What Did President Coolidge's Initial 1926 Grant Look Like?

 

As I pointed out in this blog post,  it appears as if several of the parcels west of the state park and East of the Alabama state line in Perdido Key in District 1 of Escambia County had an original title that did NOT preserve the public's right to access the beach upon this property's transfer from the Federal Government to a few private citizens in 1926..  This is a setback, but it is what it is.  

Thankfully we still know that 64 lots from the state park to the Perdido Skye complex DO CONTAIN LANGUAGE MANDATING A PERPETUAL 75 FOOT EASEMENT FOR PUBLIC BEACH ACCESS.

So no matter what happens with any or all of the rest of the property deeds to the lots on Perdido Key--we have already locked down a fairly significant win for the public at large that has, for too many years, been barred from accessing beaches they were always entitled to utilize.

So it is a mixed bag thus far, but mostly positive.  

Citizen Michael McCormack took the information from the Calvin Coolidge signed public land patent we uncovered monday and put it in the drawing above.  Sadly--it appears as if there is no provision for public beach access in the parcels within this original grant depicted above.....

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

82nd Coffee with the Commissioner LIVE from the Beach Tomorrow Morning!

We will have our 82nd Coffee with the Commissioner event live tomorrow morning from Perdido Key Beach in District 1.  The event will take place live at 7:00 AM from the Perdido Key Chamber of Commerce's visitor center at 15500 Perdido Key Drive.

We will have county administrator Wes Moreno there to bring an update on county issues, Public Safety Director Eric Gilmore will be present to bring an update on public safety issues throughout the county and in Perdido Key, and our special guest for the day will be Perdido Key Area Chamber of Commerce President Tammy Thurrow.  We will discuss issues that are challenging out in Perdido--to include: traffic, growth, the Habitat Conservation Plan, Building Cap,  public beach access, beach signage, development, the coming tourist season, the roundabout, potential incorporation of Perdido Key, lifeguards, the Chamber's challenges being a state-line chamber and many other issues of concern from the assembled audience in the visitor's center conference room.

Watch online live and submit your questions in real time on my Facebook page at   www.facebook.com/CommissionerBergosh/. 

Lawyers for Condo Owners Make Extensive Public Records Request of County Regarding Beach Access #4 In Perdido Key....

 Here we go again.

Just when we thought it was safe to go in the water--along comes another "request" from the attorneys representing nearby cond owners to Beach Access #4  in Perdido Key in District 1.  They are looking for information on discussions between the county and state and federal environmental agencies specifically about Beach Access #4 in Perdido Key.

It is a wonderful asset, the community at large loves this access point, but apparently there are still some that are looking for a way to shut it down.  That's what it looks like, that's my opinion, and I hope I am wrong.  But Occam's Razor dictates otherwise.

It's open, it's been open, and unless the courts order it closed--it's here to stay.

Here's the request for records, below.

They Really, Really, Really, Really Do NOT Want You Out There, Part II

Could repeated complaints, made over and over to multiple entities, serve to close  your public beach access #4 at Perdido Key?  Some people must believe this to be true......

Sometimes folks complain and raise legitimate issues that must be addressed.

Sometimes the purpose is alturistic and there is a legitimate, bonafide public interest.

Sometimes it appears as if there is a real, legitimate and bonafide public interest in making complaints, filing reports, and having your lawyer send ominous, threatening-sounding complaint letters to various authorities.  And sometimes these letters by lawyers point out these things under the guise of coming on behalf of "concerned citizens" that have the "best of intentions."  And, coincidentally, sometimes such complaints aspire to tacitly serve a dual purpose:  Getting you off a public beach that you, Mr. and Mrs. Taxpayer, paid for and now own.

Luckily, fortunately, and ultimately---that purpose will not be realized.  

I'm a rule follower, and I understand the rules, so we will enforce the rules.  

But we won't ever throw the baby out with the bathwater and KowTow to some who have utter disdain for the general public and wish there was no public beach access anywhere near their private beach enclaves.

Yes yes yes--we don't want folks partying all night long at a park that's supposed to close at dusk.  None of us do.

Of course we don't want folks to dump trash all over the place.  Of course not.

And obviously--we all care about the habitat and the species of animals we are protecting at Beach Access #4 on Perdido Key.

But is that why the below letter got written?  Really?  I don't believe it is--but read it and decide for yourself.  Heck, they even included exhibits and attachments showing the Following:

a.)  A person walking a dog in the parking lot of Access #4  (Oh no-- a DOG!!I can't take the horror of it!)

b.)  A group of folks fishing from Access #4 (  NO FISHING!!!!!!!!  Fishing attracts SHARKS!!!  I might get ATTACKED BY A SHARK!!!!!!!!!!!!)

c.)  A "hole" dug out of the sand.  Seriously.  A hole.  Probably dug by some really curious, industrious young children who were out at the access having a great day at the beach. (AAARRGGHH--they dug a hole in the sand--how dare them!!!!I'm going to need a "safe space!")

d.) A selected snippet from this blog about my strident support of Public Beach Access! (How dare this County Commissioner disagree with us--the private beach owners!!! Cancel Commissioner Bergosh!!!!)

Why the "complaints" one by one over the last two months.  Why this "complaint" by a lawyer?  Why the ridiculous Kabuki theater?

They want access #4 closed, that's why.  They don't like you. By hook or by crook, by any means necessary, they want you gone from there for good, they wish Beach access #4 gone. They don't want you in their back yard, they don't want you anywhere near them.  They are wealthy, they OWN their beach and don't want you near it! That's the real intention, that's my opinion.  

Why do I think this?  

Well, it's because the same group used the same lawyer to try to prevent the beach from ever opening up in the first place.  They lost that fight, they failed, and you, the public, won.  That's why.   I've had several of them call me up and tell me as much.  They're not happy, some of them.  Angry, bitter, scornful, and downright mean.  Some of them--not all of them thankfully.  Not even a majority of them.

They may not say it directly (although some have, to me directly)---but here's the key:  These few elitists don't want you near them.  Anywhere near them.  They really, really really really do not want you out there near their "private" beach on Perdido Key.  You're not worthy, according to a small

Update on Beach Access #4: Notice to Proceed Issued, Construction to Begin Imminently

Previously--Nearby Condo Owners were the only ones who could access the County's 300' of Gulf Frontage on Perdido Key.  Heck, they even advertised it.  And they have banded together to fight against opening the beach--because they enjoyed keeping the rest of us out.  They lost, YOU the taxpayer won, and the beach access is being constructed over the next 4 months  :)

The Saga to #OpenOurBeach at Perdido Key is finally, at long last, entering it's last stanza.

Most that follow county issues locally know the agonizing, frustrating story well. (For those that don't-- here is some background on the issue)

I had the opportunity to speak with Natural Resources Director Tim Day early last week, and he reported to me the good news that the contractor building this access site and that has been awarded the contract to do so, Chaver's Construction, has now been issued the coveted Notice to Proceed to begin the final phases of the construction of the west side's most long awaited, largest free public beach access site.  It will accomodate nearly 40 cars, including handicapped drivers, it will have mobi-mats allowing for access to the beach by those persons who are mobility-challenged, and together with the adjoining 200 feet of Gulf of Mexico frontage owned by the Crab Trap restaurant (management of which has stated publicly that once the site is constructed, the public will be able to use their 200 feet in addition to the county's 300 feet) will create nearly DOUBLE the ammount of free public beach access on Perdido Key than what currently exists.

According to Tim Day--it will be about 120 construction days--so hopefully this access will be open in time for Spring Break 2022.  I can't wait to celebrate with a HUGE party on the site the day it opens!!

Because, while it is better late than never----we waited much too long to #OpenOurBeach!!