PERDIDO-GATE Bombshell Part III: What Does the PKA Know about the Ubiquity of 75' Public Easement(s) on PK and the Infamous "Walkover to Nowhere?"

In part I and II of this series we uncovered the fact that there are dozens of parcels, on the Gulf of Mexico, in Perdido Key, In District 1 of Escambia County Florida where public beach access in perpetuity was supposed to be guaranteed--- for the citizens--- in the original deeds of such properties granted to original owners from the Federal Government.  In perpetuity.  But that hasn't happened:  The opposite has occurred--with citizens being barred behind ominous "no-trespassing" "keep- out" and "private property" signs and armed security to boot in many instances.  We also located documentation indicating some county staffers in 2001 knew of this.  And we identified at least one property deed recorded as recently as 2005 with the clerk of the court prominently indicating this 75' of easement for public beach access in the transfer.  But many other subsequent titles scanned by the legal office apparently do not have this language (or at least we have not been able to locate the original deeds that indicate this language.)  These two original posts on these topics have blown up on this blog like gas poured over a fireworks depot and lit with a stick of dynamite;  thousands and thousand of hits, unique visits, downloads from all over the country and nearly one hundred comments thus far.  Add to this two front page headlines in the hard copy Saturday and Sunday PNJ, multiple stories on the area's media juggernaut WEAR, and every radio station in town reporting on this as well as studio 850 and other Facebook Sites.  It is big.  In fact, as I have now stated numerous times--this is the biggest government related story in the area in the last 16 years I have served as a public official:  Bigger than the school superintendent's DUI, bigger than the Newpoint school scandal where people went to jail.  This is bigger and it is growing.

As I continue my research into how this matter, this travesty of deliberate blocking of the public's deed-granted, perpetual access to the beach by some properties at Perdido Key over the years --complete with armed guards and ominous warning signs--was perpetrated on the public--some additional questions are coming up which offer tantalizing clues as to the existance of potentially  more institutional knowledge on public access easements on the key.

SO WHAT DOES THE PKA KNOW ABOUT BEACH ACCESS EASEMENTS TODAY?

First of all--the Perdido Key Association is the organization on Perdido Key that has the most  institutional knowledge of all things Perdido Key.  Their former president, Dick Domurat, knew of the existance of the 75' public beach access--- at least as it pertained at the time to the parcel where the eventual Windemere Condominium would be constructed.  Domurat argued strenuously, on behalf of the PKA IN 2000-2001, against the county's density grant for the number of units ultimately approved for that tower.  The basis of his challenge was that the presence of a 75' public beach access easement lowered the total lot size, which he felt thereby would necessitate that the county concommitantly reduce the number of dwellings allowed.  The PKA knew that then--so did they also know this easement appeared on other lots as we just recently found out?  I emailed the current head of PKA, Mr. Charles Krupnick to ask him.  Here is my email to him on this topic specifically:

"Good Morning Charles,

 I hope you are enjoying your weekend, and I wanted to run a couple of things by you.

 As I am digging into the issues of the public beach access use easement on dozens of properties on Perdido Key of which, apparently, nobody was aware I am told—I found when researching all the aforementioned deeds and litigation particularly as it related to the Windemere condominium’s initial construction---I found something interesting.  Apparently, at that time, the president of PKA and your predecessor, Dick Domurat, on behalf of the PKA fought against the county’s calculation of density allowance for this Windemere condominium on the basis of the lot size not being 3 acres total—but actually less than 2 total acres due to the existing 75’ perpetual easement for public beach access.  I found that argument to be interesting and eventually it was not persuasive to the county at that time.  The nugget of good information from that proceeding, in my view, is that all parties recognized the reality and the validity of that language; the decision on density did not turn on whether or not the easement was real, so far as I can tell, but rather that the lot size was over three acres including the easement and the presence of the easement did not diminish the factual, actual size of the lot. 

 But now, knowing all this happened in 2001—I was curious if you were aware of this 75’ easement?  Was anyone in the PKA aware?  And more importantly—are you aware of this sort of language on any of the other originally executed deeds from the Federal Government to private parties on PK from 1940 onward?

 I am tasking the legal office with finding every single one of the originally executed transfer deeds from the U.S. Government (Because the U.S. Government owned all of this land and eventually deeded it to states, counties, and private parties all over the Panhandle---and all the language in what transfers we have seen here, on Santa Rosa Island, and elsewhere all contains language protecting public ownership/accessibility of the beaches) to see if this language stipulating public access appears on every one or any others in Perdido Key specifically outside of the 64 deeds we have already found.  Thus far, it has apparently been incredibly difficult for our attorneys to locate even one (1) of these original deed transfers on ANY property outside of the original 64 we have encompassing the Gulf Beach subdivision.  However, this is a pressing concern of immense public importance and based upon what we have found thus far I do not believe we can stop researching this matter until we know with certainty whether or not these gulf front parcels all contain similar public beach access easements.  Your assistance in this search may make our task easier, thus my question to you.

 And once we know one way or another—this will drive strategy necessary to ensure appropriate public access where appropriate, the proper provision of public safety and renourishment, as well as marketing and other initiatives.  But public safety is top of mind right now for me—as three citizens visiting the area and staying in condos at PK died by drowning last week.  If these beaches have a public component as many believe we will find they do---then I will fight with everything I have to get

lifeguards funded and deployed to help prevent these tragedies going forward. 

In short Charles—this is a big deal and I am going to turn over every rock in order to get to the bottom of the truth.  I’d like your help, and the PKA’s help, in doing this as quickly as possible.

Thanks in advance for your cooperation in this endeavor.  I hope you have an excellent Sunday.

Sincerely,

 Jeff Bergosh

District 1 Commissioner"

WHAT DOES THE PKA KNOW ABOUT THE GRAND CARIBBEAN/SANDY KEY "WALKOVER TO NOWHERE"

this is an additional data point I asked the PKA about.  It doesn’t make any sense to me at all.  Why would Sandy Key EVER allow county citizens and northern property boundary “neighbor” condo complex Grand Caribbean the ability to acquire an easement for public access to their (Sandy Key’s) purportedly “private” beach front?  Why would they agree to this and then subsequently complain about it and attempt to expel those that use the walkover?  It makes no sense but what it could mean is that those who hammered out this deal KNEW of the existence, potentially, of the 75’ public beach access easement.  Otherwise—why would they (Sandy Key) EVER have allowed the access easement and walkover (by Grand Caribbean and including the county) in the first place in 2009??????????Sandy Key would have had all the leverage and say so unless there was something that pushed them which seems a reasonable assumption absent any formal, publicly known documentation thus far…..So I sent this email to the current PKA President, Charles Krupnick, this morning:

"Charles,

 I have one other quick question for you.  Over the last three days I have requested, received, and sifted through hundreds of pages of documents related to the negotiations between Grand Caribbean and Sandy Key (with the county included as well) for an easement at the eastern boundary of the property associated with Sandy Key—so that the owners and visitors of Grand Caribbean and the public (thus the county’s participation) could access “the beach” from their adjacent north of the beach property.  Interestingly—the marketing materials for Grand Caribbean I found online list this as a prominent feature “..easy access to the sugar-white sands of the Gulf of Mexico via a 1 minute walk on our 100 yard walkover” [paraphrased].  What I did not find in any of this documentation was any MOU/MOA/Agreement between Sandy Key and Grand Caribbean memorializing a granting of rights by Sandy Key to Grand Caribbean for access to what purportedly is Sandy Key’s “private” beachfront.  This agreement, hammered out in 2009 with various iterations in the following years seemed, instead, to be focused on the location of the walkover structure within the easement, the height of it, whether or not it was built as agreed, whether or not it was being maintained as agreed, etc. etc. etc. ad nausem.  There has been associated litigation, disagreements, and overall general consternation and gnashing of teeth surrounding it (walkover) for these multiple reasons in the years since apparently—but thus far I have not seen any source documents earlier than 2009 that illuminate a right of access to the beach by anyone who could get there (as the area is surrounded by properties east and west that have what all considered “private” beaches).  So, I ask for your institutional knowledge as the president of the PKA in helping to answer my curious questions about this walkover/easement/access agreement—if you are willing to help me and the legal staff answer these:

1. Is there a separate agreement between Grand Caribbean and Sandy Key acknowledging the existence of a 75’ public beach access easement?
2. Is there some other documented agreement between these two complexes which forces Sandy Key to allow the visitors/residents of Grand Caribbean (and the public) to use what they claim is their private beach in front of their complex?
3. I have found emails from Sandy Key HOA presidents and the county from 2015-2016 where the Sandy Key HOA is apparently complaining about and “kicking-out” non-residents (including Grand Caribbean residents) who access this beach via the previously agreed-upon and constructed beach walkover from the 2009 agreement---so the question is why would they allow the walkover to be constructed in the first place if they (Sandy Key Owners) didn’t intend to allow and more importantly didn’t HAVE to allow the users of the walkover to utilize their purportedly “private” beach?

 I will keep digging and eventually we will find any and all such agreements, originally executed deeds, etc. necessary for us to piece it all together—but given your long history and relevant institutional knowledge of all things PK—I thought I’d ask for your assistance if per chance you knew/know of the answers to these and can help us take a shortcut.

 Thanks in advance for any assistance you can provide as President of the PKA---and again—have a great Sunday!

 Sincerely,

 Jeff Bergosh

District 1 Commissioner

Escambia Board of County Commissioners"