 ruling appears to eliminate the public right to the beaches in the area of Access #1.  

 #4/#6 appears to remove all public interest in the parcel above the normal high tide mark (1976) in exchange for ½ of what we know today as Access #1 and a 10’ pedestrian access that currently exists at the E end of Sandy Key."

First, this action in the circuit court came and was concluded after the parcel was, apparently, abandoned for many years.

Interestingly, however, came the revelation that the "Pensacola Chamber of Commerce" had made the original transer of the deed and had insisted upon the public's access.

Which begs the following question(s) (which I have asked and will be asking):

Could the rest of the nearby parcels have been follow-ons from this original transfer from the Pensacola chamber of commerce at that time--in the early 1900's---like this particular parcel?  

-----And, if the answer to that question is "yes"---might it be the case that the other four nearby parcels have always had language in their deeds mandating some sort of public accessibility?

We should know the answer to this in about a week, according to last evening's email to me from County property attorney Stepen West:

"We have located a title company to prepare abstracts for the Sandy Key, Grand Caribbean, Beach Colony, LaPlaya, and Sundown condominiums.  They anticipated the turn-around time would be about a week.

Steve

 Stephen G. West, Senior Assistant County Attorney Office of the County Attorney"

Stay tuned----MUCH more to come on this