Pat Neal, Wellen Park, and Status of East Manasota Beach Road

The letter below from a resident of Manasota Key presents the argument as to why people there are persuaeded that Pat Neal's desire to open their area to 50,000 Wellen Park residents is not allowed under the current private status of the road.

Opening the road would, they fear, destroy wildlife and the area's entire quality of life.


Dear Mr. Moye, Mr. Anderson, and Commissioners

I am requesting clarification regarding Sarasota County’s current representation that the corridor along East Manasota Beach Road constitutes a public right-of-way.
The recorded title documents and associated surveys for my property at 1687 East Manasota Beach Road, together with those for the adjoining parcel at 1611 East Manasota Beach Road, do not support that conclusion.

1️⃣ Recorded Title and Easement References

According to the First American Title Insurance Policy issued for my property at 1687 East Manasota Beach Road, and the Stewart Title Guaranty Company Owner’s Policy (Policy No. OP-25-FL1476.12-13106429, issued November 17, 2021) for the neighboring parcel at 1611 E MBR, both insurers independently reference the same recorded Private Road Maintenance Agreement (Instrument No. 2018175989) as the governing encumbrance for access and maintenance of the private easement serving these parcels.

Neither title chain nor policy exceptions include any dedication, conveyance, or acceptance of this easement by Sarasota County.
Accordingly, both independent title insurers confirm the corridor’s private status, governed exclusively by the PRMA.

2️⃣ Easement Configuration and Lack of Public Dedication

Both 1687 and 1611 East Manasota Beach Road reference the same Private Road Maintenance Agreement (Instrument 2018175989) governing access and maintenance for all parcels served by the dirt road. While surveys and historical references sometimes list differing easement widths (20 ft and 40 ft), those variations appear to reflect evolving survey conventions—not separate dedications. All evidence indicates a single continuous private easement maintained under the PRMA.

At a recent meeting with Mr. Spencer Anderson and Sarasota County staff, when we inquired where or when the County formally acted to alter or extinguish the Private Road Maintenance Agreement (PRMA) governing East Manasota Beach Road, staff responded only that “it’s in there” and referred us to the Interlocal Agreement C2018-265.

For clarity, the mere appearance of our metes-and-bounds legal description or parcel boundary within County instruments—such as the 2018 Special Warranty Deed (ORI 2018142181) or the Interlocal Agreement C2018-265—would not in itself convert or dedicate the easement to public right-of-way. Under Florida law, conversion of a private easement to public ROW requires an express, recorded dedication from the property owner and formal acceptance by the Board of County Commissioners. No such conveyance language or BCC acceptance appears in any of the County’s recorded documents reviewed to date.

3️⃣ Request for Clarification

To resolve the discrepancy between the recorded title instruments and the County’s current representations, I respectfully request:

  1. Identification of any recorded instrument, deed, or plat that dedicates or conveys to Sarasota County the ingress/egress easement serving 1687 and 1611 East Manasota Beach Road; and

  2. Citation to any Board of County Commissioners action accepting such dedication into the County’s right-of-way inventory.

If no such documents exist, I ask that the County confirm in writing that the East Manasota Beach Road corridor remains private, governed by the Private Road Maintenance Agreement (Instrument 2018175989) acknowledged by both title insurers.

Additionally, to remove any remaining ambiguity, please confirm whether Sarasota County presently claims ownership or jurisdiction over the corridor known as East Manasota Beach Road. If so, please identify the specific recorded instrument or Board action establishing such ownership or formal acceptance into the County’s right-of-way inventory.
Furthermore, if the easement remains governed by the Private Road Maintenance Agreement (Instrument No. 2018175989) and has not been formally dedicated or accepted by the Board, the expenditure of public funds or the use of County personnel or contractors for surveying, design, or construction activities along this corridor would appear inconsistent with Article VII, Section 10 of the Florida Constitution and Florida Statute §336.12, both of which restrict the use of public resources on private property absent a clear public ownership interest.

Given the County’s ongoing involvement in activities along this corridor, I respectfully request a written response within ten (10) business days confirming whether Sarasota County asserts ownership or jurisdiction over East Manasota Beach Road, and if so, identifying the specific recorded instrument establishing that authority.

With kind regards,
Kelly Bauman

 

Petition

Title 1687 MBR Private Road

Owner's Policy of Title Insurance

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