The boat canopies protecting two official vessels docked at the 63rd street boat ramp in Holmes Beach are on city property, according to a riparian rights survey provided July 22 to Holmes Beach.
What are riparian rights?
Riparian rights in Florida govern land bordering navigable waters. They are rights of ingress, egress, boating, bathing and fishing and others, as may be or have been defined by law.
Source: Florida Statute Section 253.141(1)
Mayor Bob Johnson said the report appears to favor the city’s contention that the city has the riparian rights to place canopies over two boats. The city of Holmes Beach installed two boat docks, lifts and canopy covers in cooperation with the West Manatee Fire Rescue District.
The survey may disappoint residents at Westbay Point and Moorings condominiums, who want the canopies removed. Some residents say the canopies block their views of the bayou and could reduce property values.
Robert McGlynn, the 35-year Westbay property manager, said he will continue to push for removal of the canopies.
“The survey was more favorable to them,” McGlynn said. “The canopies still shouldn’t be there regardless.”
Professional land surveyor Leo Mills, of Leo Mills & Associates Inc. of Palmetto, was hired by the city to define the respective riparian rights of the city and Westbay and determine whether the canopies are on city property or infringe on Westbay property.
The survey appears to vindicate Police Chief Bill Tokajer, who has maintained the canopies were legally constructed on city property.
“It’s good to get clarification on who owns what property,” Tokajer said. “So residents can see the police department was just doing its job and not targeting anybody.”
The survey was complicated by conflicting deed information, according to Mills.
The city of Holmes Beach acquired title to land known as the “Airport Property” by a warranty deed recorded Oct. 31, 1969. The property had served as the Anna Maria Island Airport, built in the 1940s.
Developer John Holmes Sr. and others built the 2,000-foot airstrip, which became the backdrop for the 1948 movie “On an Island With You,” starring Esther Williams, Peter Lawford, Ricardo Montalban, Cyd Charisse and Jimmy Durante. The airport never did much business before the movie.
Mills reported the legal description for the Westbay Point and Mooring III Condominium property conflicts with other plats and deeds for the area. Mills said he used descriptions in the condominium plat to outline the location of the property “to the best of my ability.”
“The airport property deed appears to exhibit senior rights over the condominium,” according to Mills’ survey. “By doctrine of senior rights, the first deed has the right to all of the land that is called for in its description.”
McGlynn is not ceding the point.
“I see that property line conflicts with our line,” McGlynn said. “That’s something we’re going to have to look at and see who’s right.”
McGlynn said Mills should have resolved the conflict.
“One is right and one is wrong,” McGlynn said. “I don’t know why they didn’t survey the property themselves. Sounds like they are relying on old maps. So that has to be clarified.”
Mills said a surveyor’s job is to examine evidence, follow established guidelines and determine the most equitable location for the division of riparian rights belonging to upland landowners.
“I believe this report, along with the supporting documentation and maps, has produced that location,” Mills concluded in his report.
Will this survey end the dispute?
“I certainly hope so,” Mills said. “I can only render my opinion.”
McGlynn said property lines are not the only determining factor.
“I think in the long run we’re going to say the canopies are in our view and they shouldn’t be there,” McGlynn said.
Leo Mills & Associates will be paid $4,963 for the survey.
Mills will report survey findings to the city commission at the 6 p.m. Tuesday, Aug. 22, meeting at city hall, 5801 Marina Drive.