A resolution to the ongoing border dispute between Holmes Beach and Bradenton Beach over the 27th Street right of way that stretches from Gulf Drive to the bay appears stalled between the two cities, and next may be explored directly with the Sandpiper Resort.
At a Feb. 7 Holmes Beach city commission meeting, city attorney Patricia Petruff confirmed Commission Chair David Zaccagnino’s recent assumption that the street was likely not included in the property description for the 2008 Cadence Bank mortgage provided Sandpiper Resort Co-op Inc. to fund improvements in the mobile home park.
Petruff told commissioners she had not yet heard from the bank as to whether the 27th Street property is included in the financing. But, she said, after reviewing some documentation, “it appears to me that Cadence Bank has no interest, lien or claim over 27th Street.”
The encumbrance was asserted at a Jan. 18 joint meeting between Holmes Beach and Bradenton Beach by Ricinda Perry, attorney for Bradenton Beach. She said the bank would not release its collateral, including 27th Street, saying the dispute may widen to include Cadence Bank, its title company and other regulatory agencies.
Cadence Bank provided $6 million for improvements to the co-op owned park. Sandpiper representatives at the time told Bradenton Beach the resort needed a quitclaim of 27th Street to clear up title for the financing.
With the news from Petruff that the street was not made part of the financing, Commissioner Zaccagnino became hopeful.
“That puts us in a better position” said Zaccagnino. “A resolution between Sandpiper and Holmes Beach is more easily (solved).”
Holmes Beach has recently suggested the Sandpiper quitclaim 30 feet of the 50-foot-wide right of way back to Bradenton Beach.
Sandpiper mobile homes, 27th Street and a fence are on the south side of the city limit, and Holmes Beach residences are on the north side.
In October 2011, the controversy resurfaced after a fence, gates and signs discouraging access were erected by Sandpiper.
Holmes Beach then invoked a conflict dispute resolution process required by state law before one municipality sues another.
The two towns have met several times without coming to a resolution, and at press time, there is no scheduled meeting.
At their Jan. 31 meeting, Holmes Beach commissioners asked Petruff to request a 30-day postponement of a Feb. 7 meeting, to allow for the bank’s investigation and the Sandpiper’s board of directors to meet.
Also, the Bradenton Beach commission did not have a quorum of voting members until the recent appointment of Commissioner Ric Gatehouse.
It has been, however, the Bradenton Beach attorney’s position that Holmes Beach does not have standing to assert its claim.
Petruff says Holmes Beach has standing by virtue of shared utilities, including stormwater, water and sewer, electric and phone. And, according to Petruff, “a dedicated public street is held in trust for the public.”
Holmes Beach claims that Bradenton Beach quitclaimed the public street to Sandpiper three years ago without properly vacating the right of way.