Scenic Gulf Drive

[Beachlover2]

Thanks for the info from everyone - that area is an accident waiting to happen. Too many cars - too many people - someone is going to get hit. Sounds like they are trying to make sure they do the right thing here.

 

[BeachSiO2]

One of those sweet little ladies mentioned that the beaches were one of God's creations. My thought was that if it was God's creation, it should continue to be enjoyed by anyone who wants to visit it. According to the both sides, Seascape has been allowing the public to use this stretch of beach for some length of time, yet now that the beach is replenished, they want it to be private. If the County illiminates the parking spaces, they will owe a check of $1.2 million back to the Fed Gov't, from which the County received money for renourishment of the beaches. Did I mention that the cost of both Options 1 and 3, the only two existing options for the new parking on the County's property, would be $300,000 to $400,000 less than it the check that they would have to write for removing existing parking? It is so. Also, the money loss wouldn't stop there. According to Mr Pickel, the County would no longer be able to receive future renourishment funding for that length of beach, and that amount could be extremely costly.


The issue is tabled until the County gets legal advice on who technically owns the beach. There will be some very shady gray areas on that issue, since Seascape has not prevented the public from using the property. In the state of Florida, Squatters' Rights exists, and this could get interesting. Regardless, the new parking doesn't need to be on the property of Seacrest. According to the County, it will fit within the existing right of way. There may need to be an easement from Seascape to allow a common boardwalk to enter the beach, rather than all of the cattle trails currently being used down the face of the dunes along that entire stretch. That will only help maintain the dunes and will be beneficial to all.

I don't want to rehash the private beach details of Walton County. It is a long story and vary greatly from property to property. The next meeting should be interesting.

If I were a voting commissioner, I would vote for Option 3.

SJ:

One thing I think may have been missed is that NO ONE was there from Seascape Resorts Incorporated (SRI), the actual owner of most of the property in question. The same owner that has allowed the public to use the property. This is very interesting because if SRI had a problem with the public using the beach, they would have stopped it or at least been there last night. Believe me, Jay Nettles, the SRI general manager, knows what goes on with that beach and actively participates when he (or his bosses) feel it is neccesary. They have not stopped it in the past, and they are not trying to stop it now.

The "neighbors" across the street in the condos are. In all fairness the "neighbors" own 200 feet of the overall 2000 feet and they haven't stopped it either. By the way, SRI not only allows the county to maintain a PUBLIC vehicular access to the beach for TDC and other County vehicles, but they also have let other private owners use that as a drive-on for post storm repairs, beach restoration equipment ingress and egress, and post hurricane debris removal. It seems to me that it will be extremely hard to say that the majority owners (SRI) have not and continue to allow public access.

Also, Mr. Pickel stated it was state not federal funding that would have to be paid back. This would disallow future state and federal funding however for this stretch of beach.

 

[ladyj]

I've been getting the distinct impression that SRI likes this idea and would grant easements, whatever, to get it done.

 

[BeachSiO2]

I've been getting the distinct impression that SRI likes this idea and would grant easements, whatever, to get it done.

Me too.

 

[Smiling JOe]

Also, Mr. Pickel stated it was state not federal funding that would have to be paid back. This would disallow future state and federal funding however for this stretch of beach.

Thanks for the correction regarding the State, not the Fed's, funding being involved.

I think you are on to something with the fact that SRI was not there, nor were their representatives. The green shirters and their attorney were present, but their attorney wasn't even able to give evidence that the beach, in front of the parking was private or public. I'm not sure why they even hired an attorney.

 

[BeachSiO2]

Thanks for the correction regarding the State, not the Fed's, funding being involved.

I think you are on to something with the fact that SRI was not there, nor were their representatives. The green shirters and their attorney were present, but their attorney wasn't even able to give evidence that the beach, in front of the parking was private or public. I'm not sure why they even hired an attorney.

Also, keep in mind that a property can be privately owned, yet publically accessible via easement or other method. I have a feeling SRI will be contacted very soon regarding this issue.

By the way, if I am not mistaken Whale's Tail is owned by SRI. If all parking was removed then I believe their business would fail, or at least sales would decline rapidly. Typically, if you own or are staying at a gulf-front condo as close as Majestic Sun, you are more likely to go back to your room to eat and drink, or bring it with you. Not pay Whale's Tail. It doesn't appear to me to be a smart business decision for SRI to remove parking for their most likely source of sales for Whale's Tail- the drive-up visitor. Especially when public beach access doesn't hurt them, it only increases the number of people to sell to.

By the way, they also rent beach chairs and other types of vending that would be hurt financially....

 

[Smiling JOe]

One of the Green shirters or their attorney mentioned that the beach vending on that small stretch of beach, rent to only guests and owners of Seascape (maybe Majestic Sun and Arial Dunes as well). I don't know if that is true or not.

I believe one of the County Commissioners mentioned that Whales Tail was formerly known as the Beach Club for SRI, so my guess is that it is likely owned by SRI.

Note that this area is outside of my area of knowledge, so I don't keep up with it.

 

[beachmouse]

The county also has a pretty big stake in keeping that stretch of road eligilbe for beach renourishment. Because Scenic 98 is very very close to the Gulf at a number of points, and it wouldn't take much for a storm to wash out the entire roadway if you don't renourish after a major storm.

There were a couple of spots starting at Destiny and going east where the road was scarily close to getting undermined after Ivan/Dennis. If there is no further nourishment, and the dunes don't rebuild themselves, you're two major storms away from losing parts of the road entirely.

 

[dsilvar]

One of the Green shirters or their attorney mentioned that the beach vending on that small stretch of beach, rent to only guests and owners of Seascape (maybe Majestic Sun and Arial Dunes as well). I don't know if that is true or not.

I believe one of the County Commissioners mentioned that Whales Tail was formerly known as the Beach Club for SRI, so my guess is that it is likely owned by SRI.

Note that this area is outside of my area of knowledge, so I don't keep up with it.

SJ et al,

There seems to be definite bias here against what the "green shirters" were trying to represent at the meeting. I saw you there SJ squatting intently, and for you to come away from that meeting with such a slanted view of what went on disappoints me.

SRI owns the Whales Tale and property within Seascape along with roughly 1800 ft of beach. The way it breaks down is the County easement is 50ft from the center line of scenic Hwy 98. From there to the ECL or Mean high water mark belongs to the property owner..SRI and the HOAs. Restored beach or acreted beach from the ECL to the water is for public use.

At the start of the meeting a document was presented by Mike Cheshire (sp) attorney for Majestic Sun, from a title search, that showed the only agreement between the county and SRI was that SRI would not compromise the view of the gulf from scenic 98. The ownership of the beach was/has never been in contention and the publics access to the PUBLIC beach (from the ECL south to the water) may not occur thro' private property. Thats an important distinction. The public has been accessing the beach because of SRI and the county's acquiescence. No squatters rights here.
Just think, for the county to commit to accepting Federal and State funds without making sure of the LEGAL status of the property they were trying to "beautify" is downright ludicrous. That didn't strike you as being odd?
I have talked to Nettles and attended Seascape HOA meetings and SRI will NOT agree to an easement to the county for this project.
So that leaves Option 1 and 3. Either option, if forced by the county, will essentially wind up being parking for Seascape and Majestic Sun, the only people allowed access to the "beach" along the project length.
There are hoards of other concerns..garbage pick up, toilet facilities, life guards etc.
I spend more than an hour most days picking up garbage from the beach currently being despoiled by the "public" illegally there. It will be nice to see some restriction to access of this beach..IMO.
NO parking signs and fences..like it is every where else along 98, should be restored. Thats the way it was.

 

[Jdarg]

I, like Beach SiO2 and others, find it interesting that SRI did not have representation at the meeting. I don't call a bunch of green shirted HOA representatives formal representation for SRI.

I also think it is so funny when these same people whine about new construction, parking, etc. spoiling their beautiful beach. Hello!! What about the fact that these people own and/or live in a freaking big a$$ building that probably originally blocked the beautiful view of someone else that happened to be there first? I think the beautiful beach was spoiled when those buildings were built. Anything additional now is not making a noticeable difference in the aesthetics of that area- the roadside beauty is long gone with only the beauty of the beach itself remaining. Now we just need to make it safer and keep some access for the public to enjoy.