The Mojo Report
The public records are the primary source of information for the MOJO report.
The report has been created to demonstrate and confirm the negligent work done by the government of the Public Lands of Florida and the the County Commission of Walton County Florida in the management of Public Lands entrusted to them and to the Public Records associated with these Public Lands.
The Federal Government invented the Public Lands Survey System (PLSS) and installed at great expense the Township Range Section Grids "TRS Grids" in what became thirty different States. The PLSS was invented and legislated as Nation Governance Policy before the United States Constitution was written and even formed the bases on with it was written. This National Governance Policy was invented as a method to distribute public lands as a product to private citizens by and through the sale of United States Land Patents and as Securities sold around the World to finance the operation of the United States Federal Government. The debt created by the Securities aka the National Debt, is to be paid down first by sale of the Patents and then perpetually by the sub licences granted to regional governments. Today we call these States. The land we known as Florida became the property of the United States in 1821 by and through the Adams-Onis Treaty with Spain. From 1821 to 1845, which is twenty four years, Florida was controlled by the US Federal Government, it's owner. The Regional Government of Florida applied for and received a conditional sub license, known as "Statehood" on March 3rd of 1845 and was admitted into the Union under the express condition that "it shall never interfere with the primary disposal of the public lands lying within it". [cite U.S. Congress; 1845 Act of Florida Statehood] The State of Florida, and its' agent Walton County has directly interfered with the disposal of public lands within it and the subject Township 1 South 19 West.
Lands totaling approximately 7,269.09 acres within Township 1 South 19 West were entrusted to Florida by the Federal Government. The Lands granted to Florida were distributed and managed by various methods that do not comply with the requirements of the U.S. Surveyor Generals Office or the terms of the express conditional sub license cited. An example as well as a vital method of compliance to insure that Florida never interfered with the public lands within it was required by the Federal Government; each County is required to have a County Surveyor to oversee that land distribution complies with the National Governance Policy and does not alter Federally monumented TRS Grids. In Walton and Dade counties (and perhaps in all of counties of Florida) the County Surveyors did not follow federal law or the TRS surveys, and established new section corners, lines and grids by going the wrong direction or exceeding their authority. The State of Florida exercised negligent management and relied on the work done by the County Surveyors in the distribution of the Public Lands and did not require confirming surveys of lands sold. The errors from faulty survey work resulted in faulty distribution of the Public Lands by Florida this misfeasance is the direct cause of numerous formal legal disputes inclusive of this one, and countless private conflicts that are still on-going. Walton County has long encouraged the creative use of a “Quit Claim Deed” as a remedy of the resulting confusion created by this negligence, which only resulted in creating more confusion and conflict.
Over time the State of Florida became aware that it must address the confusion and conflict it had created and promulgated the Marketable Record Title Act (MRTA) in 1963. This statement describes the effect of MRTA and introduces two new title concepts: 1) marketable record title, and 2) root of title.
MRTA creates a new statutory concept of title: marketable record title. Most old title considerations arising prior to the root of title can be ignored because their effect on title has been eliminated by the legislature's enactment of MRTA. In effect, MRTA works as the ultimate statute of limitations. When other such statutes do not cure a particular title defect, MRTA ultimately will, unless the matter is an exception to the curing effect of MRTA. The statute eliminates the original defects or inaccurate claims to real property and limits the labor involved in a traditional title examination. The statute modifies the concept of clear title by confirming "marketability" based on time rather than a lawful, accurate, and reliable record from the sale of the original Patent to the present.
The Legislation is indexed at F.S. §712.02, and states in part:
"Any person having the legal capacity to own land in this state, who, alone or together with his predecessors in title, has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which shall be free and clear of all claims except matters set forth as exceptions to marketability in F.S.§ 712.03."
The problem with MRTA is that it acts to cover up and absolve Florida from its unacceptable negligence that created unlawful, inaccurate, and unreliable public records from the sale of the original Patents by Florida forward to the present. These transactions did not comply with lawful requirements of the PLSS system. Florida did not confirm the location of the land sold to certify that the location did not conflict with or alter the TRS Grid nor did Florida confirm that the investor received the proper amount of land in the correct location.
The word Statehood imparts lawful authority and lawful responsibility. Florida seeks to absolve itself from the responsibility of and for preserving the integrity of the PLSS, for the perpetuation and protection of federal property, to wit the TRS grids that create the Public Lands. Public lands are mandated to pay down the National debt. The security of Patents, the federal Constitutional Rights of the Patent holders and their contractual rights, as well as the rights of the owner of the Public Lands. All of these rights become nebulous to Florida as the MRTA works as the ultimate statute of limitations to protect the State at the expense of everyone else involved and since it enactment is used often in local civil issues involving land, which benefits a select few at the expense of the other investors and the owner. MRTA allows and promotes the further destruction of the TRS grids in its support of corners established by re-survey or even new surveys to have more validity than corners established by the original Federal Survey which is in violation of federal law.
In addition:
Once the MRTA was passed, the State of Florida rewrote it's Constitution and simply left out any reference to County Surveyors in 1967. The next step was as simple as omitting the words "County Surveyors" in the funding rolls for the next year. This is not lawful because this is a fundamental change to the express terms of the sub licence that gave Florida lawful authority in the first place.
Another one of the express terms of Statehood is County Surveyors, because it is their job to protect, maintain, and perpetuate the federal property known as the TRS Grids. When Florida's mismanagement of the County Surveyors and other negligent errors became clear, the State legislated MRTA to cover the problem, and it blamed the County Surveyors as the creators of the problem and then legislated them away.
In 1977 the State of Florida promulgated FS 177.051-10 and acknowledged its responsibility and generated a program requiring private surveyors to file certified corner documents. However there is no authentication of these corners by the State as alluded to by FS 177.052. Thus multiple certified corners now exist in different locations for the same corner. The direct result is a perpetuation of the original confusion created by the negligent management and is therefore negligent in and of its self.
In an effort to keep this report as brief as possible, only a portion of the research is reflected here, however it clearly and definitively proves the allegation of direct interference. A tremendous amount of additional information is available upon request.
The original south section line of 16 has moved north by more than 300’
SE ¼ of the SE ¼
The original 40.02 acre sale of the SE ¼ of the SE ¼ of section 16 was to Giles Bowers in 1860 from the State of Florida (1). The State sold the land in Section 16 to raise monies for schools. At some point, the land was conveyed to McCullough prior to 1885. Due to one of the courthouse fires in the area (Alaqua or Eucheanna), the public record of this and other transactions are missing. After the fires, the first record is a deed issued from McCullough to Crawford in 1885 (2), and this deed notes an exception for 3 acres in the NW corner of the 40.02 acre tract. Crawford conveys the land to Stanley in 1897 (3), with an exception of 3 acres in the SW corner and specific dimensions are given for the exception (210’ x 630’). The exception at the south end of the 40.02 acre parcel is also the oldest reference with measurements tied to the property of the defendant. The 3 acres in the NW corner of the SE ¼ of the SE ¼ is conveyed a couple of times (4,5) with specific measurements given. The transactions of the NW corner were done after the deed in the SW corner was issued (3)
In 1909, a deed is recorded that conveys ½ interest in the se ¼ of se ¼ less 3 acres in NW coner and 3 acres in SW corner to McCaskill (6). With this document, the total land involved from the original 40.02 acre parcel is now 34.02 acres, and 6 acres belongs to other people. Nothing happens in the public records with any part of the original tract (which now has three different owners) until 1940. McCaskill sells 10 acres from the SW corner of the SE ¼ of the SE ¼ to Burleson in 1940 (7) There are no documents in the public records that conveys the 3 acres at the NW or the 3 acres at the SW corners of the original 40.2 acre parcel to McCaskill, yet McCaskill seems to convey land owned by someone else. The confusion of the section corner location is apparent as it appears that the deed issued in 1940 conveys 10 acres using the monumentation established with boundaries of the 34.02 acre parcel (5). The 3 acres in the SW corner appear never to convey forward (3) and is evident over many years as a tract of land with identical dimensions shown as “unknown” on the County Tax Appraiser’s tax map until 2003, when it moved. This unknown tract was used, cleared, and protected by our predecessor’s in title, as well as ourselves. The tract is clearly shown on an aerial photo found in the Walton County Tax Appraiser’s archives as document PD 1227-7-15, flown on 11-27-72. The chronological history of surrounding deeds support the location of 4 different monuments used as the SE corner of Section 16 -one placed by the BLM for the distribution of patents, one placed by the State for distribution of lands in Section 16 @ 1850-60, one placed by Coleman for his 1943 survey of the Bayou LaGrange subdivision, and one placed by ACC in 1953. The latter three do not seem to follow the BLM survey when the profiles of land and shoreline are compared. Comparisons of surveys seem to show that ACC attempted to follow the work done by the State and County, as most monuments are in the same proximate locations.
It appears that the State did not follow the same bearings as the BLM and the conflict of survey work creates a hiatus of several hundred feet between 2 monument locations. Coleman’s monument was located between the BLM and State monuments and a little further west. Coleman’s monument has recently been obliterated by the clearing of land. Deed research for land within Coleman’s survey, supports confusion among the landowner’s as to where exactly their land is located. Current corner monumentation for Coleman’s survey is now different, along with the field measurements and locations of tracts originally outlined on his survey. ACC’s monument is near the location that seems to be established by the State and reinforced by the County. The same errors are found in other townships within Walton County, but for the sake of keeping this report brief, the facts will stay focused on the immediate vicinity.
Similar discrepancies in survey work and corner monumentation is found in other portions of this township associated with lands distributed by both Walton County and the State. Lands identified by the BLM in one section becomes identified by the State and County in a different section. The conflict creates great confusion with surrounding landowners, and a long history of boundary lawsuits plague the legal system in Walton County. The BLM set the section corners in the area using light wood stakes. Local judges ignore testimony of light wood stakes, and support survey work done by the Walton County surveyors or others, where corners are placed – not retraced. Testimony from a person identified as a Walton County Surveyor in one case supports that the bearings used to place a corner do not match the bearings documented by the BLM. One judge rules that ACC is not the BLM corner location, while another judge rules that ACC is the BLM corner location. Case law is not cited to support some of the local rulings. Public records are missing from Walton County, etc. .
The POB in Section 32 (should be Section 29) on a 1955 FDOT survey (see Section 32 portion of this report for more info) is used to find the location of our corner(s) There are two concrete monuments shown in the proximity for the SE corner of Section 16. There is @ 330’ difference between the 2 monuments. Some deeds in the area are tied to the northern monument, and others are tied to the southern monument. The southernmost concrete monument appears to be the basis for the location of the ROW Deed issued to Adell Gauthier on July 31, 1956 (11), even though the 1955 survey shows the northern most as the corner. Adell Gauthier’s land would not be touching the road if it were tied to the north monument. The only way his land would be in the area of the new road is by relation to the south monument.
Part of the record that is missing is a survey of the city boundaries done by Horace Shepherd in the early 1970’s. Two assistants that worked with Mr. Shepherd have been located, and one is the source of this information. It is currently unclear who the survey was done for, and one purports that it was done for the City of Freeport. The former mayor of Freeport claims to remember the survey but it hasn’t been seen in a while.
The timing of Mr. Shepherd’s survey comes on the heels of the work done in the late 1960’s by the USGS for the Freeport Quadrangle. It would appear that Mr. Shepherd was possibly hired by “someone” to verify the discrepancies between the work done by the USGS and current monumentation used by the City of Freeport or Walton County. This will be difficult to verify since the document is not found in the City files, the former mayor does not know where it is, there is not a copy in Mr. Shepherd’s archives, and we were told by the City attorney’s office that they are unable to supply a copy to us unless we are able to supply the name of the person that the document was created for.
Walter’s chain SW C of SE ¼ of SE ¼
Deed bk 217 pg 454 1968 Burnham to Gauthier – Commence at the sw c of se ¼ of se ¼ of se ¼ of sec 16, and run n 88 deg 00 min e along section line 87.31’ to w boundary line of st rd 83A, then n 41 deg 00 min e along w boundary line of said rd 155’ and 4 1/2”, then run s 88 deg 00min w 186 1/2’, then run s 2 deg 08 min e 124 to POB
OR bk 219 pg 297 1980 Blizzard to Gant Commence at the se c of the sw ¼ of se ¼ of se ¼ of sec 16, then n along the e line of sw ¼ 152.53’ to the n side of a county graded rd. then n 86 deg 33 min 59 sec w along said fr. 100.18; then cont. n 66 deg 31 min 59 sec along rd. 254.25’ to the POB, then n 47 deg 29 min 39 sec e along the centerline of a stream, 316.36’ then n 85 deg 55 min 17 sec w 234.03’ then s 47 deg 29 min 39 sec w 180’ to the nly side of said county graded rd. then s 50 deg 40 min 58 sec e along rd. 171.74’ to the POB for 1 acre
OR 227 pg 117 1981 Blizzard Mort. To Burnham – Commencing at the se c of sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a graded rd for a POB, the n 86 deg 33 min 59 sec w along n edge of said rd 100.18’, then n 315’ to the run of a branch, then n 85 deg 55 min 17 sec w 234.03’, then s 47 deg 29 min 39 sec w 180’ to the n edge of a graded rd, then nwly along said n edge appro. 228’ to a point which is 15’ e of the w 40 line of the se ¼ of se ¼ of sec. 16, then n 135.20’ then e 620.27’ then s 507.47’ back to POB for 3.10 acres SAT 1999 OR bk 2109 pg 324
OR 227 pg 118 1981 Blizzard to Burnham – same as OR 227 pg 117
OR bk 244 pg 590 1982 Oil, Gas, Mineral Lease Burnham to Eight S Co. - from the se c of sec 16, run s 88 deg 00 min w along sec line (s line of 16) 560.35’ to POB being the intersection of w ROW line of st rd 83A & south line sec 16, then n 41deg 00min e along said w ROW of st rd 83A 166.85’, then n 49 deg 00 min w 210’ then n 41 deg 00 min e parallel to the tangent w ROW of st rd 83A 210’ then s 49 deg 00min e 209.56’ to w row of aforementioned st rd 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’ then s 88 deg 00 min w 399.45 feet, then s 2 deg 8 min e 657.45’ then n 88 deg 00 min e along sec line 87.31’ to w ROW line of st rd N 83A and POB
ALSO Commencing at the se c of sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a graded rd for a POB, the n 86 deg 33 min 59 sec w along n edge of said rd 100.18’, then n 315’ to the run of a branch, then n 85 deg 55 min 17 sec w 234.03’, then s 47 deg 29 min 39 sec w 180’ to the n edge of a graded rd, then nwly along said n edge appro. 228’ to a point which is 15’ e of the w 40 line of the se ¼ of se ¼ of sec. 16, then n 135.20’ then e 620.27’ then s 407.47’ back to POB ALSO begin at the se c of sec 16 and running n 2 deg 30 min w 181’, then s 88 deg 00 w 275.3’, then swly along e boundary line of st rd 83A 234’ to the s boundary line of said sec, then n 88 deg e 428’ to POB ALSO start at se c of sec 16, run n 2 deg 30 min w 181’ for POB, then continue n 2 deg 30 min w 413’ to the e boundary line of st rd 83A, then swly along rd. line 492’, then n 88 deg 00 min e 275.3’ to POB
OR bk 409 pg 855 1987 Leo to Tyrone Burnham – Commencing at the se c of the sw ¼ of the se ¼ of the se ¼ of sec 16, then n along e line of said sw ¼ 152.53’ to the n side of a county graded rd, then n 86 deg 33 min 59 sec w along said rd 100.18’ to the POB, then n 315’ to the centerline of a stream, 316.36’ to the n side of the rd, then sely along said rd a chord bearing of s 66 deg 31 min 57 sec e and a chord distance of 254.25’ to the POB for 1 acre
OR bk 560 pg 89 1989 Burnham to himself – same as OR bk 227 pg 117
OR bk 1142 pg 70 1994 Burnham to Johnson – commence at the se c of sw ¼ of se ¼ of se ¼ of sec 16, run 152.53’ to n side of road, n 86 deg 33 min 59 sec w 100.18’, n 66 deg 31 min 59 sec w along road 254.25’, n 50 deg 40 min 58 sec w along road 171.74’ to the POB, then n 47 deg 29 min 39 sec w 60’ to n side of road, then sely along rd 85 to POB
OR Bk 1322 pg 34 1995 QCD Carol to Leo Burnham – same as OR bk 227 pg 117 1981
OR bk 1690 pg 286 1997 Agreement Burnham to English – commence at the se c of the sw ¼ of the se ¼ of se ¼ sec 16, then run n 152.53’ to the n edge of a paved rd, then run n 86 deg 33 min 59 sec w 100.18’, then run n 315’ to the run of a branch and the POB, then run n 85 deg 55 min 17 sec w 234.03’, then run s 47 deg 29 min 39 sec w 120’ to the ne c of that parcel described in OR bk 1142 pg 70, then nwly along the northern boundary of aforementioned parcel 85’, then run s 47 deg 29 min 39 sec w 60’ to the n edge of rd, then nwly along said rd 143’ to a point lying 15’ e of the w 40 line of the se ¼ of se ¼ of sec 16, then n 135.20, then e 520.09’ then s to the POB
OR bk 2550 pg 353 2003 QCD Leo Burnham to himself – commencing at the se c of the sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a county rd for POB, then n 86 deg 33 min 59 sec w along rd 100.18’, then n 500’ to the n line of s ½ of se ¼ of se ¼, then e along said n line 100’ to the ne c of sw ¼ of se ¼ of se ¼ , then s 507.47 to the POB
OR bk 2553 pg 1749 2003 Peoples National Bank Mort. To Burnham - commencing at the se c of the sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a county rd for POB, then n 86 deg 33 min 59 sec w along rd 100.18’, then n 507.47’, then e 100.18’, then s 507.47’ back to the POB SAT OR bk 2645 pg 815
OR bk 2676 pg 2047 200 Regions Mort. To Burnham – same as OR bk 227 pg 117 1981 SAT OR bk 2740 pg 4932
OR bk 2739 pg 566 2006 Burnham Marital Aff. – Parcel A: commencing at the se c of the sw ¼ of se ¼ of of se ¼ sec 16, then n 152.53’ to the n edge of a county rd for POB, then n 86 deg 33 min 59 sec w along rd 100.18’, then n 500’ to the n line of s ½ of se ¼ of se ¼, then e along said n line 100’ to the ne c of sw ¼ of se ¼ of se ¼ , then s 507.47 to the POB
Parcel B: from the se c of sec 16, run s 88 deg 00 min w along sec line (s line of 16) 560.35’ to POB being the intersection of w ROW line of st rd 83A & south line sec 16, then n 41deg 00min e along said w ROW of st rd 83A 166.85’, then n 49 deg 00 min w 210’ then n 41 deg 00 min e parallel to the tangent w ROW of st rd 83A 210’ then s 49 deg 00min e 209.56’ to w row of aforementioned st rd 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’ then s 88 deg 00 min w 399.45 feet, then s 2 deg 8 min e 657.45’ then n 88 deg 00 min e along sec line 87.31’ to w ROW line of st rd N 83A and POB
Parcel C: Start at se c of sec 16, then run n 2 ½ deg e 126’, then run 88 deg w 438.5 to w ROW of st rd 83A and POB, then run n 49 deg w 210’, then run n 41 deg e 210’, run s 49 deg e to st rd 83A 210’ then s along rd to POB in se ¼ of se ¼ of se ¼ of 16
Less and Except: from the se c of sec 16, run s 88 deg 00 min w along sec line 560.35 to POB, being the intersection of the w ROW line of st rd 83A and south line sec 16, then w along sec line 87.31’, then n to the s ROW of Sarah Street, then ely along said southerly ROW line to the wly ROW line of st rd 83A then swly along said ROW line back to the POB
OR bk 2739 pg 568 2006 Burnham to Walters – same as OR bk 2739 pg 566
OR bk 2748 pg 3688 2007 Burnham to English – same as OR bk 1690 pg 286 1997
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GROVER TO LEO (ORIGINAL TRACT 126’ S OF ACC)
Deed bk 80 pg 600 1940 REL McCaskill to Boone - Begin at the swc of se ¼ of se ¼, running n 5 deg e 660 for POB then n 660’ then e 990, then s 660’ then w 990 for 15 acres
Deed bk 72 pg 530 1944 REL McCaskill to Boone – E ½ of ne ¼ of se ¼ of se ¼ of sec 16 for 5 acres
Deed bk 95 pg 444 1944 Boone to Florence McCaskill – e ½ of ne ¼ of se ¼ of se ¼ for 5 acres
Deed bk 105 pg 121 1946 Boone to Huckaba - Begin at the swc of se ¼ of se ¼, running n 5 deg e 660 for POB then n 660’ then e 990, then s 660’ then w 990 for 15 acres
Deed bk 112 pg 56 1948 Huckaba to Burnham – begin at the sw c of the se 1/4, run n 5 deg e 660’ for POB then n 660’ then e 990’ then s 660’ then w 990 in se ¼ of se ¼ for 15 acres
Deed bk 149 pg 373 1957 Boone to Burnham correction deed – begin at the nw c of the se ¼ of the se ¼, run s 660’ e 990’ n 660’ w 990’ to POB for 15 acres
Deed bk 170 pg 377 1960 Grover to Leo Burnham – Start at se c of sec 16, then run n 2 ½ deg e 126’, then run 88 deg w 438.5 to w ROW of st rd 83A and POB, then run n 49 deg w 210’, then run n 41 deg e 210’, run s 49 deg e to st rd 83A 210’ then s along rd to POB in se ¼ of se ¼ of se ¼ of 16
OR bk 34 pg 374 1973 Burnham Mort. With 1st Nat. Bank – same as Deed bk 170 pg 377 SAT 1981 OR bk 213 pg 263
Deed bk 220 pg 241 1968 Huckaba to Burnham to correct bk 112 pg 56 - begin at the sw c of the se ¼ of the se1/4, run n 5 deg e 660’ for POB then n 660’ then e 990’ then s 660’ then w 990 in se ¼ of se ¼ for 15 acres
OR bk 34 pg 374 1973 First National Bank Defuniak Springs Mort. To Burnham- Start at se c of sec 16, then run n 2 ½ deg e 126’, then run 88 deg w 438.5 to w ROW of st rd 83A and POB, then run n 49 deg w 210’, then run n 41 deg e 210’, run s 49 deg e to st rd 83A 210’ then s along rd to POB in se ¼ of se ¼ of se ¼ of 16 for one acre
OR bk 1016 pg 153 1993 Burnham Mort. To Wilkinson – commencing at the se corner of sw ¼ se ¼ or se ¼ sec 16, then n (numbers are scrambled) 252.71? feet to the n edge of a graded rd, then n 315’ to the run of a branch for POB, then n 85 deg 55 min 17 sec w 234.03’ then s 47 deg 29 min 39 sec w 180’ to the n edge of graded rd, then nwly along n edge approx. 228’ to a point which is 15’ e of the w forty line of the se ¼ of s ¼ of sec 16, then n 135.20’ then e 620.27’ then s 192.47’ then n 86 deg 33 min 59 sec. w 100.18’ back to the POB
OR bk 1282 pg 69 1995 Carol to Leo Burnham – same as Deed bk 170 pg 377 1960 (“for 1 acre” added)
OR bk 1886 pg 1 1998 Regions Mort. To Burnham – same as Deed bk 170 pg 377 1960 (“for 1 acre” added) SAT OR bk 2384 pg 371
OR bk 2381 pg 147 19 Regions Mort. To Burnham – same as Deed bk 170 pg 377 1960 SAT OR bk 2740 pg 979
OR bk 2739 pg 565 2006 SAT. Wilkinson Mort to Burnham – same as OR bk 1016 pg 153 1993 (numbers are scrambled)
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SE CORNER 181’N AND 413 N (ACC) 1st reference -deed bk 229 pg 97 1969
Deed bk 229 pg 97 1969 Grover to David Burnham - begin as the se c of sec 16 and run n 2 deg 30 min w 181’, then s 88 deg 00 min w 275.3’ then swly along e boundary line of st rd 83A 234’ to the s boundary line of said sec, then n 88 deg 00 min e 428’ to the POB
Deed bk 229 pg 140 1969 Grover to Earl Burnham – start at se c of sec 16, run n 2 deg 30 min w 181’ for POB, then continue n 2 deg 30 min w 413’ to the e boundary line of st rd 83A, then swly along rd. line 492’, then n 88 deg 00 min e 275.3’ to POB description furnished by Pleasy Collins
OR bk 69 pg 422 1974 David to Leo Burnham – same as Deed bk 229 pg 97 1969
OR bk 233 pg 83 1981 same as OR 229 pg 140
Or bk 409 pg 854 1987 Burnham to Fiegel – same as deed bk 229 pg 140
OR bk 1283 pg 80 1995 QCD Carol to Leo Burnham - same as deed bk 229 pg 97 1969
SE CORNER 560’ WEST 141.55 N call (ACC) 1st ref – deed bk
Deed bk 216 pg 87 1968 Grover to Leo Burnham – from the se c of 16, run s 88 deg. 00 min w along sec. line (s line of 16) 560.35’ to POB at intersection of w ROW line of 83A and s line of 16, then n 41 deg 00 min e along w ROW of 83A 166.85’, then n 49 deg 00 min w 210’, then n 41 deg 00 min e parallel to the tangent of w ROW 210’, then s 49 deg 00 min e 209.56’ to w row of 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154.0’, then n 24 deg 32 min e 141.55’, then s 88 deg 00 min w 399.45’, then s 2 deg 08min e 657.45’ thence n 88 deg 00 min e along sec line 87.31’ to w ROW line of 83A and POB
OR bk 69 pg 292 1974 Burnham to Freeport Loan Co. - from the se c of sec 16, run s 88 deg 00 min w along sec line (s line of 16) 560.35’ to POB being the intersection of w ROW line of st rd 83A & south line sec 16, then n 41deg 00min e along said w ROW of st rd 83A 166.85’, then n 49 deg 00 min w 210’ then n 41 deg 00 min e parallel to the tangent w ROW of st rd 83A 210’ then s 49 deg 00min e 209.56’ to w row of aforementioned st rd 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’ then s 88 deg 00 min w 399.45 feet, then s 2 deg 8 min e 657.45’ then n 88 deg 00 min e along sec line 87.31’ to w ROW line of st rd N 83A and POB SAT OR bk 98 pg 14
OR bk 98 pg 12 1976 Burnham Mort. To Freeport Loan Co. – same as OR bk 69 pg 292 SAT 1977 OR bk 130 pg 143
OR bk 130 pg 144 1977 Burnham to Freeport Loan Co. - same as OR bk 69 pg 292
OR bk 160 pg 444 1979 Burnham Mort. To Freeport Loan Co. - same as OR bk 69 pg 292 SAT 1981 OR bk 212 pg 43
OR bk 213 pg 265 1981 Burnham Mortgage to The First National Bank – Commence at the se c of 16, run s 88 deg w along the sec line 560.35’ to the w ROW of st rd 83A, then run n 41 deg e along ROW 155’ 4 ½” to a POB, then continue n 41 deg e along ROW line 221.48’, then nely along ROW and curving concave to the se 288.95’, then s 88 deg 22 min w 154’, then n 24 deg 32 min e 141.55’ then run s 88 deg w 399.45’ then s 2 deg 8 min e 533.45’ then r n 88 deg e 186.5’ to POB and
Beginning at the se c of sec 16, then run 2 deg 30 min w 181’ then s 88 deg 0 min w 275.3’ then run swly along the e boundary line of 83A 234’ to the s boundary line of sec. then run n 88 deg 00 min 428’ to the POB
OR bk 293 pg 516 1984 Burnham Mortgage – same as 213 pg 265
OR bk 560 pg 87 1989 Burnham to himself – from the se c of sec 16, run s 88 deg 00min w along sec line (south line of 16) 560.15’ to POB, being the intersection of w ROW line of st rd 83A and s line of sec 16, then n 41 deg 00 min e along said w ROW of st rd 83A 166.85’ then n 49 deg 00 min w 210’ the n 41 deg 00 min e parallel to the tangent of w ROW of st rd 83A 210’ then s 49 deg 00 min e 209.56’ to w ROW of afore mentioned st rd 83A, thence along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’, then s 88 deg 00 min w 399.45’, then s 2 deg 08 min e 657.45’, then n 88 deg 00 min e along sec line 87.31’ to w ROW line of 83A and POB
OR bk 1282 pg 71 1995 QCD Carol to Leo Burnham - same as OR bk 69 pg 292
OR bk 1771 pg 365 1998 Burnham to Spraggins – from the se c of sec 16, run s 88 deg 00 min w along sec line 560.35 to POB, being the intersection of the w ROW line of st rd 83A and south line sec 16, then w along sec line 87.31’, then n to the s ROW of Sarah Street, then ely along said southerly ROW line to the wly ROW line of st rd 83A then swly along said ROW line back to the POB
SE CORNER 560’ WEST 141.55 N call (ACC) 1st ref – deed bk 213 pg 265
OR bk 106 pg 153 1993 Mortgage between Wilkinson to Burnham – commence at se c of sw ¼ of se ¼ of se ¼ in sec 16 thence n (looks like) 252’ to n edge of a graded rd thence n 315’ to the run of a branch for POB thence n 85 deg 55 min 17 sec w 234.03’ thence s 47 deg 29 min 39 sec w 180’ to the n edge of a rd aprox 228’ to a point which is 15’ e of the w 40 line of the se ¼ of se ¼ of sec 16 thence n 135.20’ thence e 620.27’ thence s 192.47’ thence n 86 deg 33 min 59 sec w 100.18’ back to POB
OR bk 1886 pg 7 1998 Burnham Mortgage – commence at se corner of 16 run n 2 ½ deg e 126’, run s 88 deg w 438.5’ to w ROW of st rd 83A and POB then run n 49 deg w 210’ then run n 41 deg e 210’ then run s 49 deg e to st rd 83A 210’, then run s along rd. 210’ to POB in SE ¼ of se ¼ of se ¼ for 1 acre
BURNHAM TO GARODNICK AND LOT 1
1. Deed bk 135 pg 193 1955 Weathers to Burnham – Lot 1 of Bayou Lagrange
2. Deed bk 135 pg 195 1955 Weathers to Burnham – East ½ of ne ¼ of se ¼ of se ¼ and se ¼ of se ¼ of se ¼ sec 16 for 15 acres
3. Deed bk 175 pg 77 1961 Grover to Hazel Burnham - Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16 for 1 acre
4. Deed bk 208 pg 316 1967 Burnham to Garodnick – commence at the se c of the se ¼ of se ¼ of 16, run n 2 deg 30 min w a distance of 530’ then run s 87 deg 45 min w a distance of 146’ to w boundary of state rd 83A for POB then run s 87 deg 45 min w 154’ then run n 25 deg 00min e for 210’ then run n 87 deg 45 min e 154’, then s 25 deg 00 min w for 210 along the w ROW of St. rd. 83A to POB Surveyed by Pleasy Collins REF: bk. 135 pg 195
5. OR bk 289 pg 260 1984 Mortgage to Garodnick – same as deed bk 208
6. Vol 105 pg 79 1970 RM Grasswick and Burnham – can’t view online
7. Deed bk 231 pg 435 1970 Lot 1 of Bayou Lagrange S/D, and that part w of st rd 83A of n ½ of se ¼ of se ¼, except a parcel described as follows: Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16 and except commencing at the se c of sec 16 run n 2 deg 30 min w along the sec line 530’; then s 87 deg 45 min w 146’ to the w boundary line of st rd 83A; then n 25 deg e along the w boundary line of said rd 210’ for POB; then s 87 deg 45 min w 154’; then s 25 deg w 68’; then s 88 deg w 76’; then n 10 dege 115.5’ to driveway; then n 65 deg e 338.5’ to the w boundary line of st rd 83A, then s 23 deg 15 min w along said roadline 190.5’ to POB, and except a parcel 154’ e and w by 68’ n and s in the se c of said tract, being a portion of the property heretofore conveyed to Max Garodnick
8. Deed bk 235 pg 472 1970 Wilburn to Caroline Burnham – begin at a concrete monument at the nw c or Lot 1, Bayou LaGrange subdivision, run then e along the n line of said lot 215’ to the 50’ ROW of st rd 83A, then swly along said rd 337’ to an iron pipe, then n 59 ½ deg w 172’ to an old fence, then n 21 deg 8 min e along fence 240’ to POB, being a part of said Lot 1, and a part of the e ½ of ne ¼ of se ¼ of sec 16
9. Deed bk 236 page 408 1971 Burnham to Garodnick – commence at the se c of 16, run n 2 deg 30 min w a distance of 530’ then run s 87 deg 45 min w a distance of 146’ to w boundary of state rd 83A, then n 25 deg 00 min e along w boundary line of rd 210’ for POB then s 87 deg 45 min w 154’ then s 25 deg 00 min w 68’ then s 88 deg 00 min w 76’, then n 10 deg 00 min e 115.5 ‘ to driveway, then n 65 deg 00 min e 339.5’ to w boundary line of st rd 83A then s 23 deg 15 min w along w boundary line of rd 190.5 to POB description furnished by Pleasy Collins
10. OR bk 46 pg 11 1973 SAT of Morg. Grasswick to Burnham vol 105 pg 79 – Lot 1 of Bayou Lagrange S/D, and that part w of st rd 83A of n ½ of se ¼ of se ¼, except a parcel described as follows: Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16 and except commencing at the se c of sec 16 run n 2 deg 30 min w along the sec line 530’; then s 87 deg 45 min w 146’ to the w boundary line of st rd 83A; then n 25 deg e along the w boundary line of said rd 210’ for POB; then s 87 deg 45 min w 154’; then s 25 deg w 68’; then s 88 deg w 76’; then n 10 dege 115.5’ to driveway; then n 65 deg e 338.5’ to the w boundary line of st rd 83A, then s 23 deg 15 min w along said roadline 190.5’ to POB, and except a parcel 154’ e and w by 68’ n and s in the se c of said tract, being a portion of the property heretofore conveyed to Max Garodnick
11. OR bk 185 pg 557 1980 (says 1971 on paper) Grover to Leslie Burnham - Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16
12. OR bk 289 pg 260 1984 Garodnick Mortgage – description same as bk 236 pg 408 in 1971
BUXTON
OR Bk 2549-1196 2003 Buxton to Reis – south ½ of the following property: The w ¾ of the w ½ of sw ¼ of se1/4 of sec. 16
OR bk 2732 pg 4291 2006 Reis Mortgage – commence at the sw c of se ¼ of 16, go s 88 deg 46 min 02 sec e along the s line 162.29’ to POB, then go n 01 deg 39 min 08 sec e 466.70’ go s 88 deg 39 min 46 sec e 466.70’ go s 1 deg 39 min 08 sce w 465.85’ to a point on s line of 16 go n 88 deg 46 min 02 sec w 466.71 to POB
OR bk 2735 pg 4467 Reis-Quillian easement – has boundary survey on page 4475, no fence shown, no monumentation found (other than Odom’s surveyors)
OR bk 325 pg 134 1984 Dobrila Hansen to George Bryan – the n ¼ of the se ¼ of the se ¼ of sec 21. Grantor reserves a strip 30’ in width across the northern and western boundaries of above described lands for the purpose of ingress and egress. Said easement along western boundart to extend from the n ROW of county road to the northwest corner of the described lands. Subject to ROW from Dobrila Hansen Hodge, a widow to the Board of County Commissioners of Walton County Florida as recorded in deed bk 227 page 10 public records of Walton County, Florida
Deed bk 105 pg 26 Boone to McCaskill 420’x530’
Needs to be indexed
Deed bk 44 pg 37 1914 Sheriff deed (Niles) to Gillis – nw ¼ of se ¼ and ne ¼ of sw ¼ for 80 acres
Deed bk 46 pg 463 1916 turpentine lease from Niles to McCaskill
Deed bk 236 page 408 1971 Burnham to Garodnick - this has a 210’ call not identified in Garodnick’s previous deed from Burnham
The SW ¼ of the SE ¼
Deed bk 11 pg 335 1899 School Board to Thorp/Richardson – sw ¼ of se ¼, nw ¼ of sw ¼, and s ½ of sw ¼ for 240 acres
Deed bk 76 pg 319 1934 Tax Deed to Richardson -sw ¼ of se ¼ except w ½ of e ½ of sw ¼ of se ¼ -for 30 acres
Deed bk 78 pg 141 1936 Richardson to Richardson - same description as 76-319
The ne ¼ and nw ¼
Deed bk 19 pg 540 1901 Stanley/McCullough to Bludworth - ne ¼ of se 1/4
Deed bk 18 pg 321 1904 Bludworth to McCaskill - the nw ¼ of the se ¼
Deed bk 37 pg 463 1913 Niles to Davis – the nw ¼ of the se ¼, etc
Deed bk 44 pg 37 1914 Sheriff’s deed to Gillis - nw ¼ of se ¼ and ne ¼ of se ¼
The sw ¼
Deed bk 37 pg 463 1913 Niles to Davis – ne ¼ of sw ¼ , etc
Deed books 72-536 and 116-503 shows confusion McCaskill to Laird
BAYOU LAGRANGE SUBDIVISION OF SECTIONS 15 & 22
PLAT BOOK 2 PAGE 34 1943
The north line of section 22 has moved north by 25 acres and the land mass has changed from 96 acres (BLM survey- Govt. Lot 4) to 146.64 acres (Coleman’s survey approved by Walton County Commissioners) reflecting a difference of 50.54 acres
In relation to the case, the relevance is that BLM sections 15, 16, 21, and 22 and the Bayou LaGrange subdivision share the same common corner locations. This portion of the report shows northern and western movement of the NW and SW corners of section 22, which impacts all associated sections. The land mass originally surveyed was 96 acres as Government lot 4 by the BLM.
The history of public records shows that Chinquapin branch was originally used as a dividing line of the 96 acres, with 40 acres located north of the branch and 56 acres located south of the branch (see 1 and 2). Later deeds identify 65 acres north of the branch and 25 acres south of the branch (see 3,4,5,6,7 and 8). The activity involved with all the deeds from 1889 to 1906 are questionable, since a statement is issued from the Commissioner of Agriculture that deed #3253 was issued by the St. of Florida Trustees of Internal Improvement Fund, and was sold in 1860 to M. Crawford (see 9) A lawsuit between Crawford and McCaskill was filed in Walton County courthouse within the time frame of the questionable deeds and Commissioner Of Agriculture’s statement, but the case and associated files have disappeared from the public records of the Clerk of Courts office in Walton County (case # ). There is no public record to be found on how or why McCaskill ultimately obtained the land as that issue ended, but the northern section line location that was established by the previous deeds seems to be used after any resolution made. The current (northern) line of section 22 does not match the measurements or surrounding profile of the terrain, and is not straight in comparison with the BLM survey. The current corner is marked with an ACC monument, placed in 1953 by Cook. To the south of the current corner being used, there is an interesting brass capped pipe monumentation on Robinwood Drive. All recent surveyors are “discounting” this location due to the great distance from the current corner. Evidence would seem to show that someone tried to remove it, was unsuccessful, and then hammered the top cap over so that it can’t be viewed. Our research has found another survey in the public records which identifies a brass capped pipe as placed by the USGS. Where is Chinquapin branch in relation to the brass pin? The theory is 40 Acres south, with the (later) 65 acre discrepancy establishing the ACC corner. This supports a 25 acre northern movement of the section line and corner location over time.
Connections to other portions of this report:
Northern movement of the common corners impact land size and location with a ripple effect. This is evident with the issues of Lot 7 in Section 27 immediately to the south of Section 22, where the land mass has grown from .48 of an acre (BLM) to almost 6 acres (City of Freeport, and Walton County)
The NE corner of Section 15 was ruled upon when an ACC monument was found not to be a true corner in a 1950’s civil issue. The ruling supports the other corner location in question even though testimony states a lightwood stake was so far away from the 2 corners in the dispute that the stake was “discounted.”
An ACC monument was found to be a true corner is our issue, even though the line was not straight as required by the BLM. A nearby confirmed BLM lightwood stake was also disregarded by the judge.
Section 15 SW corner
Deed bk _____ pg 325 1907 McCaskill to Stanley – 8 ½ acres of land in the SW corner fo the w ½ of the sw 4 of sw 4 sec 15 described as follow:
Section 22 NW corner
1. Deed bk 6-pg 56 1889 Bauler to Crook - 40 Acres in NW corner of Lot 4 Section 22
2. Deed bk 6-pg 455 1889 Bauler to Bauler - All of Lot 4 except 40 acres in NW corner of Lot 4 Section 22 & total 56 acres south of Chinquapin branch
3. Deed bk 6-pg 54 1890 Bauler to Crook - 25 acres south of 40 Acres in NW corner of Lot 4 Section 22
4. Deed bk 7-pg 200 1894 Bauler to Bauler - All of Lot 4 except 65 acres north of Chinquapin branch
5. Deed bk 14-pg 14 1900 Bauler to Bludworth - All of Lot 4 except 65 acres north of Chinquapin branch
6. Deed bk 30-pg 23 1902 Crook to Freeport Lumber - 40 Acres in NW corner of Lot 4 Section 22 and 25 acres south of 40 Acres in NW corner of Lot 4
7. Deed bk 15-pg 616 1903 Bludworth to McCaskill - All of Lot 4 except 65 acres north of Chinquapin branch
8. Deed bk 24-pg 55 1906 Freeport Lumber to McCaskill - 40 Acres in NW corner of Lot 4 Section 22 and 25 acres south of 40 Acres in NW corner of Lot 4
9. Deed bk 33 pg 255 1910 State of Florida to M. Crawford - statement from the Commissioner of Agriculture that deed #3253 was issued by St. of Flor. Trustees of Internal Impro. Fund and was sold in 1860 to M. Crawford
During the same time frame as the ownership dispute and northern section line migration for the NW portion of section 22 (ie: Gov. Lot 4), the McCaskills acquired and sold surrounding properties in surrounding sections that used the same corner reference. One of the transactions divides the SW ¼ of the SW ¼
of section 15. Subsequent deeds and ancient fence lines support the SW section 15 corner and section line location to be north of the brass pin, and south of the ACC monument. This line seems to coincide with the southernmost portion of the 82’ south line of a less and except identified in Sec. 21 on the Baskerville Donovan survey, and identified as the section line according to public records involved with Leo Burnham. This will be addressed in Section 16 and 21 reports
Needs to be indexed
1. Deed bk 30 pg 115 1905 McCaskill to Gillis - begin at a point on 4 mile creek 264’ north of section line and go w 648’ n 432’ e 645’ down the bank to POB area known as Old Shipyard Ways
2. Deed bk 25 pg-325 1907 McCaskill to Stanley - w ½ of sw ¼ of sw ¼ of section 15 Begin at sw c run e 220 yds n 185 yds w 220 yds s 185 yds for 8 ½ acres
3. Deed bk 26 pg-134 1908 Stanley to McCaskill - w ½ of sw ¼ of sw ¼ of section 15. Begin at sw c run e 220 yds n 185 yds w 220 yds s 185 yds for 8 ½ acres
4. Deed bk 26 pg 235 1907 McCaskill to McCaskill - w ½ of sw ¼ of sw ¼ of section 15 for 20 acres less 8 ½ acres sold to Stanley
Deed bk 34 pg 460 1911 McCaskill to Mayo – The w ½ of sw ¼ of sw ½ of sec 15 containing 10 acres known as C K McCaskill property and does not include the Arthur Stanley place.
5.Deed bk 16 pg 31 1903 Tax deed to Taunton - 3 acres in nw c of sw ¼ of sw ¼ in section 15
Deed bk 22 pg 293 1906 Taunton to McCaskill - 3 acres in nw c of sw ¼ of sw ¼ in section 15
Plat bk 2 pg 34 1943 Survey of Bayou Lagrange subdivision
Deed bk 89 pg 294 1944 McCaskill to Gillis – Lot 5 in Bayou Lagrange for 8.28 acres
Deed bk 109 pg 77 1946 McCaskill to Johnson – Lot 6 for 10.2 acres
Deed bk 109 pg 31 1946 McCaskill to Weathers – SE ¼ of SE ¼ of SE ¼ and E ½ of NE ¼ of SE ¼ of SE ¼ of sec 16 for 15 acres ALSO: Lot number one in Bayou LaGrange, containing 1 and fraction acres
Deed bk 133-497 1953 McCaskill to Fannin - Option Agreement all of lot 6 for 10.2 acres
Deed bk 152 pg 145 1957 McCaskill to Fannin - all of lot 6 for 10.2 acres
Deed bk 152 pg 257 1957 Fannin to Laird - n ½ of lot 6 in Bayou Lagrange with the northern boundary being on 4 mile creek for 5 acres
Deed bk 164 pg 1 1959 Laird to Laird - n ½ of lot 6 in Bayou Lagrange with the northern boundary being on 4 mile creek for 5 acres
Deed bk 165 pg 213 1959 Laird to Laird - n ½ of lot 6 in Bayou Lagrange with the northern boundary being on 4 mile creek for 5 acres
Deed bk 183 pg 344 1962 Hansen to Laird - lot 8 for 19.34 acres
185-551 n ½ of Lot 6 exc. W 675
Deed bk 186 pg 179 1963 Laird to Laird lot 8 for 19.34 acres
Deed bk 188 pg 264 1963 Laird to Fannin - w ½ of lot 6 for 10.2 acres
Deed bk 189 pg 228 1963 McCaskill /Fannin/Laird - corrective warranty deed and ROW McCas. conveyed all of lot 6 to Fannin Fannin conveyed n ½ to Laird and should have been all of lot 6 except the w 675’. Parties tried to correct in previous deeds 20’ row issued
Deed bk 190 pg 19 1963 Fannin to Walton County - easement for 50’ off of lots 5, 6, and 7
Deed bk 212 pg 110 1967 Fannin to Caswell - w ½ of lot 6
Deed bk 230 pg 274 1970 McCaskill to Grasswick – that portion of Government lot 8 lying west of st. rd. 83 and s of Four Mile Creek
OR bk 2 pg 452 1971 Wood to Hales - n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 185 pg 551 1980 Hales to Hales - n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 20 pg 499 ? n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 2 pg 542 ? n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 2663 pg 3098 n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
COMMON CORNER OF SE 10, SW 11, NW-14, NE-15
The current location that is being used as the common corner for these sections was originally established by S.K. Miller –Walton County surveyor in 1926 (see 1) Mr. Miller does not find a BLM monument or any form of monumentation, nor does he retrace the BLM steps with his survey work. He places monumentation for the subdivision, and establishes a section corner rather than recovering the original corner.
This corner location comes into question through litigation in 1957 with case # 7120 (see 3) Armstrong Cork Company vs. Silcox and Thomason. The Judge states that “the court is of the opinion that plaintiff has failed to establish by a preponderance of the evidence, as was its burden, the correctness of the line relied upon – the Cook survey- rather than the line contended for by the defendants- the Edwards survey”(see page 5 – final decree). The Plaintiff petitioned for a rehearing of the cause, “and prays that the court will designate another surveyor or surveyors to revisit the SW corner of 14 (SE corner of 15) to “take the necessary technical steps to fix the north and south lines based on that corner, which is established by all of the testimony as being correct ”(see page 6). The motion for a rehearing was denied, and the problem continues for other generations as a result.
The transcript from the above referenced case was filed in 1958 in Walton County, and became part of a review with the Court of Appeals of the First Appellate District of Florida in 1958. A Mandate issued on Oct. 9, 1959 upheld the original ruling and the corner established by Garland Edwards is supported as part of the ruling in Chancery vol. 13 page 306. The transcript of the case contains testimony that reveals neither plaintiff nor defendant had recovered the proper corner location.
The surveyor for the plaintiff ACC is J.W. Cook. Cook testifies that he “established” the section line between sections 10, 11, 14 and 15 (see page 12). The surveyor for the defendants is Garland Edwards, who is also identified as the County Surveyor (see pg. 33). Edwards testifies that he “ ran on the meridian line between two proven points. This area in here was laid out on a variation of 3 degrees”. He states “the government field notes called for 6 degrees 10 minutes or 6 degrees 20 minutes. That is approximately 3 degrees”(see pg. 37). Edwards testifies that he has “proven every corner in Section 15” (see pg. 40). Edwards testifies that Section 15 was “surveyed by Stephens and accepted by the county as official”(see pg. 42). He continues to identify the Plan of the Town of Freeport, as surveyed and platted by W.J. Stephens, Deputy U.S. Surveyor (see pg 43). Edwards testifies “I ran from the ½ mile post on the north line of 15 2640 feet east on a true latitudinal line as I found it, which is a variation of 3 degrees east. I found the section corner and proved it…” (see pg. 43) He states “ I orient my instrument to the north-south meridian which in this case was a north 3 degree east on the needle” (see pg. 51) and “I ran from the north 87 degree east on the needle” (see pg. 54) and “north 87 east magnetic” (see pg. 56), and “I started at the middle point of the north line of 15 and ran east 87 degrees north…” (see pg. 68).
John Sims is introduced as a witness for the plaintiff, and is identified as a civil engineer and registered surveyor hired by ACC to check both corners in dispute (see pgs. 89- 90). Sims testifies that “looking around we did not find anything other than the two corners and one old squared lightwood stake that was so far off that we discounted it” (see pg. 93). Because ACC was unable to prove the correct corner location, the other corner location (established by Garland Edwards going the wrong direction) was upheld, even though it was not proven to be correct either. This ruling helped perpetuate the ripple effect that seems to be involved with this current litigation. The points identified in the ACC case are important to the defendant’s current case in several ways.
1. It shows a significant difference between 2 corner locations placed, not retraced by the surveyors involved.
2. Garland Edwards –Walton County Surveyor- testifies that he has proven every corner in Section 15. Mr. Odom may be using one of Edwards corners.
3. Garland Edwards testifies several times that he used a north 3 degree east bearing from the middle point of the north line of 15 and travelling east to establish his NE corner of 15. He should have been travelling southeast to retrace the original BLM steps, and was clearly going the wrong direction when compared to the bearings identified with the 1826 survey of the township. If Edwards went the wrong direction to establish the NE corner of 15, it’s a real possibility that he took the wrong direction to establish the NW corner, the SE corner, and the SW corner of 15 – which happens to be the corner at issue in this current litigation.
4. Garland Edwards testifies to the validity of the Plan of the Town of Freeport, as surveyed and platted by W.J. Stephens, Deputy U.S. Surveyor. Research has shown that Stephens was approved to do work as a Deputy U.S. Surveyor, and was offered a job once by the Federal Government. Stephens requested more money to be able to do the job, and was denied the request. He was never offered another opportunity to work for the Government, and had no right to ever sign any document in an official capacity unless requested by the Federal Government. In 1901, he drafts a plat of existing boundaries within section 15. The original unsigned cloth survey is housed with the Tax Appraiser’s office in the “Unrecorded plats” file. Unrecorded plats, according to the tax appraiser’s office, are document, plats, and surveys that do not meet the criteria to be filed as an official document. Somehow, this document became “Official” because you can obtain copies of it at the Walton County Clerk of Courts office. The version at the Clerk of Courts office differs from the original in that it is signed ”W.J. Stephens U.S. Duputy Surveyor”. The tax appraiser Patrick Pilcher, had another version hanging on the wall in his office, which was on loan from a friend. This version is signed (in different handwriting) W.J. Stephens U.S. Deputy Surveyor. This document in its various versions, does not give measurements to the locate or confirm any of the corners of Section 15, but has become heavily relied upon by landowners and surveyors - to include the Walton County Surveyor, Garland Edwards.
5. John Sims testifies that when checking the area “We did not find anything other than the two corners and one old squared lightwood stake that was so far off that we discounted it”. There is a good chance the lightwood stake was an original BLM corner. These are the same types of measurement discrepancies that occur in other parts of the township, and the monumentation that is ignored or discounted over time because they are so far off from corners that are established, and not retraced by surveyors.
Several attempts to locate files, surveys, and any information on work done by the Walton County Surveyors office have been made. There is no record or knowledge of the past surveyors anywhere to be found. We are especially interested in work done by S.K. Miller and Garland Edwards, since their work includes lands and establishing corners in Freeport, according to the few public records that have been found (see 1 and 2 case #7120).
1. Plat bk. 2 pg. 5 - 1926 Grantham Subdivision / Walton Heights by S.K. Miller – Walton County Surveyor
2. Deed bk 121 pg 257 1952 McCaskill to Jane Simmons – N ½ of NE ¼ of NE ¼ of Sec. 15
3. Entire case #7120 Armstrong Cork Company vs. Wilson Silcox and Max Thomason, from 1957-1959
THE NW CORNER OF SECTION 27
The current location used as the NW corner of Section 27 is a concrete monument that was placed with ACC - Cook survey work in 1953 and 1954. The original 1826 survey identifies the land area at the corner as Government Lot 7, with measurements of 3.50 chains (231’) from the corner location east to the waters edge (the north line) and 2.75 chains (181.5’) from the corner location south to the waters edge (the west line). The land mass of the original tract is identified as .46 acres, and the profile is triangular in shape.
A survey done in 1943 of Bayou Lagrange subdivision –plat bk 2 page 34, identifies the north section line measurement as 655’ representing a difference of 424’ compared to the original BLM survey. A measurement taken off of the adjoining property – OR book 481 page 277 to the west gives a measurement of 610’ on the west line that was originally surveyed as 181.5’, representing a difference of about 428.5’ compared to the original BLM survey. The current report on the Walton County Tax Appraiser’s website identifies the current land mass of Government Lot 7 as 5.968 Acres, which is a significant difference compared to the original .46 acre parcel.
This confusion is evidenced by deeds on two properties located immediately west and south from this same corner. The properties are identified as located in the NE ¼ of section 28, and use the same common corner as NW corner of Section 27. OR book 481 page 277 gives a surveyors measurement of 871.97’ to the mean high water line. The adjoining property identified in Plat book 7 page 8A of LaGrange Shores subdivision has a surveyor’s cumulative measurement of 972.03’ on the same line.
The South 1/2 of Section 22 east of Four Mile Creek – Gov. Lots 5 & 6
The area has grown by 27.22 acres and moved north by at least 440 feet
On Nov. 2.1854, patent #26030 was issued by the BLM via a military warrant recorded in Vol. 82 pg. 140 to Iona Griffin and passed to Henry Yonge for 15975/100th acres identified as Government Lot 6 in Sec. 22T l S R l9 W. On May 1,1855, patent #11599 was issued by the BLM to Henry Yonge for 53 acres identified at Government Lot 5 in Sec. 22T l S R l9 W. The total acreage for Gov. lots 5 and 6 totaled 212 and 75/100th . The profile of the terrain and shoreline are shown on the BLM plat of T1S R19W for the bottom of Sec. 22 Government lots 5 and 6. The field measurement recorded by the BLM for the south line of Sec.22 is 32.l0 chains, or 2112.66 feet. The BLM normally monumented all 1 mile corners and ½ mile points within the TRS grids surveyed. The BLM did not place a ½ mile post on the south line of Sec.22 because the post would have been located at the water's edge or in the water, and is evidenced on the BLM plat of T1S R19W. The line dividing the SE ¼ from the SW ¼ in Sec. 22 ended at thewaterline, and a ½ mile post was not placed along the south line of Sec. 22.
On July 6th, 1885, a tax deed (1) was sold by Walton County to Michael King for unpaid taxes on the SE ¼ of Sec. 22 and the E ½ of the SW ¼ of Sec. 22 TIS Rl9W. The total acreage identified on the deed is for 240 acres. No reference to the two original descriptions from the BLM patents is given on the tax deed. The land mass identified on the tax deed as 240 acres does not match the BLM's total of 212 &75/100th . The differences between the tax deed compared to the BLM plat & patents indicate that the north line of the SE and SW quarter sections would be relocated either too far north at 240 acres. In tracing the chain of title forward from the tax deed sold by Walton County, the field measurement for the south line of Sec. 22 is currently identified as about 3388 feet long. This measurement does not match the BLM's original measurement of 2112.66, and reflects a difference of about 1275.34 feet. Subsequent land owners to the Tax Deed sold are using a ½ mile point on the south line of Sec.22 that is located over 440 feet north of the water's edge. If the BLM had placed a post, it would have been close to the proximity of the water’s edge, not 440 feet north. However, the BLM did not place a post. At this time, lands originally identified by the BLM plat and patents issued located in Sec. 22, are currently identified in Sec. 27
1. Deed bk 2 pg 199 tax deed to Michael King SE ¼ & E ½ of SW ¼ in Sec. 22 for 240 acres
The NE Corner of Section 27- east of Four Mile Creek Govt. Lot 1
The field measurement recorded by the BLM for the north line of Sec.27 is 32.l0 chains, or 2112.66 feet. The BLM did not place a ½ mile post on the north line of the section, since the line ended at the water’s edge at 2112.66 feet, which is 527.34 short of the ½ mile location. At this time, land originally identified by the BLM plat and patents issued located in Sec. 22, is currently identified in Sec. 27
Needs to be finshed and indexed for Section 27
OR bk 16 pg 302 1972 Madden to Godwin Begin 2415’ n of the se c of Lot 1, run w 198’, n to the n line of lot 1, e 198’ to ne/c of said lot, s to the POB
OR bk 2680 pg 2150 2005 Godwin to Watson Land – Parcel 1: Begin 2415’ n of the se c of Lot 1, run w 198’, n to the n line of lot 1, e 198’ to ne/c of said lot, s to the POB
Parcel 2: Begin at an iron pin 3 chains (198’) w of the ne corner of Lot 1, sec 27, then w 420, then s 420, then e 420, then n 420 to the POB
COM 1995 FT N OF THE SE/C OF LOT 1 OF SEC 27-1S-19W THENCE W 210FT THENCE N 420FT THENCE E 210FT THENCE S 420FT TO THE POB (CONT 2AC M OR L) *LESS: ROW OR 2682-4767 OR 2768-224
OR bk 2795 pg 3279 2008 Griffee/Watson to St. of Flor.- a parcel of land being in Gov Lot 6, sec 22, and including a portion of Lots 89 and 90, Paradise Subdivision, an unrecorded subdivision being in said Gov. Lot 6 described as follows: Commence at a 4”x4” concrete monument (no ID) marking the se corner of said Sec 22, then n 86 deg 14 min 59 sec w 1,010.13’ along the south line of sec 22 to the centerline of survey of ST. RD 83 (US 331), as shown on FDOT ROW map FP 2206791, then n 18 deg 52 min 15 sec e 1,317.54’ along said centerline of survey, then departing said centerline, run n 71 deg 07 min 45 sec w 60’ to an intersection of the existing w ROW line of St Rd 83 with the existing nly ROW line of an unnamed county rd, as shown on said ROW map, and POB, then n 85 deg 12 min 55 sec w 98.98’ along said existing nly ROW line of an unnamed road, then departing said nly ROW line, run n 18 deg 52 min 15 sec e 53.02’ then n 20 deg 12 min 05 sec e 86.13’ to a point on a non-tangent curve to the right (concave sely) then (from a tangent bearing of n 18 deg 52 min 15 sec e) nely along said curve, having a radius of 23,028.32 feet, for a distance of 110.07’ through a central angle of 00 deg 16 sec 26 min to the sly line of that certain property as described in OR bk 189 pg 59, and end of curve, then s 71 deg 06 sec 32 min e 93.74’ along said sly property line and/ or the ely extension thereof to said existing wly ROW line of ST RD 83, then s 18 deg 52 min 15 sec w 225.08’ along said wly ROW line to POB for .515 acres
OR bk 2705 pg 3452 2006 to Rampar COM AT A POINT ON THE N LINE OF SEC 27-1S-19W 618FT W OF THE NE/C THENCE W ALONG THE SEC LINE TO THE E BDY OF ST RD #83 THENCE S 18 DEG W ALONG SAID RD 752.40FT M OR L TO A POINT 210FT N OF THE WATER'S EDGE OF RAMSEY BRANCH THENCE S 73 DEG E 210FT THENCE S 17 DEG W 210FT M OR L TO THE WATER'S EDGE OF RAMSEY BRANCH THENCE IN A NELY & ELY DIRECTION ALONG THE WATER'S EDGE OF SAID BRANCH TO A POINT DIRECTLY N OF AN OLD POST LOCATED 525FT W OF THE E LINE OF LOT 1, 686FT S OF THE N LINE OF LOT 1 THENCE S 84FT M OR L FROM SAID POST THENCE E 315FT THENCE N 350FT M OR L TO A POINT WHICH IS 420FT S OF THE N LINE OF LOT 1 & 210FT W OF THE E LINE OF LOT 1 THENCE W 420FT PARALLEL TO THE N LINE OF LOT 1 THENCE N 420FT M OR L TO POB
**MORE PARTICULARLY DESC PER SURVEY BY GULFCOAST SURVEYORS DATED 12-05-05 PROJECT NO. 05-930 AS FOLLOWS: COM AT THE NE/C OF SEC 27 1S-19W THENCE S 01 DEG 32'08"E ALONG THE ELY LINE OF SAID SEC 350.24FT TO A 4"X4" CONCRETE MONUMENT THENCE DEPARTING SAID E LINE RUN N 86 DEG 06'28"W 198.10FT TO A 1/2" IRON ROD (NO #) THENCE N 86 DEG 11'42"W 11.98FT TO A 1/2" IRON ROD (NO #) THENCE S 01 DEG 12'41"E 70.20FT TO A 1/2" IRON ROD (NO #) & THE POB THENCE N 86 DEG 14'25"W 408FT TO A 1/2" IRON ROD (LB 7396) THENCE N 01 DEG 28'58"W 420FT TO A 1/2" IRON ROD (LB 7396) THENCE N 86 DEG 17'09"W 341.03FT TO A 4"X4" CONCRETE MONUMENT (NO #) ON THE ELY ROW LINE OF ST RD #83 (AKA US HWY #331 100FT ROW) THENCE S 18 DEG 00'00"W ALONG SAID ELY ROW 755.23FT THENCE DEPARTING SAID ROW GO S 70 DEG 57'55"E 200FT TO A 4" IRON PIPE (NO #) THENCE S 17 DEG 00'00"W 209.31FT M OR L TO THE APPROXIMATE WATER'S EDGE OF RAMSEY BRANCH THENCE MEANDER ALONG SAID APPROXIMATE WATER'S EDGE THE FOLLOWING COURSES: NELY 811FT, SELY 28.64FT, SWLY 178FT, SELY 327FT M OR L TO A POINT THAT LIES S 01 DEG 39' 13"E FROM THE POB THENCE DEPARTING SAID WATER'S EDGE GO N 01 DEG 39'13"W 308.60FT M OR L TO THE POB (CONT 11.36AC M OR L) OR 2705-3452
COM 964 FT W OF SE COR SEC 22, N-ELY 34.5 FT FOR BEG, N-ELY 200 FT, RUN E 150 FT, S 200 FT, W TO BEG OR 19-258 ALSO COM AT SE/C, RUN S 89 DEG 45'W 1088.8 FT TO E R/W ST RD 83, RUN N 18 DEG 01'E 232.5 FT TO POB, CONT N 18 DEG 01'E 50 FT, N 89 DEG 45'E 250 FT, S 18 DEG 01'W 282.5 FT, S 89 DEG 45'W 100 FT, N 18 DEG 01'E 32.5 FT, N 18 DEG 01'E 200 FT, S 89 DEG 45'W 150 FT TO POB OR 694-271 ALSO COM SE/C, GO S 89 DEG 45'W 1088.8 FT TO E R/W SR 83 & POB, N 18 DEG 01'E 32.5 FT, N 89 DEG 45'E 150 FT, S 18 DEG 01'W 32.5 FT, S 89 DEG 45'W 150 FT TO POB OR 694-270
OR bk 2803 pg 1995 and OR bk 2808 pg 2415 2008 & 2009 Shortridge/331 Marina and State of Florida – Commence at the NE corner of Gov Lot 1 of sec 27 and run S 89 deg 45 min 99 sec w along the n line of Gov. Lot 1 1088.8’ to the centerline of St Rd 83 (US 331) then s 18 deg 01 min 00 sec w along said centerline 619.33’, then departing said centerline, run n 79 deg 52 min 40 sec w 60.59’ to a point on the wly ROW line of rd, then s 18 deg 01 min 00 sec w 184.65’ along said ROW line 151.58’ to an iron pipe near the waters edge of Ramsey branch, then s 75 deg 47 min 22 sec w along said branch 197.18’ to an iron rod the n 02 deg 36 min 40 sec w 205.00’ to an iron rod in a fence line, then s 87 deg 04 min 41 sec e along said fence line 247.72’ to the POB for 0.87 acre
Lying ely of and within 90’ of the centerline of construction of St Rd 83 (US 331) as shown on FDOT ROW Map #2206791, said centerline of construction to be described as follows: Commence at a 4”x 4” concrete monument stamped “ACC” marking the sw corner of Gov Lot 1, sec 27, then s 88 deg 59 min 28 sec e 837.29’ along the south line of said Gov Lot 1 to POB of centerline of construction to be described herein: being a point on a nontangent curve to the right (concave ely), then (from a tangent bearing of n 05 deg 37 min 22 sec e) nly along said curve, having a radius of 5,773.65’ for a distance of 1,334.99’ through a central angle of 13 deg. 14 min 53 sec to end of curve, then n 18 deg 52 min 15 sec e 1,477.24’ to the end of centerline of construction herein described; thence for purpose of reference only, run s 86 deg 14 min 59 sec e 1,010.13’ to a 4 inch by 4 inch concrete monument (no ID) marking the ne corner of said Gov Lot 1, Sec. 27 containing 12,264 sq. feet in sec 27 exclusive of area within existing St. Rd. 83 (US 331) ROW, as shown on FDOT ROW map #2206791
COMMON CORNER OF SE-9, SW-10, NE-16, NW-15
10
This section corner has been identified at two different locations, with @ 310’-313’ distance between the 2 corners. The current common corner that is used to identify the NW corner of section 15, would appear to be the north corner of the 310’ call listed on (A) and the 3 acres once identified in the SW ¼ of SW ¼ of sec 10 currently appear to be identified in the NW ¼ of NW1/4 of 15. The measurements of (A) seem to follow similar measurements of current deeds in NWC of sec. 15. Parts of the land identified in (B) is also currently identified by deeds as being in sec. 15. To make the visual simple, the focus here is on the comparison of deeds and measurements in the immediate area of the common corner, and not the multitude of problems that have been found with the ¼ of ¼ sections in Sec. 15 to the east.
Current deeds in Sec. 10 (1-8) are all using the same SW corner location. An angle of n 81 deg 30’34”E is given from the corner @ 341’ for POB or start point for referencing other POB locations on all 5 deeds.
Current deeds in Sec. 15 (9-11) are all using the same NW corner location, which is identified as @ 446’ north of Hwy. 20. This location is close to 310’ further north than the SW corner of Sec. 10 location on the previous deeds mentioned. This is shown when you compare the measurements on the common boundary between (1) and (11), which is 263.08’ & 264’. The angle projected from the SW corner of Sec. 10 (supported by 1-8) brings you up to the north line location of section 15 according to (9-11) Almost all of the deeds mentioned in both sections were sold by the same landowner (8) is the exception, but has been included since it uses the same SW corner location.
There is another interesting difference occurring when you compare the deed measurements on (7) against the measurements shown for the Stone Creek subdivision that is identified on (8) as filed in Plat bk 18 pg 40, and surveyed by Emerald Coast Ass. The measurement on the west line of 10 mentioned in (7) is 848’ and the same line measurement on the ECA survey is 913.95’ It is also unclear whether ECA found existing monumentation for the section corner or placed monumentation, because I was unable to find the reference symbol shown as the corner in the survey legend. There is no mention of any of the adjoining property owners boundaries,(which would point ECA to the SW corner of 10) and there are no signs of existing monumentation being used (which are in place when you read the adjoining property owners current deeds). In fact, it seems that monuments were placed everywhere by ECA.
REFERENCES
(A) Deed bk 22 pg 55 1904 Williams to Davis - SW corner of Section 10 310’north, 510’ east illegible (possibly 310’) swly to line, west 395’ About 3 acres
(B) Deed bk 15 pg 453 1903 Monroe to Davis - begin 395’ e of sw c of sec 10 go e to se c of se ¼ to se ¼ in 10 n 695’ w 1953, thence to start point for 36 acres
Section 10
(1) COM SW/C OF SEC 10, N 81 DEG 30'34"E 340.78FT FOR POB, S 44 DEG 36'14"E 263.08FT, N 69 DEG 47'28"E 91.12FT, N 19 DEG 59'43"W 197.16FT, S 81 DEG 31'34"W TO POB OR 643-208 OR 2643-1509
(2) THAT PART OF SW4 OF SEC 10, & NW4 OF SEC 15 AS FOLLOWS: COM @ SW/C OF SEC 10, N 81 DEG 30'34"E 341FT, S 44 DEG 32'29" E 263FT, N 66 DEG 05'44"E 84.68FT TO POB; FROM POB N 07 DEG 25'16"W 197.05FT, N 42 DEG 55'22"W 217.59FT, N 48 DEG 03'58"E 377.32FT, S 72 DEG 08'32"E 136.43FT, S 09 DEG 11'48"W 479.10FT, S 66 DEG 05'44"W 221.42FT TO POB *LESS & EXCEPT: PART OF SW4 OF SEC 10 & NW4 OF SEC 15 AS FOLLOWS:COM @ SW/C; N 81 DEG 30'34"E 341FT, S 44 DEG 32'29"E 263FT, N 66 DEG 05'44" E 84.68FT, N 07 DEG 25'16"W 197.05FT, N 42 DEG 55'22"W 117.59FT FOR POB; N 42 DEG 55'22"W 100FT, N 48 DEG 03'58"E 377.32FT, S 72 DEG 08'32"E 100FT, S 48 DEG 03'58" W 408FT M OR L TO POB OR 1859-373 OR 2511-1300 OR2768-2020
(3) COM SW/C SEC 10, RUN S 81 DEG 16'58"E 340.82 FT, S 44 DEG 53'08"E 263 FT TO N R/W OF PAVED CO RD, N 65 DEG 12'11"E 311.87 FT TO POB, N 66 DEG 05' 44"E 157.20 FT, N 16 DEG 59' 09"W 235.86 FT, S 73 DEG 11' 44"W 121.15 FT, S 09 DEG 11' 48"E 257.55 FT TO POB OR 805-196 OR 2792-3115
(4) PART OF SW4 OF SEC 10 & NW1/4 OF SEC 15 AS FOLLOWS: COM SW/C OF SEC 10 N 81 DEG 30'34"E 341FT, S 44 DEG 32'29"E 263FT, N 66 DEG 05'44"E 84.68FT, N 07 DEG 25'16"W 197.05FT, N 42 DEG 55'22"W 117.59FT FOR A POB CONT N 42 DEG 55'22"W 100FT, N 48 DEG 03'58"E 377.32FT, S 72 DEG 08'32"E 100FT, S 48 DEG 03'58"W 408FT M OR L TO POB OR 1859-375 OR 2622-2611 OR 2628-667 OR 2643-2792 OR 2664-3794
(5) COM AT SW/C SEC 10 RUN N 81 DEG 30'34"E 341FT, S 44 DEG 32'39"E 263FT, N 66 DEG 05' 44"E 306.10FT TO POB, CONT N 66 DEG 05'44"E 493.90FT TO A CONCRETE MONUMENT LYING ON THE LINE BETWEEN SAID SECS 10 & 15 THENCE CONT N 81 DEG 30'34"E 126.60FT, N 71 DEG 35'24"W 91.91FT, N 75 DEG 56'37"W 200FT, N 63 DEG 26'22"W 200FT, N 59 DEG 39'17"W 175FT, N 72 DEG 08'32"W 47FT TO A CONCRETE MONUMENT LYING S OF THE PUBLIC RD LEADING FROM GARRETT'S MILL TO LAFAYTTE'S BRIDGE AS NOW EXISTS, S 09 DEG 11'48"E 479.10FT TO POB *LESS: COM AT THE SW/C SEC 10 RUN S 81 DEG 16'58"E 340.82FT, S 44 DEG 53'08"E 263FT TO N ROW OF A PAVED CO RD, N 65 DEG 12'11"E 311.87FT TO POB, N 66 DEG 05'44"E 157.20FT, N 16 DEG 59'09"W 235.86FT, S 73 DEG 11'44"W 121.15FT, S 09 DEG 11'48"E 257.55FT TO POB OR 790-243
(6) COM AT SW/C SEC 10 RUN N 81 DEG 30'34"E 341FT, S 44 DEG 32'39"E 263FT, N 66 DEG 05' 44"E 306.10FT TO POB, CONT N 66 DEG 05'44"E 493.90FT TO A CONCRETE MONUMENT LYING ON THE LINE BETWEEN SAID SECS 10 & 15 THENCE CONT N 81 DEG 30'34"E 126.60FT, N 71 DEG 35'24"W 91.91FT, N 75 DEG 56'37"W 200FT, N 63 DEG 26'22"W 200FT, N 59 DEG 39'17"W 175FT, N 72 DEG 08'32"W 47FT TO A CONCRETE MONUMENT LYING S OF THE PUBLIC RD LEADING FROM GARRETT'S MILL TO LAFAYTTE'S BRIDGE AS NOW EXISTS, S 09 DEG 11'48"E 479.10FT TO POB *LESS: COM AT THE SW/C SEC 10 RUN S 81 DEG 16'58"E 340.82FT, S 44 DEG 53'08"E 263FT TO N ROW OF A PAVED CO RD, N 65 DEG 12'11"E 311.87FT TO POB, N 66 DEG 05'44"E 157.20FT, N 16 DEG 59'09"W 235.86FT, S 73 DEG 11'44"W 121.15FT, S 09 DEG 11'48"E 257.55FT TO POB OR 790-243
(7) BEGIN @ THE SW/C OF SEC 10, RUN N 81 DEG 30'34"E ALONG S LINE OF SAID SEC 10 A DIST OF 545.86FT; THENCE DEPARTING SAID LINE RUN N 52 DEG 51'43"W 217.70FT; THENCE RUN N 38 DEG 08'24"E 377.39FT; THENCE RUN N 72 DEG 09'31"W 90.75FT, THENCE RUN N 63 DEG 20'26"W 245.00FT; THENCE RUN N 67 DEG 51'46"W 300.00FT; THENCE RUN N 57 DEG 42'57"W 151.58FT TO THE W LINE OF SEC 10; THENCE RUN S 07 DEG 35'14"E ALONG SAID W LINE 848.02FT TO THE POB *SUBJECT TO A 40FT EASEMENT FOR EGRESS & INGRESS & UTILITY PURPOSES* OR 1894-435 OR 2103-427 &-428 &-429 OR 2537-1192
(8) SW1/4 OF SW1/4 N OF PUBLIC RD LEADING FROM GARRETT MILL TO LAFAYETTE BRIDGE + W 135 FT OF SE1/4 OF SW1/4 OR 1492-153 OR 1724-398 OR 2387-1070 OR 2387-1072 OR 2399-1941 OR 2423-620 LESS: STONE CREEK S/D (23150) PB 18 PG 40
Section 15
(9) THAT PART OF THE NW1/4 OF THE NW1/4 OF SEC 15-1S-19W LYING N OF ST RD #20 & W OF A GRADED PUBLIC RD AS NOW EXITS MORE PARTICULARLY DESC AS FOLLOWS: COM AT THE NW/C OF SAID SEC 15 AS THE POB THENCE S 37 DEG 31' 03"E 424.65FT TO A POINT ON THE W ROW LINE OF SAID PUBLIC RD THENCE S 63 DEG 49'22"W ALONG SAID ROW LINE 270.33FT TO A POINT ON THE N ROW LINE OF ST RD #20 THENCE N 66 DEG 47'08"W ALONG SAID N ROW LINE 25.20FT TO A POINT ON THE W LINE OF SAID NW1/4 OF THE NW1/4 THENCE N 00 DEG 55'07"E ALONG SAID W LINE 446.20FT TO THE POB OR 731-204 OR 2695-4359 OR 2748-4299
(10) COM NW COR SEC, S 37 DEG 30 MIN E 426.65 FT, N 64 DEG 56 MIN E 130 FT, N 42 DEG 33 MIN W 369.1 FT, N 86 DEG 40 MIN W 124.75 FT TO BEG OR 60 P 1557 OR 2686-3788
(11) COM 124FT E OF NW/C OF NW1/4 OF NW1/4 RUN E 216FT, SELY 264FT TO COUNTY RD, SWLY 130FT RUN NWLY 372FT TO THE POB IN SEC 15-1S-19W OR 1273-104 OR 1784-384 OR 2239-152 OR 2744-3354
COM 350.12FT N OF SE/C OF W1/2 OF SE1/4 OF SW1/4 OF SEC 10; N 88 DEG 23'04"W 331.82FT TO POB; S 07 DEG 50'07"W 146.60FT S 01 DEG 29'13"E 204.52FT, N 88 DEG 23'04"W 180.19FT, N 00 DEG 45'11"E 352.09FT, S 87 DEG 45'08"E 190.32FT TO POB OR 2528-448 OR 2611-4621 *LESS COM 350.12 FT N OF SE/COR OF W1/2 OF SE1/4 OF SW1/4,N 88DEG 23'04"W 331.82 FT TO POB,S 07 DEG 50'07"W 112.91 FT,N 88 DEG 23'04"W 176.35 FT,N 00 DEG 45' 11"E 114.36 FT,S 87 DEG 45'08" E 190.32 FT TO POB. OR 2644- 3875
Deed bk 40 pg 388 1895 Monroe to McLean - land s of branch in nw ¼ of nw ¼ of 15 for 28 acres
Deed bk 40 pg 389 1914 McLean to 1st Nat. Bank – Same as above
Deed bk 41 pg 543 1895 Monroe to McLean - land s of branch in nw ¼ of nw ¼ of 15 for 28 acres witnesses are Morris and McCaskill
Deed bk 48 pg 24 1916 1st Nat. Bank to McCaskill –same as above
Deed bk 58 pg 433 1917 McCaskill to Hatcher – the nw ¼ of nw ¼ south of the branch for 28 acres
Deed bk 58 pg 463 1921 Hatcher to Hatcher – beg at ne c of nw ¼ of nw ¼, run w 8 chns to POB then n 8 chns on 2 deg w then w 146 yds (438), or to branch on 2 deg s , then s down run of branch to c of 40 then e 12 chains on 2 deg n or to POB for 9 acres
Deed bk 61 pg 25 1923 Hatcher to Morris – all of the nw ¼ of nw ¼ south of branch that runs thru same, except a lot of 9 acres described as beg at se c of nw ¼ of nw ¼ run w 8 chns to POB then n 8 chns on 2 deg w, then w 147 yds or to branch on 2 deg s then s down branch to c of 40, then e 12 chns on 2 deg n to POB, leaving 19 acres
Deed bk 62 pg 320 1923 Stanley to McLean - sw ¼ of sw ¼ of sec 10 s of road for 7 acres and nw ¼ of nw ¼ north of branch for 12 acres
Deed bk 78 pg 59 1935 Hatcher to Brown – beg at se c of nw ¼ of nw ¼ run w 8 chs to POB run n 8 chns on 2 deg w, then w 146 (438’) or to branch on 2 deg s then s down branch to c of 40, then e 12 chains (792’) on 2 deg n or to POB for 9 acres EXCEPT beg at se c of nw ¼ of nw ¼ run w 8 chns, then n 5 chns on 2 deg w to POB then n 3 chns on 2 deg w then w on 3 deg s 146 yds or to run of branch then s 60 yds or down run of branch, then e to POB for 2 acres. South line to be changed if not correct, so as to make 2 acres. Land conveyed is for 7 acres.
Deed bk 78 pg 172 1935 Cauley to Hatcher – beg at sw c of nw ¼ of nw ¼ run n on land line 261 yds (783’) to s side of hwy #10, line running e down line 125 yds (375’) to run of branch 2 261 yds down run of branch to land line, w on line 39 yds (117’) to POB, all being s of hwy 10 and w and n of branch
Deed bk 82 pg 160 1938 McCaskill to McCaskill – all of that portion lying north of State Hwy 10 of the following described property: all of the nw ¼ of the nw ¼ of Sec 15, south of branch that run through same, except and reserving therefrom a lot of 9 acres more or less described as follows: Begin at the SE corner of the nw ¼ of nw ¼ and run w 8 chains (548’) to POB, then n 8 chains (548’) on 2 deg w, then w 146 yards (438’) or to the branch on 2 deg s, then s down the run of branch to corner of 40, then e 12 chains (792’) on 2 deg n to the POB
Deed bk 81 pg 101 1941 Hatcher to Kelly – beg at sw c of nw ¼ of nw ¼, run n on land line 261 yds to s side of hwy 10, run e down line 125 yds to run of branch, s 261 yds down run of branch to land line, w on line 39 yds to POB, all s of hwy 10 and w and n of branch
Deed bk 82 pg 161 1938 McCaskill to Blakkestad – begin at the point where the northern boundary line of the ROW of state highway 10 intersects the line dividing the nw ¼ of nw ¼ from the ne ¼ of nw ¼ of sec 15 in sec 15, and run thence wstly along said ROW line a distance of 450’ then n on 2 deg w to branch, thence easterly along the run of said branch to the point where branch is intersected by the line dividing the nw ¼ of nw ¼ from the ne 1.4 or nw ¼ thereof, thence s on 2 deg e to POB, being 10 acres
Deed bk 83 pg 372 Blakkestad to Sellers – same as above
Deed bk 85 pg 488 1941 Sellers to McCaskill – same as above
Deed bk 85 pg 489 1941 Blakkestad to McCaskill –same as above
Deed bk 88 pg 163 1943 McCaskill to Stille - begin at point where N. boundary line of ROW of St. rd. 10 intersects the line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ in sec. 15, run wstly along ROW 450’ then n on 2 deg w to branch then estly along run of branch to a point where branch intersects by line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ thereof, then s on 2 deg e to POB for 10 acres in nw ¼ of nw ¼
Deed bk 88 pg 344 1943 McCaskill to Stille – same as bk 88 pg 163
Deed bk 102 pg 85 1946 Articles of Agreement Stille to Gillis – begin at point where N. boundary line of ROW of St. rd. 10 intersects the line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ in sec. 15, run wstly along ROW 450’ then n on 2 deg w to branch then estly along run of branch to a point where branch intersects by line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ thereof, then s on 2 deg e to POB for 10 acres in nw ¼ of nw ¼
Deed bk 111 pg 593 1948 QCD Gillis to Stille – same as bk 102 pg 85
Deed bk 111 pg 590 1948 Still to Laird - begin at point where N. boundary line of ROW of St. rd. 10 intersects the line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ in sec. 15, run wstly along ROW 450’ then n on 2 deg w to branch then estly along run of branch to a point where branch intersects by line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ thereof, then s on 2 deg e to POB for 10 acres in nw ¼ of nw ¼
Deed bk 120- pg 105 1951 Cauley to Davis - QCD SW¼ of SW¼, south of the road in section 10, about 7 ac and all the part of NW ¼ of NW ¼ north of the branch in sec 15, containing 12 ac
Deed bk 135 pg 136 1955 Davis to Hurst – 7 acres in 10
Deed bk 135 pg 377 1951 Davis to Caswell – commence nw c sec 15, run 1 deg along sec. line 446.2’ to st. rd. 20, then s 63 ½ e 52.6’ to POB, then sely along st rd 360.7’ to branch, then n 46 deg so min e along branch 185.9’, then n 63 ½ deg w 260’ to 33’ graded rd, then swly along graded rd. 187’ to POB in nw ¼ of nw ¼ of nw ¼ sec 15 for 1 acre
Deed bk 136 pg 398 1955 Davis to Melvin – 2.62 Acres in 15
Deed bk 144 pg 25 1956 Davis to Hurst
Deed bk 144 pg 272 1956 Caswell to Caswell - beg at run of branch at se c run w along Hwy 20 180’ ne 170’ se 160’ s along branch 135’ back to POB in nw ¼ of nw ¼ of nw ¼ of 15 for ½ acre
Deed bk 150 pg 17 1957 (1921) Hatcher to Hatcher – beg at se c of nw ¼ of nw ¼ run w 8 chns to POB then n 8 chns on 2 deg w then w 146 yds or to branch on 2 deg s then s down run of branch to c of 40 then e 12 chns on 2 deg n or to POB for 9 acres. Claims to be original certified to bk 58 pg 463, but is different and filed in 1957
Deed bk 151 pg 439 1957 QCD from Adkinson to Still – commence at sw c of ne ¼ of nw ¼ in sec 15, run n along the w line of ne ¼ of nw ¼ 480’ for POB, run e 198’ to driveway the sely along w line of driveway to a point on w boundary line of ROW of 83, 224’ e of a point 380’n of sw c of ne ¼ of nw ¼ then nely along w line ROW of St. rd 83 236’, then nwly 238’ 6” to a point on the w line of the ne ¼ of the nw ¼ 166’ n of the POB then s along the w line 166’ to POB together w all equipment used in the café and filling station. St rd 83 was formerly referred to as St. rd 40
Deed bk 152 pg 249 1957 Davis to Caswell – commence at the nw c of nw ¼ of nw ¼ of sec 15, and run e on section 124’ for POB, then run e on sec. line 216’ then run sely 264’ to county rd, then run in a swly direction on n side of said rd 130’, then run in a nwly direction 372’ to the n sec line and POB, also being 124’e of nw c of sec 15 for 1 ¼ acres
Deed bk 165 pg 304 1957 Davis to Caswell – commence nw c sec 15, run s 1 deg along sec. line 446.2’ to st. rd. 20, then s 63 ½ deg e along st. rd. 52.6’, then n 65 deg 15 min e along e side of graded rd. 167’ to POB, then s 63 ½ deg e 500’ to branch, then nely along branch 89’ then n 24 deg 59 min w along Melvin land 214’ to Axel monument at graded rd, then s 65 deg 15 min w along road 289’ to POB in nw ¼ of nw ¼ of nw ¼ sec 15 for 1 acre
Deed bk 168 – 391 1960 Davis to Caswell - begin at nw c of sec 15, run se 426’ to graded rd. then along graded rd 130’ to Walker Caswell corner, then along W. Caswell line nw 373’ to sec. line, then along sec line 124’ to POB for 1 1/5 acres
Deed bk 175 pg 493 1961 Davis to
Deed bk 177 pg 213 1960 Davis to Caswell – Begin at the nw c of sec 15, then s 37 deg 30 min e 424.65, then n 64 deg 56 min e 130’, then n 42 deg 33 min w 369.1’ to the sec line of said sec 15 then n 86 deg 40 min w 124.75’ to POB for 1 1/5 acre. This deed is given for the purpose of clarifying the description in bk 168 pg 391
Deed bk 216 pg 419 1967 Caswell to Caswell – commence at the nw c of sec 15, then s 1 deg w along the sec line 446.2’ to the n ROW line of St Rd 20, then s 63 deg 30 min e along said ROW 52.6’, then n 65 deg 15 min e along the e side of a graded rd 307’ to POB, then s 32 deg 57 min 54 sec e236.39’ to a branch, then n 54 deg 11 min 02 sec e 104.03’ to the Melvin land, then n 24 deg 59 min w along said Melvin land 134’ then s 65 deg 15 min w 55 feet, then n 24 deg 59 min w 80’ to the ROW of said graded rd, then s 65 deg 15 min w along said ROW 80’ to the POB
Deed bk 225 pg 238 1969 Caswell to Caswell – Begin at the nw c of sec 15, then s 37 deg 30 min e 424.65, then n 64 deg 56 min e 130’, then n 42 deg 33 min w 369.1’ to the sec line of said sec 15 then n 86 deg 40 min w 124.75’ to POB for 1 1/5 acre. Ref bk 177 pg 213
OR bk 17 pg 483 1971 Hurst uses southern SW corner location (sec. 10) to start
OR bk 18 pg 458 1972 Same as above
OR bk 55 pg 316 1974 Same as above
Deed bk 45 pg 343 1914 Monroe to Hatcher - ne ¼ of nw ¼ or n ½ of lot 3 sec 15 except 2 ac to H. Morris, 2 ac in ne c as Oman place, 4 ac to W.E. Jones and 6 ac to Rowden bk 40 pg 29, entire land hereby conveyed being 24 ac
Deed bk 178 pg 77 1961Wesley to Caswell details on sw c of ne ¼ of nw ¼ of sec 15
OR bk 102 pg 370 1976 Melvin to Lett – start at sw c of ne ¼ of nw ¼ in sec 15 run n along section line 1080’ to POB then e 333 ½’ to ROW line of St. rd 40 then w 516 1/2’ to section line then s 240’ to POB
Deed bk 67 pg 381 1910 McLean to Monroe – the nw ¼ of the ne ¼ less 9 acres in the nw c of described land for 31 acres
Deed bk 2 pg 574 1877 Crawford, etc. to Methodist Church – commence 191 yards (573’) west of ne c and 74 yds(222’) s of the north line running s 70 yds, w 70 yds, n 70 yds then to the POB of the sw ¼ of the nw 1/5 of 15 for 1 acre.
Deed bk 87 pg 475 1944 Foster Garrett to Harold Caswell – Commence at ne c of sw ¼ of nw ¼, run then w on quarter section line 50’ then s 210’ then e 50’ to ¼ sec line, then n to ne c of sw ¼ of nw ¼
OR book 87 pg 23 &24 1975 Silcox to Burlison - ne c of 15 s86 deg 45 min w 660’ to POB s 86 deg 45min w 373.97’ s 4 deg 46 min w 24.24’ s 86 deg 45 min w 57/80’ s to ROW of rd s 3 deg 15 min e 106.41’ along e ROW line n 86 deg 45 min e 585.15’ n 3 deg 15 min’ w 330.41’ to POB for 3.64 ac
OR book 88 pg 70 1975 Burlison to Freeport Loan - ne c of 15 s86 deg 45 min w 660’ to POB s 86 deg 45min w 373.97’ s 4 deg 46 min w 24.24’ s 86 deg 45 min w 57/80’ s to ROW of rd s 3 deg 15 min e 106.41’ along e ROW line n 86 deg 45 min e 585.15’ n 3 deg 15 min’ w 330.41’ to POB for 3.64 ac
OR bk 642 pg 333 Nick to Nick and Jones- a track of land beginning at se c of nw ¼ of nw ¼ sec 15, thence running w along s line of said 40 a distance of 294’ for POB, then run w along south line of said 40 a distance of 234’ then run n to s line of state rd 10 (now 20) a distance of 393’, then run in a sely direction along south line of st rd 20 a distance of 264’, then run s a distance of 269’ to POB
OR bk 2809 pg 3566 2009 Jones to CNCW Investment Part. Ltd. – same as OR 2809 pg 3564
SEC. 14 SW CORNER, SEC. 15 SE CORNER
Garland Edwards testifies that there is a concrete monument 25 feet north, and 25 feet west of the true corner location for the SW corner of section 15 ACC vs. Silcox/Thomason (see pg. 39).
Deed bk 69 pg 542 1925 Taylor,etc. to Stewart - begin 14 chains 6 links e of the nw c or the sw ¼ of sw ¼ of sec 14 run e along n line of said 40 3 chains 84 links then s and parallel with w line of 40 20 chains w along s line 3 chains 84 links and n 20 chains to POB
Deed bk 58 pg 355 1921 Legal Heirs of Giles Bowers to Geneva Mill - Begin at the mouth of Pinch Branch and run up said branch to rd. crossing, thence straight across to LaFayette Creek, thence down said Lafayette Creek to Four Mile Creek, thence up said 4 mile Creek to POB in Lot 5
All that portion of Lot 5 lying south of the junction of said 4 Mile Creek and Lafayette Creek’s all the above being in sec. 15
Deed bk 58 pg 369 1921 Legal Heirs of Giles Bowers to Geneva Mill - Begin at the mouth of Pinch Branch and run up said branch to rd. crossing, thence straight across to LaFayette Creek, thence down said Lafayette Creek to Four Mile Creek, thence up said 4 mile Creek to POB
All that portion of Lot 5 lying south of the junction of said 4 Mile Creek and Lafayette Creek’s all the above being in sec. 15
Book 157 pg 48 1958 County Commissioners and Charlie Taylor road – close, abandon, vacate that portion of the road known as the Charlie Taylor road beginning at st. rd. 331 in the sw ¼ of the sw ¼ of sec 14 and extending wstly approx. 150’
Deed bk 112 pg 534 McCullar/Huckaba to Hardee – 210’ e and w by 840’ n and s in se c or se ¼ of sec. 15
HALFWAY POINT OF SECTIONS 15 & 16 N/S LINE
Section 15
Deed bk 7 pg 211 1894 Crawford to McCullough - commence 34 yards from sw c of sw ¼ of sw ¼ of nw ¼ of sec 15 run 99 yds e nwly 104 yds w 88 yds s 108 yds to POB for 2 acres
Deed bk 36 pg 9 1912 McCullough to McGuire & McCaskill - start at se c of ne ¼ of sec 16 run n 210 yds w 70 yds s 210 e70 yds for 3 acres
ALSO com. 34 yards from sw c of sw ¼ of nw ¼ of sec 16 run 44 yds go nwly 104 yds w 88 yds s 108 to POB for 2 acres. Above description includes lot 6 of block 22 according to Stephens map of Freeport done in 1901
Deed bk 44 pg 204 1914 Chancery McCaskill vs Raborn - start at se c of ne ¼ of sec 16 run n 210 yds run w 70 yds run s 210 yds run e 70 yds to POB for 3 acres ALSO com. 34 yards from sw c of sw ¼ of nw ¼ of sec 16 run 44 yds go nwly 104 yds w 88 yds s 108 to POB for 2 acres.
Deed bk 63 pg 44 w 35 yds x s 140 yds ( 105’x420’)
Section 16
Deed bk 19 pg 540 1901 QCD Stanley/McCullough to Bludworth - ne ¼ of se ¼
Reis: S1/2 OF W3/4 OF W1/2 OF SW1/4 OF SE1/4 OR2549-1196 AND S1/2 OF E1/4 OF W1/2 OF SW1/4 OF SE1/4 AND S1/2 OF W1/2 OF E1/2 OF SW1/4 OF SE1/4 AND COM NE/COR SEC 21,N 88 DEG 46' 02"W 1635.38 FT TO POB,N 88 DEG 46'02"W 321.23 FT,S 01 DEG 56'43"W 82.00 FT,S 88 DEG 46' 02"E 321.23 FT,N 01 DEG 56'43" E 82.00 FT TO POB. OR 2674- 4066
THE SE ¼ OF SECTION 15 The bottom 10 acres of the SE ¼ of 15 moves to the top of NE ¼ of SECTION 22. (need to finish research on the 4 acres)
The original 160 acre patent to the SE ¼ of Section 15 is issued to Jason Mathews. Mathews conveys 157 acres to Lewis Jackson 7 years later (2). Jackson sells156 acres, 15 acres to Rutan and 141 to McCaskill (3,4) Daniel Jackson buys and conveys forward 4 acres from McCaskill (5) and still has 10 additional acres is his and his heirs’ possession until 1974 (17, 18,19, 20) The 10 acres is conveyed and described as located at the top of the NE ¼ of Section 22, however Jackson never purchased land in Section 22. It would appear that Jackson fell into a gray area by 10 acres from a northward movement and relocation of the section line by the State of Florida and Walton County. This is the first direct link through public records to an original patent holder we found which substantiates the north migration of section lines within the township. This prompted us to look at potential discrepancies at other corners, and we found them everywhere.
Land sold to Rutan
In the latter part of 2007, a full township grid was created along with the Mojo Report. The grid is based on the original measurements shown by the BLM township survey. Different section lines on the Mojo Grid has measurements from all subsequent surveys found to compare against the BLM measurements and field notes. The field notes for our township outline location bearings of witness trees in relation to the light wood stakes used as the BLM Section corners and ¼ section posts. BLM Section corners located in swampy areas frequently used witness trees found in swamps such as Titi and Bay. Pine trees were generally used as witness trees on dry land or high ground. A theory came into play that if most pine trees on high ground were harvested over the course of history for the local lumber mills, than most or all of the lightwood stakes placed by the BLM could have been destroyed or obliterated by the harvest. If this were the case, then perhaps we should be looking into Section corners identified by the BLM field notes located in swampy areas, since pine trees do not grow well in the swamps. BLM field notes were checked for the nearest Section corner to our proximity identified with witness trees typically found in swamps. The nearest area was referenced by 4 bay witness trees at the SW corner of Section 17, on the same line as our property. In early 2008, we hired Brian Pascoe #7237 to survey the area of the SW corner of Section 17. A calculation and instruction was given to Mr. Pascoe to look in an area around 96.37’ west and about 38’ south of the ACC concrete monument currently used by others as the location for the Section 17 SW corner. This calculation was made from the Mojo grid comparing the BLM measurements against measurements shown on other surveys. The comparison of measurements showed a difference of where the potential true corner location could be. Mr. Pascoe surveyed for 3 days. On the third day, an old lightwood stake was discovered in the swamp. Mr. Pascoe found the stake 95.94’ west and 28.36’ south of the ACC monument. Evidence of witness trees were also found. Mr. Pascoe filed document #97037 for Corner Certification with Labins and the State of Florida in 2009. The judge in our Walton County case disregarded the testimony of the lightwood stake, and supported the location of the ACC monument as the section corner. The line that the judge ruled on also was not straight, as required by the BLM. No case law was cited in the ruling.
THE SW ¼ OF SECTION 15 (East side of Creek)
THE JUNCTION OF LAFAYETTE AND FOUR MILE CREEKS
The area is divided by a Y shaped water feature shown on the BLM survey of the SW ¼ of Section 15. Two creeks merge into one and empty into the Chowawhatchee Bay to the south. The original name of the main branch was Cedar Creek, which was renamed Four Mile Creek. The other portion is LaFayette Creek. The Y shaped feature was completely surrounded on all sides by Govt. lots 5,8, and 9 which comprised the SW ¼ of Section 15. The Y feature is currently shown as partially in the SW ¼ of 15 and partially in the NW ¼ of 22. The SW corner of 15 is the same corner as the NW corner of 22, which is plagued with issues shown under the portion for
OR bk 53 pg 378 1973 Option Agreement from City of Freeport to Walton County Port Authority (irrevocable 6 month option to lease the real property) All that part of the south ½ of the SE ¼ of the SW ¼ lying between Pinch Branch and Four Mile Creek, and Layfayette Creek in Section 15
AND: All that part of Section 22 lying south of the North line of said Section 22 between Four Mile and Lafayette Creek
OR bk 141 pg 258 1978 QCD from Walton County Port Authority to City of Freeport All that part of the south ½ of the SE ¼ of the SW ¼ lying between Pinch Branch and Four Mile Creek, and Layfayette Creek in Section 15
AND: All that part of Section 22 lying south of the North line of said Section 22 between Four Mile and Lafayette Creek
THE NE ¼ OF SECTION 22 The Northeast quarter has shifted north by 10 acres
Deed bk 17 pg 18 1898 Patent to George Davis NE ¼, Govt. Lots 1 & 2 in Sec. 22
Deed bk 14 pg 425 1903 Davis to Thorp & Co. NE ¼ on the lots numbered 1 and 2 of Sec. 22 except 10 acres now under fence of adjacent thereto occupied and owned by Dan Jackson containing in all 151 acres.
Deed bk 31 pg 128 1909 QCD Thorp & Co. to J.J. McCaskill Same descriptions as bk 14 pg 425
OR bk 78 pg 615 1974 – Laurice and Richard Hunter to Diocese of St. Augustine (Land formerly located in Section 15 according to chain of title)
OR bk 78 1974 pages 616, 618, 620, 622, 624, 626, 628, 630 certification of heirs of Daniel and Ida Jackson
OR bk 78 pages 615,617, 619, 621, 623, 625, 627, 629 Deeds from heirs of Daniel Jackson to Paul Tanner of the Diocese of St. Augustine with description as follows:
Commencing at the NE corner of Sec. 22 run south 00 deg. 14 min. 35 sec. East a distance of 666.33 feet thence run north 89 deg. 17 min. 15 sec. west a distance of 665.02 feet thence run north 00 deg 13 min 24 sec eash a distance of 665.75 feet thence run south 89 deg 20 min 00 sec east 659.57 feet to point of beginning
OR bk 78 pg 631 1974 Affidavit from Mollie Taylor as neighbor of Daniel and Ida Jackson
OR bk 443 1975 Paul Tanner of the Diocese of St. Augustine to Paul Tanner as Bishop of St. Augustine same desc. as deeds in OR 78
OR bk 2680 pg 64 2005 Easement from Diocese to Freeport Venture Partners same desc as deeds in OR bk 78
THE NW ¼ OF SECTION 22
The South 1/2 of Section 22 east of Four Mile Creek – Gov. Lots 5 & 6
The area has grown by 27.22 acres and moved north by at least 440 feet
On Nov. 2.1854, patent #26030 was issued by the BLM via a military warrant recorded in Vol. 82 pg. 140 to Iona Griffin and passed to Henry Yonge for 15975/100th acres identified as Government Lot 6 in Sec. 22T l S R l9 W. On May 1,1855, patent #11599 was issued by the BLM to Henry Yonge for 53 acres identified at Government Lot 5 in Sec. 22T l S R l9 W. The total acreage for Gov. lots 5 and 6 totaled 212 and 75/100th . The profile of the terrain and shoreline are shown on the BLM plat of T1S R19W for the bottom of Sec. 22 Government lots 5 and 6. The field measurement recorded by the BLM for the south line of Sec.22 is 32.l0 chains, or 2112.66 feet. The BLM normally monumented all 1 mile corners and ½ mile points within the TRS grids surveyed. The BLM did not place a ½ mile post on the south line of Sec.22 because the post would have been located at the water's edge or in the water, and is evidenced on the BLM plat of T1S R19W. The line dividing the SE ¼ from the SW ¼ in Sec. 22 ended at thewaterline, and a ½ mile post was not placed along the south line of Sec. 22.
On July 6th, 1885, a tax deed (1) was sold by Walton County to Michael King for unpaid taxes on the SE ¼ of Sec. 22 and the E ½ of the SW ¼ of Sec. 22 TIS Rl9W. The total acreage identified on the deed is for 240 acres. No reference to the two original descriptions from the BLM patents is given on the tax deed. The land mass identified on the tax deed as 240 acres does not match the BLM's total of 212 &75/100th . The differences between the tax deed compared to the BLM plat & patents indicate that the north line of the SE and SW quarter sections would be relocated either too far north at 240 acres. In tracing the chain of title forward from the tax deed sold by Walton County, the field measurement for the south line of Sec. 22 is currently identified as about 3388 feet long. This measurement does not match the BLM's original measurement of 2112.66, and reflects a difference of about 1275.34 feet. Subsequent land owners to the Tax Deed sold are using a ½ mile point on the south line of Sec.22 that is located over 440 feet north of the water's edge. If the BLM had placed a post, it would have been close to the proximity of the water’s edge, not 440 feet north. However, the BLM did not place a post. At this time, land originally identified by the BLM plat and patents issued located in Sec. 22, is currently identified in Sec. 27
SECTION 31
The fractional portion of sections 30 and 31
This portion of the report is relevant to assist with retracing the original line established in 1826. Lot # 81 in the Bayview Subdivision is listed as a parcel located in fractional sections 30 and 31. After reviewing and comparing the Bayview subdivision with the original map and survey of 1826, it would appear that the profile of the shoreline and fractional section line locations are a match. This is an important element when retracing the 1826 line eastward to find the corner location of section 32. There is great confusion as to where the section corner of 32 is located, and knowing where to start to retrace is critical.
1. Plat Book 2 pg 63 Bayview Subdivision shows lot # 81
2. Deed bk 102 pg 481 1946 Sealy to Taunton - describes lot #81 as fractional in both sections 30 and 31. This particular lot was excluded on the deed
3. Deed bk 108 pg 401 1947 Brown to Taunton - winter home lot #81 in sections 30 and 31
Deed bk 129 pg 104 1953
Deed bk 210 pg 177
Deed bk 213 pg 330
Deed bk 196 pg 348 1964 QCD
SECTION 32
The section has grown from 18.50 acres to somewhere between 86 to about 120 acres (depending on which corner is used)
The BLM surveyed 18.50 acres tied to the NW Corner of Section 32. The acreage was located on the west side of Bear Creek and the section line ended on the west bank of Bear Creek. Section 32 was not continued across the creek to the East. Instead, the land east of Bear Creek was surveyed, identified, and conveyed by patent in the south ½ of Section 29 by the BLM.
The original patent for the fractional portion of section 32 West of Bear Creek was issued in 1882 for 18.50 acres to John Gray (see 1). The field measurements were 891’ from shore of the bay to the corner (north/south) and 1098’ from the corner east to Bear Creek (near the mouth of where the creek meets the bay). A deed is filed in 1888 (see 2) that conveys 11 acres west of the creek between Russell and Caswell. It is unclear how the land was acquired, since there is no record of conveyance to Russell from the original patent holder. In 1889, patent #11475 was issued to Ransom Hubbard for all land in Section 29 except the SE ¼ aka Gov. Lot 6. This patent included all land east of Bear Creek to the water’s edge of Choctawhatchee Bay. In 1890, a sheriff’s deed issued through Walton County (see 3) conveys 20 acres east of Bear Creek to McCaskill. There was never land surveyed by the BLM/GLO that was located east of the creek in Section 32, yet Walton County (State of Florida) issues the deed, and the section line of 32 is perpetuated eastward with this document. The land involved with the sheriff’s deed was patented a year prior to Ransom Hubbard.
A tax deed is issued to Caswell for Lot 1 in Section 32 (acreage and location unknown) in 1892 (see 4). It would appear that Walton preformed a survey or devised some method to define “lots”. However no records can be found.
At this point it appears that Section 32 has grown to 38.50 acres and is on both sides of Bear Creek according to the documents issued through Walton County / State of Florida and GLO.
With the majority of the land lying on the East side of the creek (see 3 and 4) the history of deed activity on the east side suggests that this area grows over time to 41 acres (see 5, 6, 7, 23 Deed activity occurs on the east side of Bear Creek until 1910 (see 5, 6, and 7). Deeds in 1910 (see 8 and 9) convey 11 acres with an unclear chain of title (see 2) to McCaskill on the west side of the creek, as well as land on the east side of the creek. In 1927 -1928, articles of agreement and a release are filed between Adair, Rutherford and Bolleson for 10 acres in ne ¼ of ne ¼ in sec 32 East of Bear Creek (see 11 and 12). It is unclear how Adair, Rutherford and Bolleson acquired rights to the land, since there is no history in the chain of title at this point. In 1931, Bolleson quit claims 25 acres to McCaskill (see 15) and Adair/Rutherford quit claims 10 acres to McCaskill (see 16). The acreage on the west side of the creek at this point has almost doubled from the original acreage identified by patent as only 18.50 appears to encompass 32 ½ acres. In 1932, McCaskill conveys 32 ½ acres (see 13 and 14) The confusion is reflected in a deed with the changes of the parcel description occurring through its chain of title (see 23 w/supporting doc’s)
By now there are about 46 acres on the east side of the creek and about 35 acres on the west side identified by deeds, for a total of about 81 acres more or less in section 32. There were only 18.50 acres identified in section 32 in the GLO/BLM survey, all west of Bear Creek.
There are two surveys by the Florida Department of Transportation that are referenced in this portion of the report that is relevant to this case.
There is a 1955 Florida Dept. of Transportation Job 6059-150 - a 2 page survey with the POB located within Section 32, east of Bear Creek. This area was surveyed by the BLM as the south half of Section 29. A concrete monument is identified on the survey as the ½ mile point of Section 32, also east of Bear Creek. A ½ mile point was not established by the BLM, as all land in Section 32 was surveyed west of Bear Creek. The FDOT survey continues northward to show 2 concrete monuments in the vicinity of the SE corner of Section 16. A 329.90’ distance is shown between the 2 concrete monuments. There is no definitive description that identifies which of the 2 concrete monuments is the SE corner of Section 16, other than the lines drawn with no measurements. Page 2 of the FDOT survey identifies the town of Freeport as found in Plat Book 2 page 67 in the public records. Several deeds of properties in the area also reference the same plat book and page number as surveyed by Deputy W.J. Stephens. It would appear that this document has been removed from the Walton County public records sometime after the FDOT survey was made, as the current book and page shows an unrelated survey to this area. The questionable validity of the Stephens survey is addressed in another portion of this report for Section 15.
The POB in Section 32 (should be Section 29) on the 1955 FDOT survey is used to find the location of our corner(s) There are two concrete monuments shown in the proximity for the SE corner of Section 16. There is @ 330’ difference between the 2 monuments. Some deeds in the area are tied to the northern monument, and others are tied to the southern monument. The southernmost concrete monument appears to be the basis for the location of the ROW Deed issued to Adell Gauthier on July 31, 1956, even though the 1955 survey shows the northern most as the corner. Adell Gauthier’s land would not be touching the road if it were tied to the north monument. The only way his land would be in the area of the new road is by relation to the south monument.
There is a 1963 Florida Dept. of Transportation Job 60590-2601- 3 page survey that begins in land identified in Section 32 located east of Bear Creek. The BLM did not survey land in Section 32 east of Bear Creek. The area is situated south of our location and the FDOT survey shows significant differences for the identified corner and line locations of Section 32. On the survey, a lightwood stake is noted as a corner for Section 30, but disregarded in the area of the corner for Section 32 . The BLM used lightwood stakes. There is an 817’ east-west difference between two NW Section 32 corner locations on this survey, identified by concrete monuments. Both corners are located too far north when compared to the original 891’ measurement done in 1826. There is a lightwood stake and iron pipe identified 488.31’ south of one of the concrete corners noted, and appears to be in the vicinity of the original survey measurements.
Since the creation of the 1963 FDOT survey, the lightwood stake in the area of Section 32 has been removed, and is evidenced by a 1986 boundary survey done by W.E. Overstreet RLS #2032 for Jack Parker. However, the iron pipe is identified on both surveys. The area of the iron pipe has great potential for recovery of witness trees as verification of the true corner location for Section 32. Another survey by Panhandle Associates in 1988 #3420 identifies both concrete monuments with the 817’ difference as ACC monuments, and both mark the NW corner of Section 32. This survey clearly references the 1963 FDOT survey for dependence. An ACC monument was ruled in 1957 by a Walton County judge as not a true BLM corner, and another was ruled in 2009 as a true BLM corner, even though the Section line is not straight. The 2009 ruling also did not tie in with a recovered BLM lightwood stake on the same line. The BLM maintains that all Section Lines are straight.
A hiatus is identified on page 3 of the 1963 FDOT survey as being 194.5’. There are two different section lines for the same section shown. The southernmost line location of the 1963 ROW survey seems to point toward the true vicinity of the original Section 32 corner to the west, when you take into consideration the fractional section locations of 30 and 31, and the 6 degree 10 minute southeast angle (from west to east) that was used to establish the township boundaries in the original federal survey. If you were to extrapolate that line, it seems to fall in the vicinity of the lightwood stake/iron pipe location, and south of the concrete monument that identifies one of two corner locations on the 1963 FDOT survey.
A recent recorded deed has been filed for the hiatus located east of Bear Creek in the same area of the hiatus shown on the 1963 FDOT survey. The recorded deed seems to increase the number of acreage in Section 32 by about 5 acres @ 160’n x 1350’e/w (see 22). Walton County Commissioners, the Planning Department, and the County Engineer approve plats of two subdivisions in the area which reference two totally different quarter section locations (1/2 mile points) for the same common corner (see 20 and 21) Approval of the plats support the north/south hiatus (see 22) located between the two ¼ corners identified in Section 32 east of Bear Creek. A half mile monument was not established by the BLM and should not exist.
There has been a tremendous amount of litigation and quit claim deed activity with many of the landowners over recent history around this particular area. The two corner locations involved in the litigations are located too far north compared to the original federal survey measurements in our opinion.
This much controversy and confusion about the location of the northwest corner of Section 32, and the creation of Section 32 East of Bear Creek with no known or federally established corner location or monument have, in our opinion “created” confusion and doubt about the northeast and the northwest corner locations of Section 27.
The identical issues are found at the northeast corner location of Section 15. We conclude that this confusion and doubt has caused the relocation of Section corners all over the township that we would describe as a ripple effect. The confusion is increased and/ or even perpetuated by the work of Walton County surveyors S.K. Miller and Garland Edwards, which established new corners instead of finding BLM/GLO corners discovered in our review of the documents. The subsequent approvals of “subdivisions” by the Walton County Commissioners have contributed to the destruction of the original TRS Grid, in our opinion. The Walton County surveyors use of and judicial approval of section line locations and corners that were never established by the original GLO/BLM survey have not helped in our view but have contributed to and even caused dispute. Walton County surveyors have used the wrong bearings on surveys, this is clearly supported by their own testimony and in and on documents found in the public records (see plat of Walton Heights 1926 plat bk 2 pg 5 and Walton court case # 7120 ACC vs Silcox / Thomason pgs. 43,51,54, 56, 68, 89-90) One example: “travelling northeast to “place” or “set” corners instead of travelling southeast to “retrace” and “find” existing GLO/BLM corners.
With the exception of the few documents filed into the public records, it appears - all other records, surveys, field notes, names of County surveyors, general information, and proof of the existence of the Office of the Walton County Surveyor for decades, has disappeared from the public records of Walton County.
The corners established by the Walton County surveyors appear to conflict with the original federal survey. A complete examination of Sections 29 and 28 is recommended.
This same type of issue existed in Dade County case # with the help of Mr. Walter Robillard, author of “Clark’s on Boundaries and Surveys” (in which the original lines were first upheld, then re-discovered, and re-monumented by order of the court this resolved that case) if I remember correctly.
1. Deed bk 33 pg 219 patent 1614 1882 John D. Gray - all frac. 32 for 18.50 ac corner - run south 13.50 chains ( 891 feet) corner - run east to Bear Creek 16.50 chains (1089 feet)
2. Deed bk 10 pg 197 1888 Russell to Caswell - 11 ac west of Bear Creek
3. Deed bk 5 pg 275 1890 Sherriff’s deed to McCaskill - 20 acres east of Bear creek
4. Deed bk 6 pg 360 1892 Tax deed to Caswell - for Lot 1 in sec 32
5. Deed bk 7 pg 295 1896 McCaskill to McCaskill – ¼ interest in all land east of Bear creek
6. Deed bk 9 pg 67 1897 McCaskill to Caswell - start at mouth of Bear creek and Bay, run east along bay 750’ n to sec line w to creek, south along creek to POB for 6 acres
7. Deed bk 9 pg 174 1897 Caswell to McCaskill - start at mouth of Bear creek and Bay, run east along bay 750’ n to sec line w to creek, south along creek to POB for 5 acres
8. Deed bk 33 pg 242 1910 Caswell to McCaskill - 6 ac east of creek, 11 ac west
9. Deed bk 33 pg 315 1910 Caswell to McCaskill 6 ac east of creek, 11 ac west
10. Deed bk 34 pg 264 Image not found
11. Deed bk 69 pg 72 1927 Articles of agreement between Adair, Rutherford and Bolleson - for 10 acres in ne ¼ of ne ¼ in sec 32
12. Deed bk 69 pg 336 1928 Release of Rutherford to Adair - for 10 acres in ne ¼ of ne ¼ in sec 32
13. Deed bk 72 pg 181 1932 McCaskill to Casey – fractional ne ¼ of nw ¼ for 27 ½ acres
14. Deed bk 72 pg 187 1932 McCaskill to Adams – frac. E ½ of w ½ of ne ¼ of ne ¼ in sec 32 for 5 acres
15. Deed bk 73 pg 355 1931 QCD Bolleson to McCaskill - all frac 32 from an agreement that was never recorded for 25 acres
16. Deed bk 73 pg 356 1931 QCD Adair to McCaskill - 10 ac in ne ¼ of ne ¼ of sec 32
Deed bk 85 pg 251 1939 McCaskill to Barley- begin 990’ e fo the w line of sec 32, at the high water mark, run n 850’ then w 165’ then s 850’ to water’s edge then e 165’ to POB for 3 acres
Deed bk 105 pg 585 1947 McCaskill to Wade – the w 165’ of the e 330’ of the nw ¼ of nw ¼
Deed bk 113 pg 81 1948 McCaskill to Boyd – the e 165’ of frac. nw ¼ of nw 1.4 of sec 32, being a tract of land extending from Choc. Bay to the north line of sec 32, being 165’ wide and approx. 850’ long for 3 acres
Deed bk 115 pg 170 1949 McCaskill to Collins – the w 825’ of frac. nw ¼ of nw ¼ of sec. 32
17. Deed bk 129 pg 104 1953 Casey to Davis – all that part w of Bear Creek, except the w 180 yds (540’) thereof. All that part of sw ¼ of ne ¼ lying n and w of st. rd 40 (now 83A) sec 32 and fractional ne ¼ of nw ¼ of sec 32
18. Deed bk 210 pg 177 1965 Davis to Davis – all property w of Bear Creek, except the w 180 yds (540’) thereof. All that part of sw ¼ of ne ¼ lying n and w of st. rd 40 (now 83A) sec 32 and fractional ne ¼ of nw ¼ of sec 32
19. OR bk 100 pg 389 1975 Davis to Davis - all land west of Bear Creek in fractional ne ¼ of nw ¼ and nw ¼ of nw ¼
20. Plat bk. 5 pg. 85 1983 LaGrange Bayou Estates
21. Plat bk. 7 pg. 37 1986 Cross Creek Shores
22. OR bk 712 pg 240 1990 Gates to Seascape Constr. Co. – the n 159.8’ of ne ¼ of ne ¼ of sec 32, a hiatus unclaimed by adjoining property owners (This hiatus is identified as being 194.5’ on 1963 FL. DOT survey of the area)
23. OR bk 2538 pg 1307 2003 QCD Florida Title Co. to Merrill - COM AT NW/C OF SEC; S 01DEG46' 13"W ALG W LN 914.96' TO SLY R/W LN OF ST RD S-83-A (100' R/W); N 84DEG59'29"E ALG SLY R/W LN 346.37' TO POB; CONT N 84DEG59'29"E ALG SLY R/W LN 165.87'; DPRT R/W S00DEG51'27" W 351.00' TO POINT "A"; CONT S 00DEG51'27"W 20.00' MOL TO INTERSECTION WITH MEAN HI WTR LN OF BAY; MEANDER SWLY ALG HI WTR LN TO INTERSECT WITH LINE PASSED THRU POB BEARING S00DEG 51'27"W; N 00DEG51'27"E 16.00' MOL TO POINT "B" BEARING S 88 DEG47'29"W 1615.10' FROM SAID POINT "A"; CONT N 00DEG51'27"E 340.00' TO POB ***ALSO: COM NW/C OF SEC; S 01DEG46'13" W ALG W LN 914.96' TO SLY R/W LN OF ST RD S-83-A (100'R/W); N 84DEG59'29"E ALG R/W 512.24' TO POB; CONT N84DEG59'29"E ALG R/W 45.00'; DPRT R/W S 00DEG 51'27"W 355.00' TO POINT "A"; CONT S 00DEG51'27"W 15' MOL TO APPROX MEAN HI WTR LN OF BAY; MEANDER SWLY ALG HI WTR LN TO INTERSECT WITH LN PASSED THRU POB BEARING S 00DEG51'27"W; N 00DEG51'27"E 20' MOL TO POINT "B" BEARING S 89DEG54'34"W 44.77' FROM POINT "A"; CONT N 00DEG51'27"E 351.00' TO POB ***ALSO: COM NW/C OF SEC; S 88DEG47'01"E ALG N LN 495.00'; DPRT N LN S00DEG51'27"W 548.44 FT TO POB; N84DEG59'29"E 50.23 FT; S 00DEG51'27"W 210.50' TO NLY R/W LN OF ST RD S-83-A (100'R/W); S 84DEG59'29"W ALG NLY R/W 50.23'; N 00DEG51'27"E 210.50' TO POB OR2538-1307 *********ALSO DESC AS********* THAT PART OF THE NE1/4 OF THE NW1/4 OF SEC 32-1S-19W MORE PARTICULARLY DESC AS FOLLOWS: COM AT THE NW/C OF SAID NE1/4 OF THE NW1/4 THENCE S 00 DEG 25'29"W 613.60FT TO A POINT ON THE S ROW OF ST RD #83-A AS NOW EXISTS; SAID POINT BEING THE POB THENCE N 84 DEG 54'29" E ALONG SAID ROW 45FT THENCE S 00 DEG 22'06"E 373.91FT M OR L TO THE WATERS EDGE OF CHOCTAWHATCHEE BAY THENCE IN A WLY DIRECTION ALONG SAID WATERS EDGE TO A POINT ON THE W LINE OF SAID NE1/4 OF THE NW1/4 THENCE N 00 DEG 25'29"E ALONG SAID W LINE 374FT TO THE POB & CONT .407AC M OR L AND THAT PART OF THE W 50FT OF THE W 270FT OF THE NE1/4 OF THE NW1/4 OF SEC 32-1S-19W MORE PARTICULARLY DESC AS FOLLOWS: COM AT THE NW/C OF SAID NE1/4 OF THE NW1/4 THENCE S 00 DEG 25'29"W ALONG THE W LINE OF SAID NE1/4 OF THE NW1/4 303.10FT TO THE POB THNECE N 84 DEG 54'29"E 50.23FT THENCE S 00 DEG 25'29"W AND PARALLEL WITH SAID W LINE 210.50FT TO A POINT ON THE N ROW LINE OF ST RD #83-A AS NOW EXISTS THENCE S 84 DEG 54'29"W ALONG SAID ROW 50.23FT TO A POINT ON THE SAID W LINE THENCE N 00 DEG 25'29"E ALONG SAID W LINE 210.50FT TO THE POB & CONT .242AC M OR L OR 54-305
This deed has a chain of title listed as follows:
Deed bk 121 pg 379 1953 Casey to Skinner - All that part e of Bear Creek, all that part of nw ¼ of ne ¼ lying n and w of st. rd. 40 (now 83A) in sec 32 and frac ne ¼ of nw ¼ of sec 32
Deed bk 130 pg 125 1953 Skinner to Davis – commence at the ne c of ne ¼ of nw ¼ of nw ¼ of sec 32 run s along e line of said quarter a distance of 485.6’ for POB run w at right angles 300’ s on parallel with e line 350’ to shore line then ely along shore to its intersection with the e line of quarter then nly along the e line to POB
Deed bk 196-238 1964 QCD Davis,etc. to Madara – the w 270’ of the ne ¼ of nw ¼ of nw ¼ of frac. Sec 32 in US Lot 1 west of Bear Creek, subject to St Rd. 83A
OR 54 pg 305 1973 Madara to Hensen
OR 179 pg 191 1979 Nelson to Hlava
OR 20 bk 534 1980 Unable to find (this was listed on Tax appraiser website)
OR 803 pg 275 1991 Hlava to Ellison
OR 1667 pg 338 Ellison to Merrill
OR 2451 pg 737 2003 QCD 1st Amer. Title Ins. Co. to Merrill
COMMON CORNER OF SECTION’S NW 19
OR 206 page 198 1980 Eugene to Ro Cuchens – Begin at the nw c of nw ¼ of nw ¼ sec 19, then run s 330’ then e 700’ to ROW line of county public rd. then run n along w side of rd 330’ then w 700’ to POB and being ½ of all the land w of present rd. of n ½ of nw ¼ of nw ¼ for 5.31 acres
OR bk 1341 pg 240 1995 Brown/Hughes to themselves - – Begin at the nw c of nw ¼ of nw ¼ sec 19, then run s 330’ then e 700’ to ROW line of county public rd. then run n along w side of rd 330’ then w 700’ to POB and being ½ of all the land w of present rd. of n ½ of nw ¼ of nw ¼ for 5.31 acres more particularly described as follows:
Being at the nw c of sec 19, and run s 00 deg 32 min 16 sec w along the w line of said sec, a distance of 331.73’, then s 89 deg 34 min 16 sec e 526.92’ to a point on the wstly ROW of county rd 83A, said point being on a curve concave estly and having a radius of 1687.28’, then run nely along said curve and ROW line, 331.87’ through a central angle of 11 deg 16 min 11 sec, then departing said curve and ROW line, run n 89 deg 23 min 47 sec w 555.67’ to POB
GOVERNMENT LOT 3 – SECTION 28
Deed bk 17 pg 310 1902 Patent to Arthur Hogan for Government lot 3 totaling 159 acres
Deed bk 20 pg 78 1902 Hogans to Gray
Deed bk 20 pg 561 1902 Hogans to Thomas
Deed bk 30 pg 202 1903 Hogans to
Deed bk 37 pg 587 1907 Hogans to Gray – a certain described tract of land commencing on east side of Lagrange Bayou where east boundary of section line of 28 strikes Lagrange Bayou, thence 20 chains s on section line dividing section 27 and 28 thence w 20 chains to Lagrange Bayou lying and being in section 28 particularly described in Lot 3
Deed bk 54 pg 465 1920 Hogans to McCaskill – 59 acres
Deed bk 64 pg 73 1917 Hogans to Ellis – 40 acres
Deed bk 70 pg 158 1913 (1930) Hogans to Ellis – 40 acres
Lands distributed by other sources than the BLM in 1 South 19 West
The Federal Government made it clear that said St. of Florida is admitted into the Union on the express condition that it shall never interfere with the primary disposal of the public lands lying within them, nor levy any tax on the same whilst remaining the property of the U.S. Portions of lands in the area were distributed by the BLM to private individuals by patents issued. The BLM entrusted the State of Florida with tracts of unencumbered lands that were sold to raise revenues for the state. The State and subsequently Walton County were entrusted with approximately 7269.09 acres of land within the township boundaries of 1 South 19 West. The State sold the lands in various ways, and private surveyors were hired with the sales that were not employees of the State. The survey work was sub contracted out to independent contractors and the field work done was not followed up on or confirmed by the State to check for accuracy, nor were copies made or filed into the public records of Florida. Thus the fires destroyed the only record of these transactions. In 1977, the State of Florida legislated Statute 177.502 as the Legislature finds and declares that it is the responsibility of the state, and in the public interest, to provide a means for the identification, restoration, and preservation of the controlling corner monuments established during the original cadastral surveys, to which the vast majority of titles to lands in Florida are related and which they are dependent. All such monuments and evidence pertaining to the original government surveys are resurveys are recognized as historical and economic resources of the state and, as such, are vitally important to the orderly planning, management, use, conservation, and public enjoyment of Florida’s natural resources. In order to implement this policy, the department shall assume the responsibility for conducting a program of the identification, restoration, and preservation of such monuments. The State of Florida created a program called Labins in an attempt to comply with F.S. 177.501-10, where certification of section corners are to be recorded. However, once again the State relies on the work of private surveyors to provide corner certification to Labins, and does not verify the accuracy of the corner certification. This is not a remedy to the problem, and only supports faulty survey work further by making the corner certifications public, so other surveyors can use the “certified” corner. Most corner certifications filed with Labins reference trees that are much too young to be authentic BLM witness trees, and no noted attempt is made at archeological excavation for the remains of root masses on most to verify a true corner. Each section corner has 4 witness trees listed in the BLM field notes.
One glaring example of the problem with allowing private surveyors to certify corners is a case where a surveyor was unable to find existing witness tress in the area of a concrete monument, locally used by some landowners and ignored by others. An archeological dig was made at 3 referenced witness tree locations, and only one hole dug had evidence of a tree. The surveyor determined that the concrete monument was a true BLM corner and it has been certified. In the meantime, a sample of the tree evidence was sent to a lab to be radio carbon dated for age. The results came back that the tree time frame was about 1900, which made it too young to be a BLM witness tree. There was no other tree evidence found in the area of the corner. There is monumentation over 300’ to the south that appears to be placed by the USGS as a location for the section corner. This monumentation is ignored by surveyors as it is too far and therefore “discounted.” Discounting lightwoods stakes is also practiced in the area, which was the monumentation used by the BLM.
It would appear that not a single section corner within the entire State has been verified or restored by the State, as of yet.
Twenty of thirty six sections within 1 South 19 West were entrusted by the BLM to the State of Florida for public disposal for a total of about 7269.09 acres and are listed as follows:
All of Section 1 @ 640 acres
All of Section 3 @ 640 acres
All of Section 5 except the w ½ of the NW ¼ @ 560 acres
Section 6 – E ½ of the NE ¼ @ 80 acres
All of Section 7 except the s ½ of the SE ¼ @ 560 acres
All of Section 9 except the ne ½ of the SE ¼ and the se ¼ of the SW ¼ @ 560 acres
Section 10 – SE ¼ @ 160 acres
All of Section 11 except the s ½ of the NE ¼ @ 560 acres
Section 15 – the w ½ of the NW ¼ @ 80 acres
All of Section 16 @ 640 acres
Section 18 - the e ½ of the NW ¼ , the nw ¼ of the NW ¼ , the nw ¼ of the SE ¼ , the ne ¼ of the SW ¼ @ 200 acres
Section 19 – the w ½ of the SE ¼ , the e ½ of the SW ¼ @ 160 acres
Section 22 – the NW ¼, the w ½ of the SW ¼ @ 157 acres
Section 25 – the w ½ of the SW ¼ @ 80 acres
All of Section 26 except the NE ¼ and the e ½ of the NW ¼ @ 400 acres
Section 27 – the SE ¼, the w ½ of the SW ¼ @ 163 acres
All of Section 31 @ 117 acres
Section 33 – the SE ¼, the SW ¼ @ 322.50 acres
All of Section 34 @ 549.59 acres
All of Section 35 @ 640 acres
Tax Deeds sold by the State and Walton County create conflict
The report has been created to demonstrate and confirm the negligent work done by the government of the Public Lands of Florida and the the County Commission of Walton County Florida in the management of Public Lands entrusted to them and to the Public Records associated with these Public Lands.
The Federal Government invented the Public Lands Survey System (PLSS) and installed at great expense the Township Range Section Grids "TRS Grids" in what became thirty different States. The PLSS was invented and legislated as Nation Governance Policy before the United States Constitution was written and even formed the bases on with it was written. This National Governance Policy was invented as a method to distribute public lands as a product to private citizens by and through the sale of United States Land Patents and as Securities sold around the World to finance the operation of the United States Federal Government. The debt created by the Securities aka the National Debt, is to be paid down first by sale of the Patents and then perpetually by the sub licences granted to regional governments. Today we call these States. The land we known as Florida became the property of the United States in 1821 by and through the Adams-Onis Treaty with Spain. From 1821 to 1845, which is twenty four years, Florida was controlled by the US Federal Government, it's owner. The Regional Government of Florida applied for and received a conditional sub license, known as "Statehood" on March 3rd of 1845 and was admitted into the Union under the express condition that "it shall never interfere with the primary disposal of the public lands lying within it". [cite U.S. Congress; 1845 Act of Florida Statehood] The State of Florida, and its' agent Walton County has directly interfered with the disposal of public lands within it and the subject Township 1 South 19 West.
Lands totaling approximately 7,269.09 acres within Township 1 South 19 West were entrusted to Florida by the Federal Government. The Lands granted to Florida were distributed and managed by various methods that do not comply with the requirements of the U.S. Surveyor Generals Office or the terms of the express conditional sub license cited. An example as well as a vital method of compliance to insure that Florida never interfered with the public lands within it was required by the Federal Government; each County is required to have a County Surveyor to oversee that land distribution complies with the National Governance Policy and does not alter Federally monumented TRS Grids. In Walton and Dade counties (and perhaps in all of counties of Florida) the County Surveyors did not follow federal law or the TRS surveys, and established new section corners, lines and grids by going the wrong direction or exceeding their authority. The State of Florida exercised negligent management and relied on the work done by the County Surveyors in the distribution of the Public Lands and did not require confirming surveys of lands sold. The errors from faulty survey work resulted in faulty distribution of the Public Lands by Florida this misfeasance is the direct cause of numerous formal legal disputes inclusive of this one, and countless private conflicts that are still on-going. Walton County has long encouraged the creative use of a “Quit Claim Deed” as a remedy of the resulting confusion created by this negligence, which only resulted in creating more confusion and conflict.
Over time the State of Florida became aware that it must address the confusion and conflict it had created and promulgated the Marketable Record Title Act (MRTA) in 1963. This statement describes the effect of MRTA and introduces two new title concepts: 1) marketable record title, and 2) root of title.
MRTA creates a new statutory concept of title: marketable record title. Most old title considerations arising prior to the root of title can be ignored because their effect on title has been eliminated by the legislature's enactment of MRTA. In effect, MRTA works as the ultimate statute of limitations. When other such statutes do not cure a particular title defect, MRTA ultimately will, unless the matter is an exception to the curing effect of MRTA. The statute eliminates the original defects or inaccurate claims to real property and limits the labor involved in a traditional title examination. The statute modifies the concept of clear title by confirming "marketability" based on time rather than a lawful, accurate, and reliable record from the sale of the original Patent to the present.
The Legislation is indexed at F.S. §712.02, and states in part:
"Any person having the legal capacity to own land in this state, who, alone or together with his predecessors in title, has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which shall be free and clear of all claims except matters set forth as exceptions to marketability in F.S.§ 712.03."
The problem with MRTA is that it acts to cover up and absolve Florida from its unacceptable negligence that created unlawful, inaccurate, and unreliable public records from the sale of the original Patents by Florida forward to the present. These transactions did not comply with lawful requirements of the PLSS system. Florida did not confirm the location of the land sold to certify that the location did not conflict with or alter the TRS Grid nor did Florida confirm that the investor received the proper amount of land in the correct location.
The word Statehood imparts lawful authority and lawful responsibility. Florida seeks to absolve itself from the responsibility of and for preserving the integrity of the PLSS, for the perpetuation and protection of federal property, to wit the TRS grids that create the Public Lands. Public lands are mandated to pay down the National debt. The security of Patents, the federal Constitutional Rights of the Patent holders and their contractual rights, as well as the rights of the owner of the Public Lands. All of these rights become nebulous to Florida as the MRTA works as the ultimate statute of limitations to protect the State at the expense of everyone else involved and since it enactment is used often in local civil issues involving land, which benefits a select few at the expense of the other investors and the owner. MRTA allows and promotes the further destruction of the TRS grids in its support of corners established by re-survey or even new surveys to have more validity than corners established by the original Federal Survey which is in violation of federal law.
In addition:
Once the MRTA was passed, the State of Florida rewrote it's Constitution and simply left out any reference to County Surveyors in 1967. The next step was as simple as omitting the words "County Surveyors" in the funding rolls for the next year. This is not lawful because this is a fundamental change to the express terms of the sub licence that gave Florida lawful authority in the first place.
Another one of the express terms of Statehood is County Surveyors, because it is their job to protect, maintain, and perpetuate the federal property known as the TRS Grids. When Florida's mismanagement of the County Surveyors and other negligent errors became clear, the State legislated MRTA to cover the problem, and it blamed the County Surveyors as the creators of the problem and then legislated them away.
In 1977 the State of Florida promulgated FS 177.051-10 and acknowledged its responsibility and generated a program requiring private surveyors to file certified corner documents. However there is no authentication of these corners by the State as alluded to by FS 177.052. Thus multiple certified corners now exist in different locations for the same corner. The direct result is a perpetuation of the original confusion created by the negligent management and is therefore negligent in and of its self.
In an effort to keep this report as brief as possible, only a portion of the research is reflected here, however it clearly and definitively proves the allegation of direct interference. A tremendous amount of additional information is available upon request.
The original south section line of 16 has moved north by more than 300’
SE ¼ of the SE ¼
The original 40.02 acre sale of the SE ¼ of the SE ¼ of section 16 was to Giles Bowers in 1860 from the State of Florida (1). The State sold the land in Section 16 to raise monies for schools. At some point, the land was conveyed to McCullough prior to 1885. Due to one of the courthouse fires in the area (Alaqua or Eucheanna), the public record of this and other transactions are missing. After the fires, the first record is a deed issued from McCullough to Crawford in 1885 (2), and this deed notes an exception for 3 acres in the NW corner of the 40.02 acre tract. Crawford conveys the land to Stanley in 1897 (3), with an exception of 3 acres in the SW corner and specific dimensions are given for the exception (210’ x 630’). The exception at the south end of the 40.02 acre parcel is also the oldest reference with measurements tied to the property of the defendant. The 3 acres in the NW corner of the SE ¼ of the SE ¼ is conveyed a couple of times (4,5) with specific measurements given. The transactions of the NW corner were done after the deed in the SW corner was issued (3)
In 1909, a deed is recorded that conveys ½ interest in the se ¼ of se ¼ less 3 acres in NW coner and 3 acres in SW corner to McCaskill (6). With this document, the total land involved from the original 40.02 acre parcel is now 34.02 acres, and 6 acres belongs to other people. Nothing happens in the public records with any part of the original tract (which now has three different owners) until 1940. McCaskill sells 10 acres from the SW corner of the SE ¼ of the SE ¼ to Burleson in 1940 (7) There are no documents in the public records that conveys the 3 acres at the NW or the 3 acres at the SW corners of the original 40.2 acre parcel to McCaskill, yet McCaskill seems to convey land owned by someone else. The confusion of the section corner location is apparent as it appears that the deed issued in 1940 conveys 10 acres using the monumentation established with boundaries of the 34.02 acre parcel (5). The 3 acres in the SW corner appear never to convey forward (3) and is evident over many years as a tract of land with identical dimensions shown as “unknown” on the County Tax Appraiser’s tax map until 2003, when it moved. This unknown tract was used, cleared, and protected by our predecessor’s in title, as well as ourselves. The tract is clearly shown on an aerial photo found in the Walton County Tax Appraiser’s archives as document PD 1227-7-15, flown on 11-27-72. The chronological history of surrounding deeds support the location of 4 different monuments used as the SE corner of Section 16 -one placed by the BLM for the distribution of patents, one placed by the State for distribution of lands in Section 16 @ 1850-60, one placed by Coleman for his 1943 survey of the Bayou LaGrange subdivision, and one placed by ACC in 1953. The latter three do not seem to follow the BLM survey when the profiles of land and shoreline are compared. Comparisons of surveys seem to show that ACC attempted to follow the work done by the State and County, as most monuments are in the same proximate locations.
It appears that the State did not follow the same bearings as the BLM and the conflict of survey work creates a hiatus of several hundred feet between 2 monument locations. Coleman’s monument was located between the BLM and State monuments and a little further west. Coleman’s monument has recently been obliterated by the clearing of land. Deed research for land within Coleman’s survey, supports confusion among the landowner’s as to where exactly their land is located. Current corner monumentation for Coleman’s survey is now different, along with the field measurements and locations of tracts originally outlined on his survey. ACC’s monument is near the location that seems to be established by the State and reinforced by the County. The same errors are found in other townships within Walton County, but for the sake of keeping this report brief, the facts will stay focused on the immediate vicinity.
Similar discrepancies in survey work and corner monumentation is found in other portions of this township associated with lands distributed by both Walton County and the State. Lands identified by the BLM in one section becomes identified by the State and County in a different section. The conflict creates great confusion with surrounding landowners, and a long history of boundary lawsuits plague the legal system in Walton County. The BLM set the section corners in the area using light wood stakes. Local judges ignore testimony of light wood stakes, and support survey work done by the Walton County surveyors or others, where corners are placed – not retraced. Testimony from a person identified as a Walton County Surveyor in one case supports that the bearings used to place a corner do not match the bearings documented by the BLM. One judge rules that ACC is not the BLM corner location, while another judge rules that ACC is the BLM corner location. Case law is not cited to support some of the local rulings. Public records are missing from Walton County, etc. .
The POB in Section 32 (should be Section 29) on a 1955 FDOT survey (see Section 32 portion of this report for more info) is used to find the location of our corner(s) There are two concrete monuments shown in the proximity for the SE corner of Section 16. There is @ 330’ difference between the 2 monuments. Some deeds in the area are tied to the northern monument, and others are tied to the southern monument. The southernmost concrete monument appears to be the basis for the location of the ROW Deed issued to Adell Gauthier on July 31, 1956 (11), even though the 1955 survey shows the northern most as the corner. Adell Gauthier’s land would not be touching the road if it were tied to the north monument. The only way his land would be in the area of the new road is by relation to the south monument.
Part of the record that is missing is a survey of the city boundaries done by Horace Shepherd in the early 1970’s. Two assistants that worked with Mr. Shepherd have been located, and one is the source of this information. It is currently unclear who the survey was done for, and one purports that it was done for the City of Freeport. The former mayor of Freeport claims to remember the survey but it hasn’t been seen in a while.
The timing of Mr. Shepherd’s survey comes on the heels of the work done in the late 1960’s by the USGS for the Freeport Quadrangle. It would appear that Mr. Shepherd was possibly hired by “someone” to verify the discrepancies between the work done by the USGS and current monumentation used by the City of Freeport or Walton County. This will be difficult to verify since the document is not found in the City files, the former mayor does not know where it is, there is not a copy in Mr. Shepherd’s archives, and we were told by the City attorney’s office that they are unable to supply a copy to us unless we are able to supply the name of the person that the document was created for.
Walter’s chain SW C of SE ¼ of SE ¼
- Receipt #500 State of Florida 1860 to Giles Bowers – SE ¼ of SE ¼ of Sec. 16 for 40.02 acres
- Deed bk 26 pg 224 1885 McCullough to Crawford - sw c of se ¼ of se ¼ in 16 except 3 acres in nw corner
- Deed bk 9 pg 81 1897 Crawford to Stanley - sw c of se ¼ of se ¼ in 16 except 3 acres in sw corner – commence at sw c go n 70 yards, east 210 yds, south 70 yds, and west 210 for 3 acres
- Deed bk 9 pg 493 1900 Burlison to Niles - portion beg. At nw c of se ¼ of se ¼ run e 210 yds s 70 yds w 210 yds n 70 yds for 3 acres
- Deed bk 20 pg 596 1905 Niles to Richardson - the nw c of se ¼ of se ¼ east 210 yards south 70 yards west 210 north 70 yards for 3 acres
- Deed bk 33 pg 4 1909 Richardson to McCaskill - ½ interest in se ¼ of se ¼ less 3 acres in nw c and 3 acres in sw c (This should total 34.2 acres)
- Deed bk 80 pg 599 1940 McCaskill to Burleson - start at sw c of se ¼ of se ¼ go n 660’ at 5 deg. E 660’ s 660’ w 660’ for 10 acres
- Deed bk 99 pg 476 1946 Burleson to Gauthier - start at sw c of se ¼ of se ¼ go n 660’ at 5 deg. E 660’ s 660’ w 660’ for 10 acres
- Deed bk 119 pg 334 1951 Burleson to Gauthier - start at sw c of se ¼ of se ¼ go n 660’ at 5 deg. E 660’ s 660’ w 660’ for 10 acres
- Deed bk 145 pg 71 1956 Gauthier to Burlison begin at swc of se ¼ of se ¼ and run n 5 deg e 120’ e 660’ s 120’ w 660’
- ROW bk 1 page 415 1956 Gauthier to St. of Florida – part of SW ¼ of SE ¼ of SE ¼ of Sec. 16
- Deed bk 228 pg 385 1969 Gauthier to Grasswick – the w 15’ of that portion n of the present road of sw ¼ of se ¼ of se ¼ of sec 16
- OR bk 76 pg 230 1975 Gauthier to Thompson – beg at sw c of se ¼ of se ¼ in sec 16 run n 5 deg e 660’ e 660’ s 660’ w 660’ to POB less parcel sold in deed bk 228 pg 385 described as w 15’ of that portion n of road and except parcel in deed bk 145 pg 71 described as begin at swc of se ¼ of se ¼ and run n 5 deg e 120’ e 660’ s 120’ w 660’
- OR bk 160 pg 643 1979 Thompson to Gall – All that part of the sw ¼ of the se ¼ of the se ¼ sec 16, lying south of existing rd, less & except s 120’ thereof
- OR bk 204 pg 193 Jan.1981 Thompson to Blizzard – start at nw c of sw ¼ of se ¼ of se ¼ then e 15’ to POB, then 350’ e then 350’ s to n ROW of rd, then 410’ to a point that is 135.2’ s of POB then n 135.2’ to POB for 1.98 acres
- OR bk 219 pg 272 Aug. 1981 Thompson to Blizzard – All of sw ¼ of se ¼ of se ¼ of sec 16 n of road except the w 365 of parcel for 3.12 acres
- OR bk 822 pg 117 1992 Burnham to Salmon – same as )R 409 pg 855 1987
- OR bk 934 pg 292 1993 Gauthier to Spraggins – same as Deed bk 145 pg 71 1956
- OR bk 2734 pg 2127 2006 Meade survey from Pascoe
Deed bk 217 pg 454 1968 Burnham to Gauthier – Commence at the sw c of se ¼ of se ¼ of se ¼ of sec 16, and run n 88 deg 00 min e along section line 87.31’ to w boundary line of st rd 83A, then n 41 deg 00 min e along w boundary line of said rd 155’ and 4 1/2”, then run s 88 deg 00min w 186 1/2’, then run s 2 deg 08 min e 124 to POB
OR bk 219 pg 297 1980 Blizzard to Gant Commence at the se c of the sw ¼ of se ¼ of se ¼ of sec 16, then n along the e line of sw ¼ 152.53’ to the n side of a county graded rd. then n 86 deg 33 min 59 sec w along said fr. 100.18; then cont. n 66 deg 31 min 59 sec along rd. 254.25’ to the POB, then n 47 deg 29 min 39 sec e along the centerline of a stream, 316.36’ then n 85 deg 55 min 17 sec w 234.03’ then s 47 deg 29 min 39 sec w 180’ to the nly side of said county graded rd. then s 50 deg 40 min 58 sec e along rd. 171.74’ to the POB for 1 acre
OR 227 pg 117 1981 Blizzard Mort. To Burnham – Commencing at the se c of sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a graded rd for a POB, the n 86 deg 33 min 59 sec w along n edge of said rd 100.18’, then n 315’ to the run of a branch, then n 85 deg 55 min 17 sec w 234.03’, then s 47 deg 29 min 39 sec w 180’ to the n edge of a graded rd, then nwly along said n edge appro. 228’ to a point which is 15’ e of the w 40 line of the se ¼ of se ¼ of sec. 16, then n 135.20’ then e 620.27’ then s 507.47’ back to POB for 3.10 acres SAT 1999 OR bk 2109 pg 324
OR 227 pg 118 1981 Blizzard to Burnham – same as OR 227 pg 117
OR bk 244 pg 590 1982 Oil, Gas, Mineral Lease Burnham to Eight S Co. - from the se c of sec 16, run s 88 deg 00 min w along sec line (s line of 16) 560.35’ to POB being the intersection of w ROW line of st rd 83A & south line sec 16, then n 41deg 00min e along said w ROW of st rd 83A 166.85’, then n 49 deg 00 min w 210’ then n 41 deg 00 min e parallel to the tangent w ROW of st rd 83A 210’ then s 49 deg 00min e 209.56’ to w row of aforementioned st rd 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’ then s 88 deg 00 min w 399.45 feet, then s 2 deg 8 min e 657.45’ then n 88 deg 00 min e along sec line 87.31’ to w ROW line of st rd N 83A and POB
ALSO Commencing at the se c of sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a graded rd for a POB, the n 86 deg 33 min 59 sec w along n edge of said rd 100.18’, then n 315’ to the run of a branch, then n 85 deg 55 min 17 sec w 234.03’, then s 47 deg 29 min 39 sec w 180’ to the n edge of a graded rd, then nwly along said n edge appro. 228’ to a point which is 15’ e of the w 40 line of the se ¼ of se ¼ of sec. 16, then n 135.20’ then e 620.27’ then s 407.47’ back to POB ALSO begin at the se c of sec 16 and running n 2 deg 30 min w 181’, then s 88 deg 00 w 275.3’, then swly along e boundary line of st rd 83A 234’ to the s boundary line of said sec, then n 88 deg e 428’ to POB ALSO start at se c of sec 16, run n 2 deg 30 min w 181’ for POB, then continue n 2 deg 30 min w 413’ to the e boundary line of st rd 83A, then swly along rd. line 492’, then n 88 deg 00 min e 275.3’ to POB
OR bk 409 pg 855 1987 Leo to Tyrone Burnham – Commencing at the se c of the sw ¼ of the se ¼ of the se ¼ of sec 16, then n along e line of said sw ¼ 152.53’ to the n side of a county graded rd, then n 86 deg 33 min 59 sec w along said rd 100.18’ to the POB, then n 315’ to the centerline of a stream, 316.36’ to the n side of the rd, then sely along said rd a chord bearing of s 66 deg 31 min 57 sec e and a chord distance of 254.25’ to the POB for 1 acre
OR bk 560 pg 89 1989 Burnham to himself – same as OR bk 227 pg 117
OR bk 1142 pg 70 1994 Burnham to Johnson – commence at the se c of sw ¼ of se ¼ of se ¼ of sec 16, run 152.53’ to n side of road, n 86 deg 33 min 59 sec w 100.18’, n 66 deg 31 min 59 sec w along road 254.25’, n 50 deg 40 min 58 sec w along road 171.74’ to the POB, then n 47 deg 29 min 39 sec w 60’ to n side of road, then sely along rd 85 to POB
OR Bk 1322 pg 34 1995 QCD Carol to Leo Burnham – same as OR bk 227 pg 117 1981
OR bk 1690 pg 286 1997 Agreement Burnham to English – commence at the se c of the sw ¼ of the se ¼ of se ¼ sec 16, then run n 152.53’ to the n edge of a paved rd, then run n 86 deg 33 min 59 sec w 100.18’, then run n 315’ to the run of a branch and the POB, then run n 85 deg 55 min 17 sec w 234.03’, then run s 47 deg 29 min 39 sec w 120’ to the ne c of that parcel described in OR bk 1142 pg 70, then nwly along the northern boundary of aforementioned parcel 85’, then run s 47 deg 29 min 39 sec w 60’ to the n edge of rd, then nwly along said rd 143’ to a point lying 15’ e of the w 40 line of the se ¼ of se ¼ of sec 16, then n 135.20, then e 520.09’ then s to the POB
OR bk 2550 pg 353 2003 QCD Leo Burnham to himself – commencing at the se c of the sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a county rd for POB, then n 86 deg 33 min 59 sec w along rd 100.18’, then n 500’ to the n line of s ½ of se ¼ of se ¼, then e along said n line 100’ to the ne c of sw ¼ of se ¼ of se ¼ , then s 507.47 to the POB
OR bk 2553 pg 1749 2003 Peoples National Bank Mort. To Burnham - commencing at the se c of the sw ¼ of se ¼ of se ¼ sec 16, then n 152.53’ to the n edge of a county rd for POB, then n 86 deg 33 min 59 sec w along rd 100.18’, then n 507.47’, then e 100.18’, then s 507.47’ back to the POB SAT OR bk 2645 pg 815
OR bk 2676 pg 2047 200 Regions Mort. To Burnham – same as OR bk 227 pg 117 1981 SAT OR bk 2740 pg 4932
OR bk 2739 pg 566 2006 Burnham Marital Aff. – Parcel A: commencing at the se c of the sw ¼ of se ¼ of of se ¼ sec 16, then n 152.53’ to the n edge of a county rd for POB, then n 86 deg 33 min 59 sec w along rd 100.18’, then n 500’ to the n line of s ½ of se ¼ of se ¼, then e along said n line 100’ to the ne c of sw ¼ of se ¼ of se ¼ , then s 507.47 to the POB
Parcel B: from the se c of sec 16, run s 88 deg 00 min w along sec line (s line of 16) 560.35’ to POB being the intersection of w ROW line of st rd 83A & south line sec 16, then n 41deg 00min e along said w ROW of st rd 83A 166.85’, then n 49 deg 00 min w 210’ then n 41 deg 00 min e parallel to the tangent w ROW of st rd 83A 210’ then s 49 deg 00min e 209.56’ to w row of aforementioned st rd 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’ then s 88 deg 00 min w 399.45 feet, then s 2 deg 8 min e 657.45’ then n 88 deg 00 min e along sec line 87.31’ to w ROW line of st rd N 83A and POB
Parcel C: Start at se c of sec 16, then run n 2 ½ deg e 126’, then run 88 deg w 438.5 to w ROW of st rd 83A and POB, then run n 49 deg w 210’, then run n 41 deg e 210’, run s 49 deg e to st rd 83A 210’ then s along rd to POB in se ¼ of se ¼ of se ¼ of 16
Less and Except: from the se c of sec 16, run s 88 deg 00 min w along sec line 560.35 to POB, being the intersection of the w ROW line of st rd 83A and south line sec 16, then w along sec line 87.31’, then n to the s ROW of Sarah Street, then ely along said southerly ROW line to the wly ROW line of st rd 83A then swly along said ROW line back to the POB
OR bk 2739 pg 568 2006 Burnham to Walters – same as OR bk 2739 pg 566
OR bk 2748 pg 3688 2007 Burnham to English – same as OR bk 1690 pg 286 1997
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GROVER TO LEO (ORIGINAL TRACT 126’ S OF ACC)
Deed bk 80 pg 600 1940 REL McCaskill to Boone - Begin at the swc of se ¼ of se ¼, running n 5 deg e 660 for POB then n 660’ then e 990, then s 660’ then w 990 for 15 acres
Deed bk 72 pg 530 1944 REL McCaskill to Boone – E ½ of ne ¼ of se ¼ of se ¼ of sec 16 for 5 acres
Deed bk 95 pg 444 1944 Boone to Florence McCaskill – e ½ of ne ¼ of se ¼ of se ¼ for 5 acres
Deed bk 105 pg 121 1946 Boone to Huckaba - Begin at the swc of se ¼ of se ¼, running n 5 deg e 660 for POB then n 660’ then e 990, then s 660’ then w 990 for 15 acres
Deed bk 112 pg 56 1948 Huckaba to Burnham – begin at the sw c of the se 1/4, run n 5 deg e 660’ for POB then n 660’ then e 990’ then s 660’ then w 990 in se ¼ of se ¼ for 15 acres
Deed bk 149 pg 373 1957 Boone to Burnham correction deed – begin at the nw c of the se ¼ of the se ¼, run s 660’ e 990’ n 660’ w 990’ to POB for 15 acres
Deed bk 170 pg 377 1960 Grover to Leo Burnham – Start at se c of sec 16, then run n 2 ½ deg e 126’, then run 88 deg w 438.5 to w ROW of st rd 83A and POB, then run n 49 deg w 210’, then run n 41 deg e 210’, run s 49 deg e to st rd 83A 210’ then s along rd to POB in se ¼ of se ¼ of se ¼ of 16
OR bk 34 pg 374 1973 Burnham Mort. With 1st Nat. Bank – same as Deed bk 170 pg 377 SAT 1981 OR bk 213 pg 263
Deed bk 220 pg 241 1968 Huckaba to Burnham to correct bk 112 pg 56 - begin at the sw c of the se ¼ of the se1/4, run n 5 deg e 660’ for POB then n 660’ then e 990’ then s 660’ then w 990 in se ¼ of se ¼ for 15 acres
OR bk 34 pg 374 1973 First National Bank Defuniak Springs Mort. To Burnham- Start at se c of sec 16, then run n 2 ½ deg e 126’, then run 88 deg w 438.5 to w ROW of st rd 83A and POB, then run n 49 deg w 210’, then run n 41 deg e 210’, run s 49 deg e to st rd 83A 210’ then s along rd to POB in se ¼ of se ¼ of se ¼ of 16 for one acre
OR bk 1016 pg 153 1993 Burnham Mort. To Wilkinson – commencing at the se corner of sw ¼ se ¼ or se ¼ sec 16, then n (numbers are scrambled) 252.71? feet to the n edge of a graded rd, then n 315’ to the run of a branch for POB, then n 85 deg 55 min 17 sec w 234.03’ then s 47 deg 29 min 39 sec w 180’ to the n edge of graded rd, then nwly along n edge approx. 228’ to a point which is 15’ e of the w forty line of the se ¼ of s ¼ of sec 16, then n 135.20’ then e 620.27’ then s 192.47’ then n 86 deg 33 min 59 sec. w 100.18’ back to the POB
OR bk 1282 pg 69 1995 Carol to Leo Burnham – same as Deed bk 170 pg 377 1960 (“for 1 acre” added)
OR bk 1886 pg 1 1998 Regions Mort. To Burnham – same as Deed bk 170 pg 377 1960 (“for 1 acre” added) SAT OR bk 2384 pg 371
OR bk 2381 pg 147 19 Regions Mort. To Burnham – same as Deed bk 170 pg 377 1960 SAT OR bk 2740 pg 979
OR bk 2739 pg 565 2006 SAT. Wilkinson Mort to Burnham – same as OR bk 1016 pg 153 1993 (numbers are scrambled)
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SE CORNER 181’N AND 413 N (ACC) 1st reference -deed bk 229 pg 97 1969
Deed bk 229 pg 97 1969 Grover to David Burnham - begin as the se c of sec 16 and run n 2 deg 30 min w 181’, then s 88 deg 00 min w 275.3’ then swly along e boundary line of st rd 83A 234’ to the s boundary line of said sec, then n 88 deg 00 min e 428’ to the POB
Deed bk 229 pg 140 1969 Grover to Earl Burnham – start at se c of sec 16, run n 2 deg 30 min w 181’ for POB, then continue n 2 deg 30 min w 413’ to the e boundary line of st rd 83A, then swly along rd. line 492’, then n 88 deg 00 min e 275.3’ to POB description furnished by Pleasy Collins
OR bk 69 pg 422 1974 David to Leo Burnham – same as Deed bk 229 pg 97 1969
OR bk 233 pg 83 1981 same as OR 229 pg 140
Or bk 409 pg 854 1987 Burnham to Fiegel – same as deed bk 229 pg 140
OR bk 1283 pg 80 1995 QCD Carol to Leo Burnham - same as deed bk 229 pg 97 1969
SE CORNER 560’ WEST 141.55 N call (ACC) 1st ref – deed bk
Deed bk 216 pg 87 1968 Grover to Leo Burnham – from the se c of 16, run s 88 deg. 00 min w along sec. line (s line of 16) 560.35’ to POB at intersection of w ROW line of 83A and s line of 16, then n 41 deg 00 min e along w ROW of 83A 166.85’, then n 49 deg 00 min w 210’, then n 41 deg 00 min e parallel to the tangent of w ROW 210’, then s 49 deg 00 min e 209.56’ to w row of 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154.0’, then n 24 deg 32 min e 141.55’, then s 88 deg 00 min w 399.45’, then s 2 deg 08min e 657.45’ thence n 88 deg 00 min e along sec line 87.31’ to w ROW line of 83A and POB
OR bk 69 pg 292 1974 Burnham to Freeport Loan Co. - from the se c of sec 16, run s 88 deg 00 min w along sec line (s line of 16) 560.35’ to POB being the intersection of w ROW line of st rd 83A & south line sec 16, then n 41deg 00min e along said w ROW of st rd 83A 166.85’, then n 49 deg 00 min w 210’ then n 41 deg 00 min e parallel to the tangent w ROW of st rd 83A 210’ then s 49 deg 00min e 209.56’ to w row of aforementioned st rd 83A, then along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’ then s 88 deg 00 min w 399.45 feet, then s 2 deg 8 min e 657.45’ then n 88 deg 00 min e along sec line 87.31’ to w ROW line of st rd N 83A and POB SAT OR bk 98 pg 14
OR bk 98 pg 12 1976 Burnham Mort. To Freeport Loan Co. – same as OR bk 69 pg 292 SAT 1977 OR bk 130 pg 143
OR bk 130 pg 144 1977 Burnham to Freeport Loan Co. - same as OR bk 69 pg 292
OR bk 160 pg 444 1979 Burnham Mort. To Freeport Loan Co. - same as OR bk 69 pg 292 SAT 1981 OR bk 212 pg 43
OR bk 213 pg 265 1981 Burnham Mortgage to The First National Bank – Commence at the se c of 16, run s 88 deg w along the sec line 560.35’ to the w ROW of st rd 83A, then run n 41 deg e along ROW 155’ 4 ½” to a POB, then continue n 41 deg e along ROW line 221.48’, then nely along ROW and curving concave to the se 288.95’, then s 88 deg 22 min w 154’, then n 24 deg 32 min e 141.55’ then run s 88 deg w 399.45’ then s 2 deg 8 min e 533.45’ then r n 88 deg e 186.5’ to POB and
Beginning at the se c of sec 16, then run 2 deg 30 min w 181’ then s 88 deg 0 min w 275.3’ then run swly along the e boundary line of 83A 234’ to the s boundary line of sec. then run n 88 deg 00 min 428’ to the POB
OR bk 293 pg 516 1984 Burnham Mortgage – same as 213 pg 265
OR bk 560 pg 87 1989 Burnham to himself – from the se c of sec 16, run s 88 deg 00min w along sec line (south line of 16) 560.15’ to POB, being the intersection of w ROW line of st rd 83A and s line of sec 16, then n 41 deg 00 min e along said w ROW of st rd 83A 166.85’ then n 49 deg 00 min w 210’ the n 41 deg 00 min e parallel to the tangent of w ROW of st rd 83A 210’ then s 49 deg 00 min e 209.56’ to w ROW of afore mentioned st rd 83A, thence along ROW line and curving concave to the se 288.95’ in a nely direction, then s 88 deg 22 min w 154’ then n 24 deg 32 min e 141.55’, then s 88 deg 00 min w 399.45’, then s 2 deg 08 min e 657.45’, then n 88 deg 00 min e along sec line 87.31’ to w ROW line of 83A and POB
OR bk 1282 pg 71 1995 QCD Carol to Leo Burnham - same as OR bk 69 pg 292
OR bk 1771 pg 365 1998 Burnham to Spraggins – from the se c of sec 16, run s 88 deg 00 min w along sec line 560.35 to POB, being the intersection of the w ROW line of st rd 83A and south line sec 16, then w along sec line 87.31’, then n to the s ROW of Sarah Street, then ely along said southerly ROW line to the wly ROW line of st rd 83A then swly along said ROW line back to the POB
SE CORNER 560’ WEST 141.55 N call (ACC) 1st ref – deed bk 213 pg 265
OR bk 106 pg 153 1993 Mortgage between Wilkinson to Burnham – commence at se c of sw ¼ of se ¼ of se ¼ in sec 16 thence n (looks like) 252’ to n edge of a graded rd thence n 315’ to the run of a branch for POB thence n 85 deg 55 min 17 sec w 234.03’ thence s 47 deg 29 min 39 sec w 180’ to the n edge of a rd aprox 228’ to a point which is 15’ e of the w 40 line of the se ¼ of se ¼ of sec 16 thence n 135.20’ thence e 620.27’ thence s 192.47’ thence n 86 deg 33 min 59 sec w 100.18’ back to POB
OR bk 1886 pg 7 1998 Burnham Mortgage – commence at se corner of 16 run n 2 ½ deg e 126’, run s 88 deg w 438.5’ to w ROW of st rd 83A and POB then run n 49 deg w 210’ then run n 41 deg e 210’ then run s 49 deg e to st rd 83A 210’, then run s along rd. 210’ to POB in SE ¼ of se ¼ of se ¼ for 1 acre
BURNHAM TO GARODNICK AND LOT 1
1. Deed bk 135 pg 193 1955 Weathers to Burnham – Lot 1 of Bayou Lagrange
2. Deed bk 135 pg 195 1955 Weathers to Burnham – East ½ of ne ¼ of se ¼ of se ¼ and se ¼ of se ¼ of se ¼ sec 16 for 15 acres
3. Deed bk 175 pg 77 1961 Grover to Hazel Burnham - Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16 for 1 acre
4. Deed bk 208 pg 316 1967 Burnham to Garodnick – commence at the se c of the se ¼ of se ¼ of 16, run n 2 deg 30 min w a distance of 530’ then run s 87 deg 45 min w a distance of 146’ to w boundary of state rd 83A for POB then run s 87 deg 45 min w 154’ then run n 25 deg 00min e for 210’ then run n 87 deg 45 min e 154’, then s 25 deg 00 min w for 210 along the w ROW of St. rd. 83A to POB Surveyed by Pleasy Collins REF: bk. 135 pg 195
5. OR bk 289 pg 260 1984 Mortgage to Garodnick – same as deed bk 208
6. Vol 105 pg 79 1970 RM Grasswick and Burnham – can’t view online
7. Deed bk 231 pg 435 1970 Lot 1 of Bayou Lagrange S/D, and that part w of st rd 83A of n ½ of se ¼ of se ¼, except a parcel described as follows: Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16 and except commencing at the se c of sec 16 run n 2 deg 30 min w along the sec line 530’; then s 87 deg 45 min w 146’ to the w boundary line of st rd 83A; then n 25 deg e along the w boundary line of said rd 210’ for POB; then s 87 deg 45 min w 154’; then s 25 deg w 68’; then s 88 deg w 76’; then n 10 dege 115.5’ to driveway; then n 65 deg e 338.5’ to the w boundary line of st rd 83A, then s 23 deg 15 min w along said roadline 190.5’ to POB, and except a parcel 154’ e and w by 68’ n and s in the se c of said tract, being a portion of the property heretofore conveyed to Max Garodnick
8. Deed bk 235 pg 472 1970 Wilburn to Caroline Burnham – begin at a concrete monument at the nw c or Lot 1, Bayou LaGrange subdivision, run then e along the n line of said lot 215’ to the 50’ ROW of st rd 83A, then swly along said rd 337’ to an iron pipe, then n 59 ½ deg w 172’ to an old fence, then n 21 deg 8 min e along fence 240’ to POB, being a part of said Lot 1, and a part of the e ½ of ne ¼ of se ¼ of sec 16
9. Deed bk 236 page 408 1971 Burnham to Garodnick – commence at the se c of 16, run n 2 deg 30 min w a distance of 530’ then run s 87 deg 45 min w a distance of 146’ to w boundary of state rd 83A, then n 25 deg 00 min e along w boundary line of rd 210’ for POB then s 87 deg 45 min w 154’ then s 25 deg 00 min w 68’ then s 88 deg 00 min w 76’, then n 10 deg 00 min e 115.5 ‘ to driveway, then n 65 deg 00 min e 339.5’ to w boundary line of st rd 83A then s 23 deg 15 min w along w boundary line of rd 190.5 to POB description furnished by Pleasy Collins
10. OR bk 46 pg 11 1973 SAT of Morg. Grasswick to Burnham vol 105 pg 79 – Lot 1 of Bayou Lagrange S/D, and that part w of st rd 83A of n ½ of se ¼ of se ¼, except a parcel described as follows: Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16 and except commencing at the se c of sec 16 run n 2 deg 30 min w along the sec line 530’; then s 87 deg 45 min w 146’ to the w boundary line of st rd 83A; then n 25 deg e along the w boundary line of said rd 210’ for POB; then s 87 deg 45 min w 154’; then s 25 deg w 68’; then s 88 deg w 76’; then n 10 dege 115.5’ to driveway; then n 65 deg e 338.5’ to the w boundary line of st rd 83A, then s 23 deg 15 min w along said roadline 190.5’ to POB, and except a parcel 154’ e and w by 68’ n and s in the se c of said tract, being a portion of the property heretofore conveyed to Max Garodnick
11. OR bk 185 pg 557 1980 (says 1971 on paper) Grover to Leslie Burnham - Begin at concrete monument at nw c of Lot 1 of Bayou Lagrange S/D in sec 15, run the along the n line of said lot 1 a distance of 215’ to 50’ ROW of st rd 83A, then swly along said rd 337’ to iron pipe; then n 59 ½ deg w 172’ to old fence; then n 21 deg 8 min e along fence 240’ to POB part of said Lot 1 and part of e ½, nw ¼, se ¼ of sec 16
12. OR bk 289 pg 260 1984 Garodnick Mortgage – description same as bk 236 pg 408 in 1971
BUXTON
OR Bk 2549-1196 2003 Buxton to Reis – south ½ of the following property: The w ¾ of the w ½ of sw ¼ of se1/4 of sec. 16
OR bk 2732 pg 4291 2006 Reis Mortgage – commence at the sw c of se ¼ of 16, go s 88 deg 46 min 02 sec e along the s line 162.29’ to POB, then go n 01 deg 39 min 08 sec e 466.70’ go s 88 deg 39 min 46 sec e 466.70’ go s 1 deg 39 min 08 sce w 465.85’ to a point on s line of 16 go n 88 deg 46 min 02 sec w 466.71 to POB
OR bk 2735 pg 4467 Reis-Quillian easement – has boundary survey on page 4475, no fence shown, no monumentation found (other than Odom’s surveyors)
OR bk 325 pg 134 1984 Dobrila Hansen to George Bryan – the n ¼ of the se ¼ of the se ¼ of sec 21. Grantor reserves a strip 30’ in width across the northern and western boundaries of above described lands for the purpose of ingress and egress. Said easement along western boundart to extend from the n ROW of county road to the northwest corner of the described lands. Subject to ROW from Dobrila Hansen Hodge, a widow to the Board of County Commissioners of Walton County Florida as recorded in deed bk 227 page 10 public records of Walton County, Florida
Deed bk 105 pg 26 Boone to McCaskill 420’x530’
Needs to be indexed
Deed bk 44 pg 37 1914 Sheriff deed (Niles) to Gillis – nw ¼ of se ¼ and ne ¼ of sw ¼ for 80 acres
Deed bk 46 pg 463 1916 turpentine lease from Niles to McCaskill
Deed bk 236 page 408 1971 Burnham to Garodnick - this has a 210’ call not identified in Garodnick’s previous deed from Burnham
The SW ¼ of the SE ¼
Deed bk 11 pg 335 1899 School Board to Thorp/Richardson – sw ¼ of se ¼, nw ¼ of sw ¼, and s ½ of sw ¼ for 240 acres
Deed bk 76 pg 319 1934 Tax Deed to Richardson -sw ¼ of se ¼ except w ½ of e ½ of sw ¼ of se ¼ -for 30 acres
Deed bk 78 pg 141 1936 Richardson to Richardson - same description as 76-319
The ne ¼ and nw ¼
Deed bk 19 pg 540 1901 Stanley/McCullough to Bludworth - ne ¼ of se 1/4
Deed bk 18 pg 321 1904 Bludworth to McCaskill - the nw ¼ of the se ¼
Deed bk 37 pg 463 1913 Niles to Davis – the nw ¼ of the se ¼, etc
Deed bk 44 pg 37 1914 Sheriff’s deed to Gillis - nw ¼ of se ¼ and ne ¼ of se ¼
The sw ¼
Deed bk 37 pg 463 1913 Niles to Davis – ne ¼ of sw ¼ , etc
Deed books 72-536 and 116-503 shows confusion McCaskill to Laird
BAYOU LAGRANGE SUBDIVISION OF SECTIONS 15 & 22
PLAT BOOK 2 PAGE 34 1943
The north line of section 22 has moved north by 25 acres and the land mass has changed from 96 acres (BLM survey- Govt. Lot 4) to 146.64 acres (Coleman’s survey approved by Walton County Commissioners) reflecting a difference of 50.54 acres
In relation to the case, the relevance is that BLM sections 15, 16, 21, and 22 and the Bayou LaGrange subdivision share the same common corner locations. This portion of the report shows northern and western movement of the NW and SW corners of section 22, which impacts all associated sections. The land mass originally surveyed was 96 acres as Government lot 4 by the BLM.
The history of public records shows that Chinquapin branch was originally used as a dividing line of the 96 acres, with 40 acres located north of the branch and 56 acres located south of the branch (see 1 and 2). Later deeds identify 65 acres north of the branch and 25 acres south of the branch (see 3,4,5,6,7 and 8). The activity involved with all the deeds from 1889 to 1906 are questionable, since a statement is issued from the Commissioner of Agriculture that deed #3253 was issued by the St. of Florida Trustees of Internal Improvement Fund, and was sold in 1860 to M. Crawford (see 9) A lawsuit between Crawford and McCaskill was filed in Walton County courthouse within the time frame of the questionable deeds and Commissioner Of Agriculture’s statement, but the case and associated files have disappeared from the public records of the Clerk of Courts office in Walton County (case # ). There is no public record to be found on how or why McCaskill ultimately obtained the land as that issue ended, but the northern section line location that was established by the previous deeds seems to be used after any resolution made. The current (northern) line of section 22 does not match the measurements or surrounding profile of the terrain, and is not straight in comparison with the BLM survey. The current corner is marked with an ACC monument, placed in 1953 by Cook. To the south of the current corner being used, there is an interesting brass capped pipe monumentation on Robinwood Drive. All recent surveyors are “discounting” this location due to the great distance from the current corner. Evidence would seem to show that someone tried to remove it, was unsuccessful, and then hammered the top cap over so that it can’t be viewed. Our research has found another survey in the public records which identifies a brass capped pipe as placed by the USGS. Where is Chinquapin branch in relation to the brass pin? The theory is 40 Acres south, with the (later) 65 acre discrepancy establishing the ACC corner. This supports a 25 acre northern movement of the section line and corner location over time.
Connections to other portions of this report:
Northern movement of the common corners impact land size and location with a ripple effect. This is evident with the issues of Lot 7 in Section 27 immediately to the south of Section 22, where the land mass has grown from .48 of an acre (BLM) to almost 6 acres (City of Freeport, and Walton County)
The NE corner of Section 15 was ruled upon when an ACC monument was found not to be a true corner in a 1950’s civil issue. The ruling supports the other corner location in question even though testimony states a lightwood stake was so far away from the 2 corners in the dispute that the stake was “discounted.”
An ACC monument was found to be a true corner is our issue, even though the line was not straight as required by the BLM. A nearby confirmed BLM lightwood stake was also disregarded by the judge.
Section 15 SW corner
Deed bk _____ pg 325 1907 McCaskill to Stanley – 8 ½ acres of land in the SW corner fo the w ½ of the sw 4 of sw 4 sec 15 described as follow:
Section 22 NW corner
1. Deed bk 6-pg 56 1889 Bauler to Crook - 40 Acres in NW corner of Lot 4 Section 22
2. Deed bk 6-pg 455 1889 Bauler to Bauler - All of Lot 4 except 40 acres in NW corner of Lot 4 Section 22 & total 56 acres south of Chinquapin branch
3. Deed bk 6-pg 54 1890 Bauler to Crook - 25 acres south of 40 Acres in NW corner of Lot 4 Section 22
4. Deed bk 7-pg 200 1894 Bauler to Bauler - All of Lot 4 except 65 acres north of Chinquapin branch
5. Deed bk 14-pg 14 1900 Bauler to Bludworth - All of Lot 4 except 65 acres north of Chinquapin branch
6. Deed bk 30-pg 23 1902 Crook to Freeport Lumber - 40 Acres in NW corner of Lot 4 Section 22 and 25 acres south of 40 Acres in NW corner of Lot 4
7. Deed bk 15-pg 616 1903 Bludworth to McCaskill - All of Lot 4 except 65 acres north of Chinquapin branch
8. Deed bk 24-pg 55 1906 Freeport Lumber to McCaskill - 40 Acres in NW corner of Lot 4 Section 22 and 25 acres south of 40 Acres in NW corner of Lot 4
9. Deed bk 33 pg 255 1910 State of Florida to M. Crawford - statement from the Commissioner of Agriculture that deed #3253 was issued by St. of Flor. Trustees of Internal Impro. Fund and was sold in 1860 to M. Crawford
During the same time frame as the ownership dispute and northern section line migration for the NW portion of section 22 (ie: Gov. Lot 4), the McCaskills acquired and sold surrounding properties in surrounding sections that used the same corner reference. One of the transactions divides the SW ¼ of the SW ¼
of section 15. Subsequent deeds and ancient fence lines support the SW section 15 corner and section line location to be north of the brass pin, and south of the ACC monument. This line seems to coincide with the southernmost portion of the 82’ south line of a less and except identified in Sec. 21 on the Baskerville Donovan survey, and identified as the section line according to public records involved with Leo Burnham. This will be addressed in Section 16 and 21 reports
Needs to be indexed
1. Deed bk 30 pg 115 1905 McCaskill to Gillis - begin at a point on 4 mile creek 264’ north of section line and go w 648’ n 432’ e 645’ down the bank to POB area known as Old Shipyard Ways
2. Deed bk 25 pg-325 1907 McCaskill to Stanley - w ½ of sw ¼ of sw ¼ of section 15 Begin at sw c run e 220 yds n 185 yds w 220 yds s 185 yds for 8 ½ acres
3. Deed bk 26 pg-134 1908 Stanley to McCaskill - w ½ of sw ¼ of sw ¼ of section 15. Begin at sw c run e 220 yds n 185 yds w 220 yds s 185 yds for 8 ½ acres
4. Deed bk 26 pg 235 1907 McCaskill to McCaskill - w ½ of sw ¼ of sw ¼ of section 15 for 20 acres less 8 ½ acres sold to Stanley
Deed bk 34 pg 460 1911 McCaskill to Mayo – The w ½ of sw ¼ of sw ½ of sec 15 containing 10 acres known as C K McCaskill property and does not include the Arthur Stanley place.
5.Deed bk 16 pg 31 1903 Tax deed to Taunton - 3 acres in nw c of sw ¼ of sw ¼ in section 15
Deed bk 22 pg 293 1906 Taunton to McCaskill - 3 acres in nw c of sw ¼ of sw ¼ in section 15
Plat bk 2 pg 34 1943 Survey of Bayou Lagrange subdivision
Deed bk 89 pg 294 1944 McCaskill to Gillis – Lot 5 in Bayou Lagrange for 8.28 acres
Deed bk 109 pg 77 1946 McCaskill to Johnson – Lot 6 for 10.2 acres
Deed bk 109 pg 31 1946 McCaskill to Weathers – SE ¼ of SE ¼ of SE ¼ and E ½ of NE ¼ of SE ¼ of SE ¼ of sec 16 for 15 acres ALSO: Lot number one in Bayou LaGrange, containing 1 and fraction acres
Deed bk 133-497 1953 McCaskill to Fannin - Option Agreement all of lot 6 for 10.2 acres
Deed bk 152 pg 145 1957 McCaskill to Fannin - all of lot 6 for 10.2 acres
Deed bk 152 pg 257 1957 Fannin to Laird - n ½ of lot 6 in Bayou Lagrange with the northern boundary being on 4 mile creek for 5 acres
Deed bk 164 pg 1 1959 Laird to Laird - n ½ of lot 6 in Bayou Lagrange with the northern boundary being on 4 mile creek for 5 acres
Deed bk 165 pg 213 1959 Laird to Laird - n ½ of lot 6 in Bayou Lagrange with the northern boundary being on 4 mile creek for 5 acres
Deed bk 183 pg 344 1962 Hansen to Laird - lot 8 for 19.34 acres
185-551 n ½ of Lot 6 exc. W 675
Deed bk 186 pg 179 1963 Laird to Laird lot 8 for 19.34 acres
Deed bk 188 pg 264 1963 Laird to Fannin - w ½ of lot 6 for 10.2 acres
Deed bk 189 pg 228 1963 McCaskill /Fannin/Laird - corrective warranty deed and ROW McCas. conveyed all of lot 6 to Fannin Fannin conveyed n ½ to Laird and should have been all of lot 6 except the w 675’. Parties tried to correct in previous deeds 20’ row issued
Deed bk 190 pg 19 1963 Fannin to Walton County - easement for 50’ off of lots 5, 6, and 7
Deed bk 212 pg 110 1967 Fannin to Caswell - w ½ of lot 6
Deed bk 230 pg 274 1970 McCaskill to Grasswick – that portion of Government lot 8 lying west of st. rd. 83 and s of Four Mile Creek
OR bk 2 pg 452 1971 Wood to Hales - n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 185 pg 551 1980 Hales to Hales - n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 20 pg 499 ? n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 2 pg 542 ? n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
OR bk 2663 pg 3098 n ½ of lot 6 in Bayou Lagrange except w 675’ of lot and n 20’ for easement
COMMON CORNER OF SE 10, SW 11, NW-14, NE-15
The current location that is being used as the common corner for these sections was originally established by S.K. Miller –Walton County surveyor in 1926 (see 1) Mr. Miller does not find a BLM monument or any form of monumentation, nor does he retrace the BLM steps with his survey work. He places monumentation for the subdivision, and establishes a section corner rather than recovering the original corner.
This corner location comes into question through litigation in 1957 with case # 7120 (see 3) Armstrong Cork Company vs. Silcox and Thomason. The Judge states that “the court is of the opinion that plaintiff has failed to establish by a preponderance of the evidence, as was its burden, the correctness of the line relied upon – the Cook survey- rather than the line contended for by the defendants- the Edwards survey”(see page 5 – final decree). The Plaintiff petitioned for a rehearing of the cause, “and prays that the court will designate another surveyor or surveyors to revisit the SW corner of 14 (SE corner of 15) to “take the necessary technical steps to fix the north and south lines based on that corner, which is established by all of the testimony as being correct ”(see page 6). The motion for a rehearing was denied, and the problem continues for other generations as a result.
The transcript from the above referenced case was filed in 1958 in Walton County, and became part of a review with the Court of Appeals of the First Appellate District of Florida in 1958. A Mandate issued on Oct. 9, 1959 upheld the original ruling and the corner established by Garland Edwards is supported as part of the ruling in Chancery vol. 13 page 306. The transcript of the case contains testimony that reveals neither plaintiff nor defendant had recovered the proper corner location.
The surveyor for the plaintiff ACC is J.W. Cook. Cook testifies that he “established” the section line between sections 10, 11, 14 and 15 (see page 12). The surveyor for the defendants is Garland Edwards, who is also identified as the County Surveyor (see pg. 33). Edwards testifies that he “ ran on the meridian line between two proven points. This area in here was laid out on a variation of 3 degrees”. He states “the government field notes called for 6 degrees 10 minutes or 6 degrees 20 minutes. That is approximately 3 degrees”(see pg. 37). Edwards testifies that he has “proven every corner in Section 15” (see pg. 40). Edwards testifies that Section 15 was “surveyed by Stephens and accepted by the county as official”(see pg. 42). He continues to identify the Plan of the Town of Freeport, as surveyed and platted by W.J. Stephens, Deputy U.S. Surveyor (see pg 43). Edwards testifies “I ran from the ½ mile post on the north line of 15 2640 feet east on a true latitudinal line as I found it, which is a variation of 3 degrees east. I found the section corner and proved it…” (see pg. 43) He states “ I orient my instrument to the north-south meridian which in this case was a north 3 degree east on the needle” (see pg. 51) and “I ran from the north 87 degree east on the needle” (see pg. 54) and “north 87 east magnetic” (see pg. 56), and “I started at the middle point of the north line of 15 and ran east 87 degrees north…” (see pg. 68).
John Sims is introduced as a witness for the plaintiff, and is identified as a civil engineer and registered surveyor hired by ACC to check both corners in dispute (see pgs. 89- 90). Sims testifies that “looking around we did not find anything other than the two corners and one old squared lightwood stake that was so far off that we discounted it” (see pg. 93). Because ACC was unable to prove the correct corner location, the other corner location (established by Garland Edwards going the wrong direction) was upheld, even though it was not proven to be correct either. This ruling helped perpetuate the ripple effect that seems to be involved with this current litigation. The points identified in the ACC case are important to the defendant’s current case in several ways.
1. It shows a significant difference between 2 corner locations placed, not retraced by the surveyors involved.
2. Garland Edwards –Walton County Surveyor- testifies that he has proven every corner in Section 15. Mr. Odom may be using one of Edwards corners.
3. Garland Edwards testifies several times that he used a north 3 degree east bearing from the middle point of the north line of 15 and travelling east to establish his NE corner of 15. He should have been travelling southeast to retrace the original BLM steps, and was clearly going the wrong direction when compared to the bearings identified with the 1826 survey of the township. If Edwards went the wrong direction to establish the NE corner of 15, it’s a real possibility that he took the wrong direction to establish the NW corner, the SE corner, and the SW corner of 15 – which happens to be the corner at issue in this current litigation.
4. Garland Edwards testifies to the validity of the Plan of the Town of Freeport, as surveyed and platted by W.J. Stephens, Deputy U.S. Surveyor. Research has shown that Stephens was approved to do work as a Deputy U.S. Surveyor, and was offered a job once by the Federal Government. Stephens requested more money to be able to do the job, and was denied the request. He was never offered another opportunity to work for the Government, and had no right to ever sign any document in an official capacity unless requested by the Federal Government. In 1901, he drafts a plat of existing boundaries within section 15. The original unsigned cloth survey is housed with the Tax Appraiser’s office in the “Unrecorded plats” file. Unrecorded plats, according to the tax appraiser’s office, are document, plats, and surveys that do not meet the criteria to be filed as an official document. Somehow, this document became “Official” because you can obtain copies of it at the Walton County Clerk of Courts office. The version at the Clerk of Courts office differs from the original in that it is signed ”W.J. Stephens U.S. Duputy Surveyor”. The tax appraiser Patrick Pilcher, had another version hanging on the wall in his office, which was on loan from a friend. This version is signed (in different handwriting) W.J. Stephens U.S. Deputy Surveyor. This document in its various versions, does not give measurements to the locate or confirm any of the corners of Section 15, but has become heavily relied upon by landowners and surveyors - to include the Walton County Surveyor, Garland Edwards.
5. John Sims testifies that when checking the area “We did not find anything other than the two corners and one old squared lightwood stake that was so far off that we discounted it”. There is a good chance the lightwood stake was an original BLM corner. These are the same types of measurement discrepancies that occur in other parts of the township, and the monumentation that is ignored or discounted over time because they are so far off from corners that are established, and not retraced by surveyors.
Several attempts to locate files, surveys, and any information on work done by the Walton County Surveyors office have been made. There is no record or knowledge of the past surveyors anywhere to be found. We are especially interested in work done by S.K. Miller and Garland Edwards, since their work includes lands and establishing corners in Freeport, according to the few public records that have been found (see 1 and 2 case #7120).
1. Plat bk. 2 pg. 5 - 1926 Grantham Subdivision / Walton Heights by S.K. Miller – Walton County Surveyor
2. Deed bk 121 pg 257 1952 McCaskill to Jane Simmons – N ½ of NE ¼ of NE ¼ of Sec. 15
3. Entire case #7120 Armstrong Cork Company vs. Wilson Silcox and Max Thomason, from 1957-1959
THE NW CORNER OF SECTION 27
The current location used as the NW corner of Section 27 is a concrete monument that was placed with ACC - Cook survey work in 1953 and 1954. The original 1826 survey identifies the land area at the corner as Government Lot 7, with measurements of 3.50 chains (231’) from the corner location east to the waters edge (the north line) and 2.75 chains (181.5’) from the corner location south to the waters edge (the west line). The land mass of the original tract is identified as .46 acres, and the profile is triangular in shape.
A survey done in 1943 of Bayou Lagrange subdivision –plat bk 2 page 34, identifies the north section line measurement as 655’ representing a difference of 424’ compared to the original BLM survey. A measurement taken off of the adjoining property – OR book 481 page 277 to the west gives a measurement of 610’ on the west line that was originally surveyed as 181.5’, representing a difference of about 428.5’ compared to the original BLM survey. The current report on the Walton County Tax Appraiser’s website identifies the current land mass of Government Lot 7 as 5.968 Acres, which is a significant difference compared to the original .46 acre parcel.
This confusion is evidenced by deeds on two properties located immediately west and south from this same corner. The properties are identified as located in the NE ¼ of section 28, and use the same common corner as NW corner of Section 27. OR book 481 page 277 gives a surveyors measurement of 871.97’ to the mean high water line. The adjoining property identified in Plat book 7 page 8A of LaGrange Shores subdivision has a surveyor’s cumulative measurement of 972.03’ on the same line.
The South 1/2 of Section 22 east of Four Mile Creek – Gov. Lots 5 & 6
The area has grown by 27.22 acres and moved north by at least 440 feet
On Nov. 2.1854, patent #26030 was issued by the BLM via a military warrant recorded in Vol. 82 pg. 140 to Iona Griffin and passed to Henry Yonge for 15975/100th acres identified as Government Lot 6 in Sec. 22T l S R l9 W. On May 1,1855, patent #11599 was issued by the BLM to Henry Yonge for 53 acres identified at Government Lot 5 in Sec. 22T l S R l9 W. The total acreage for Gov. lots 5 and 6 totaled 212 and 75/100th . The profile of the terrain and shoreline are shown on the BLM plat of T1S R19W for the bottom of Sec. 22 Government lots 5 and 6. The field measurement recorded by the BLM for the south line of Sec.22 is 32.l0 chains, or 2112.66 feet. The BLM normally monumented all 1 mile corners and ½ mile points within the TRS grids surveyed. The BLM did not place a ½ mile post on the south line of Sec.22 because the post would have been located at the water's edge or in the water, and is evidenced on the BLM plat of T1S R19W. The line dividing the SE ¼ from the SW ¼ in Sec. 22 ended at thewaterline, and a ½ mile post was not placed along the south line of Sec. 22.
On July 6th, 1885, a tax deed (1) was sold by Walton County to Michael King for unpaid taxes on the SE ¼ of Sec. 22 and the E ½ of the SW ¼ of Sec. 22 TIS Rl9W. The total acreage identified on the deed is for 240 acres. No reference to the two original descriptions from the BLM patents is given on the tax deed. The land mass identified on the tax deed as 240 acres does not match the BLM's total of 212 &75/100th . The differences between the tax deed compared to the BLM plat & patents indicate that the north line of the SE and SW quarter sections would be relocated either too far north at 240 acres. In tracing the chain of title forward from the tax deed sold by Walton County, the field measurement for the south line of Sec. 22 is currently identified as about 3388 feet long. This measurement does not match the BLM's original measurement of 2112.66, and reflects a difference of about 1275.34 feet. Subsequent land owners to the Tax Deed sold are using a ½ mile point on the south line of Sec.22 that is located over 440 feet north of the water's edge. If the BLM had placed a post, it would have been close to the proximity of the water’s edge, not 440 feet north. However, the BLM did not place a post. At this time, lands originally identified by the BLM plat and patents issued located in Sec. 22, are currently identified in Sec. 27
1. Deed bk 2 pg 199 tax deed to Michael King SE ¼ & E ½ of SW ¼ in Sec. 22 for 240 acres
The NE Corner of Section 27- east of Four Mile Creek Govt. Lot 1
The field measurement recorded by the BLM for the north line of Sec.27 is 32.l0 chains, or 2112.66 feet. The BLM did not place a ½ mile post on the north line of the section, since the line ended at the water’s edge at 2112.66 feet, which is 527.34 short of the ½ mile location. At this time, land originally identified by the BLM plat and patents issued located in Sec. 22, is currently identified in Sec. 27
Needs to be finshed and indexed for Section 27
OR bk 16 pg 302 1972 Madden to Godwin Begin 2415’ n of the se c of Lot 1, run w 198’, n to the n line of lot 1, e 198’ to ne/c of said lot, s to the POB
OR bk 2680 pg 2150 2005 Godwin to Watson Land – Parcel 1: Begin 2415’ n of the se c of Lot 1, run w 198’, n to the n line of lot 1, e 198’ to ne/c of said lot, s to the POB
Parcel 2: Begin at an iron pin 3 chains (198’) w of the ne corner of Lot 1, sec 27, then w 420, then s 420, then e 420, then n 420 to the POB
COM 1995 FT N OF THE SE/C OF LOT 1 OF SEC 27-1S-19W THENCE W 210FT THENCE N 420FT THENCE E 210FT THENCE S 420FT TO THE POB (CONT 2AC M OR L) *LESS: ROW OR 2682-4767 OR 2768-224
OR bk 2795 pg 3279 2008 Griffee/Watson to St. of Flor.- a parcel of land being in Gov Lot 6, sec 22, and including a portion of Lots 89 and 90, Paradise Subdivision, an unrecorded subdivision being in said Gov. Lot 6 described as follows: Commence at a 4”x4” concrete monument (no ID) marking the se corner of said Sec 22, then n 86 deg 14 min 59 sec w 1,010.13’ along the south line of sec 22 to the centerline of survey of ST. RD 83 (US 331), as shown on FDOT ROW map FP 2206791, then n 18 deg 52 min 15 sec e 1,317.54’ along said centerline of survey, then departing said centerline, run n 71 deg 07 min 45 sec w 60’ to an intersection of the existing w ROW line of St Rd 83 with the existing nly ROW line of an unnamed county rd, as shown on said ROW map, and POB, then n 85 deg 12 min 55 sec w 98.98’ along said existing nly ROW line of an unnamed road, then departing said nly ROW line, run n 18 deg 52 min 15 sec e 53.02’ then n 20 deg 12 min 05 sec e 86.13’ to a point on a non-tangent curve to the right (concave sely) then (from a tangent bearing of n 18 deg 52 min 15 sec e) nely along said curve, having a radius of 23,028.32 feet, for a distance of 110.07’ through a central angle of 00 deg 16 sec 26 min to the sly line of that certain property as described in OR bk 189 pg 59, and end of curve, then s 71 deg 06 sec 32 min e 93.74’ along said sly property line and/ or the ely extension thereof to said existing wly ROW line of ST RD 83, then s 18 deg 52 min 15 sec w 225.08’ along said wly ROW line to POB for .515 acres
OR bk 2705 pg 3452 2006 to Rampar COM AT A POINT ON THE N LINE OF SEC 27-1S-19W 618FT W OF THE NE/C THENCE W ALONG THE SEC LINE TO THE E BDY OF ST RD #83 THENCE S 18 DEG W ALONG SAID RD 752.40FT M OR L TO A POINT 210FT N OF THE WATER'S EDGE OF RAMSEY BRANCH THENCE S 73 DEG E 210FT THENCE S 17 DEG W 210FT M OR L TO THE WATER'S EDGE OF RAMSEY BRANCH THENCE IN A NELY & ELY DIRECTION ALONG THE WATER'S EDGE OF SAID BRANCH TO A POINT DIRECTLY N OF AN OLD POST LOCATED 525FT W OF THE E LINE OF LOT 1, 686FT S OF THE N LINE OF LOT 1 THENCE S 84FT M OR L FROM SAID POST THENCE E 315FT THENCE N 350FT M OR L TO A POINT WHICH IS 420FT S OF THE N LINE OF LOT 1 & 210FT W OF THE E LINE OF LOT 1 THENCE W 420FT PARALLEL TO THE N LINE OF LOT 1 THENCE N 420FT M OR L TO POB
**MORE PARTICULARLY DESC PER SURVEY BY GULFCOAST SURVEYORS DATED 12-05-05 PROJECT NO. 05-930 AS FOLLOWS: COM AT THE NE/C OF SEC 27 1S-19W THENCE S 01 DEG 32'08"E ALONG THE ELY LINE OF SAID SEC 350.24FT TO A 4"X4" CONCRETE MONUMENT THENCE DEPARTING SAID E LINE RUN N 86 DEG 06'28"W 198.10FT TO A 1/2" IRON ROD (NO #) THENCE N 86 DEG 11'42"W 11.98FT TO A 1/2" IRON ROD (NO #) THENCE S 01 DEG 12'41"E 70.20FT TO A 1/2" IRON ROD (NO #) & THE POB THENCE N 86 DEG 14'25"W 408FT TO A 1/2" IRON ROD (LB 7396) THENCE N 01 DEG 28'58"W 420FT TO A 1/2" IRON ROD (LB 7396) THENCE N 86 DEG 17'09"W 341.03FT TO A 4"X4" CONCRETE MONUMENT (NO #) ON THE ELY ROW LINE OF ST RD #83 (AKA US HWY #331 100FT ROW) THENCE S 18 DEG 00'00"W ALONG SAID ELY ROW 755.23FT THENCE DEPARTING SAID ROW GO S 70 DEG 57'55"E 200FT TO A 4" IRON PIPE (NO #) THENCE S 17 DEG 00'00"W 209.31FT M OR L TO THE APPROXIMATE WATER'S EDGE OF RAMSEY BRANCH THENCE MEANDER ALONG SAID APPROXIMATE WATER'S EDGE THE FOLLOWING COURSES: NELY 811FT, SELY 28.64FT, SWLY 178FT, SELY 327FT M OR L TO A POINT THAT LIES S 01 DEG 39' 13"E FROM THE POB THENCE DEPARTING SAID WATER'S EDGE GO N 01 DEG 39'13"W 308.60FT M OR L TO THE POB (CONT 11.36AC M OR L) OR 2705-3452
COM 964 FT W OF SE COR SEC 22, N-ELY 34.5 FT FOR BEG, N-ELY 200 FT, RUN E 150 FT, S 200 FT, W TO BEG OR 19-258 ALSO COM AT SE/C, RUN S 89 DEG 45'W 1088.8 FT TO E R/W ST RD 83, RUN N 18 DEG 01'E 232.5 FT TO POB, CONT N 18 DEG 01'E 50 FT, N 89 DEG 45'E 250 FT, S 18 DEG 01'W 282.5 FT, S 89 DEG 45'W 100 FT, N 18 DEG 01'E 32.5 FT, N 18 DEG 01'E 200 FT, S 89 DEG 45'W 150 FT TO POB OR 694-271 ALSO COM SE/C, GO S 89 DEG 45'W 1088.8 FT TO E R/W SR 83 & POB, N 18 DEG 01'E 32.5 FT, N 89 DEG 45'E 150 FT, S 18 DEG 01'W 32.5 FT, S 89 DEG 45'W 150 FT TO POB OR 694-270
OR bk 2803 pg 1995 and OR bk 2808 pg 2415 2008 & 2009 Shortridge/331 Marina and State of Florida – Commence at the NE corner of Gov Lot 1 of sec 27 and run S 89 deg 45 min 99 sec w along the n line of Gov. Lot 1 1088.8’ to the centerline of St Rd 83 (US 331) then s 18 deg 01 min 00 sec w along said centerline 619.33’, then departing said centerline, run n 79 deg 52 min 40 sec w 60.59’ to a point on the wly ROW line of rd, then s 18 deg 01 min 00 sec w 184.65’ along said ROW line 151.58’ to an iron pipe near the waters edge of Ramsey branch, then s 75 deg 47 min 22 sec w along said branch 197.18’ to an iron rod the n 02 deg 36 min 40 sec w 205.00’ to an iron rod in a fence line, then s 87 deg 04 min 41 sec e along said fence line 247.72’ to the POB for 0.87 acre
Lying ely of and within 90’ of the centerline of construction of St Rd 83 (US 331) as shown on FDOT ROW Map #2206791, said centerline of construction to be described as follows: Commence at a 4”x 4” concrete monument stamped “ACC” marking the sw corner of Gov Lot 1, sec 27, then s 88 deg 59 min 28 sec e 837.29’ along the south line of said Gov Lot 1 to POB of centerline of construction to be described herein: being a point on a nontangent curve to the right (concave ely), then (from a tangent bearing of n 05 deg 37 min 22 sec e) nly along said curve, having a radius of 5,773.65’ for a distance of 1,334.99’ through a central angle of 13 deg. 14 min 53 sec to end of curve, then n 18 deg 52 min 15 sec e 1,477.24’ to the end of centerline of construction herein described; thence for purpose of reference only, run s 86 deg 14 min 59 sec e 1,010.13’ to a 4 inch by 4 inch concrete monument (no ID) marking the ne corner of said Gov Lot 1, Sec. 27 containing 12,264 sq. feet in sec 27 exclusive of area within existing St. Rd. 83 (US 331) ROW, as shown on FDOT ROW map #2206791
COMMON CORNER OF SE-9, SW-10, NE-16, NW-15
10
This section corner has been identified at two different locations, with @ 310’-313’ distance between the 2 corners. The current common corner that is used to identify the NW corner of section 15, would appear to be the north corner of the 310’ call listed on (A) and the 3 acres once identified in the SW ¼ of SW ¼ of sec 10 currently appear to be identified in the NW ¼ of NW1/4 of 15. The measurements of (A) seem to follow similar measurements of current deeds in NWC of sec. 15. Parts of the land identified in (B) is also currently identified by deeds as being in sec. 15. To make the visual simple, the focus here is on the comparison of deeds and measurements in the immediate area of the common corner, and not the multitude of problems that have been found with the ¼ of ¼ sections in Sec. 15 to the east.
Current deeds in Sec. 10 (1-8) are all using the same SW corner location. An angle of n 81 deg 30’34”E is given from the corner @ 341’ for POB or start point for referencing other POB locations on all 5 deeds.
Current deeds in Sec. 15 (9-11) are all using the same NW corner location, which is identified as @ 446’ north of Hwy. 20. This location is close to 310’ further north than the SW corner of Sec. 10 location on the previous deeds mentioned. This is shown when you compare the measurements on the common boundary between (1) and (11), which is 263.08’ & 264’. The angle projected from the SW corner of Sec. 10 (supported by 1-8) brings you up to the north line location of section 15 according to (9-11) Almost all of the deeds mentioned in both sections were sold by the same landowner (8) is the exception, but has been included since it uses the same SW corner location.
There is another interesting difference occurring when you compare the deed measurements on (7) against the measurements shown for the Stone Creek subdivision that is identified on (8) as filed in Plat bk 18 pg 40, and surveyed by Emerald Coast Ass. The measurement on the west line of 10 mentioned in (7) is 848’ and the same line measurement on the ECA survey is 913.95’ It is also unclear whether ECA found existing monumentation for the section corner or placed monumentation, because I was unable to find the reference symbol shown as the corner in the survey legend. There is no mention of any of the adjoining property owners boundaries,(which would point ECA to the SW corner of 10) and there are no signs of existing monumentation being used (which are in place when you read the adjoining property owners current deeds). In fact, it seems that monuments were placed everywhere by ECA.
REFERENCES
(A) Deed bk 22 pg 55 1904 Williams to Davis - SW corner of Section 10 310’north, 510’ east illegible (possibly 310’) swly to line, west 395’ About 3 acres
(B) Deed bk 15 pg 453 1903 Monroe to Davis - begin 395’ e of sw c of sec 10 go e to se c of se ¼ to se ¼ in 10 n 695’ w 1953, thence to start point for 36 acres
Section 10
(1) COM SW/C OF SEC 10, N 81 DEG 30'34"E 340.78FT FOR POB, S 44 DEG 36'14"E 263.08FT, N 69 DEG 47'28"E 91.12FT, N 19 DEG 59'43"W 197.16FT, S 81 DEG 31'34"W TO POB OR 643-208 OR 2643-1509
(2) THAT PART OF SW4 OF SEC 10, & NW4 OF SEC 15 AS FOLLOWS: COM @ SW/C OF SEC 10, N 81 DEG 30'34"E 341FT, S 44 DEG 32'29" E 263FT, N 66 DEG 05'44"E 84.68FT TO POB; FROM POB N 07 DEG 25'16"W 197.05FT, N 42 DEG 55'22"W 217.59FT, N 48 DEG 03'58"E 377.32FT, S 72 DEG 08'32"E 136.43FT, S 09 DEG 11'48"W 479.10FT, S 66 DEG 05'44"W 221.42FT TO POB *LESS & EXCEPT: PART OF SW4 OF SEC 10 & NW4 OF SEC 15 AS FOLLOWS:COM @ SW/C; N 81 DEG 30'34"E 341FT, S 44 DEG 32'29"E 263FT, N 66 DEG 05'44" E 84.68FT, N 07 DEG 25'16"W 197.05FT, N 42 DEG 55'22"W 117.59FT FOR POB; N 42 DEG 55'22"W 100FT, N 48 DEG 03'58"E 377.32FT, S 72 DEG 08'32"E 100FT, S 48 DEG 03'58" W 408FT M OR L TO POB OR 1859-373 OR 2511-1300 OR2768-2020
(3) COM SW/C SEC 10, RUN S 81 DEG 16'58"E 340.82 FT, S 44 DEG 53'08"E 263 FT TO N R/W OF PAVED CO RD, N 65 DEG 12'11"E 311.87 FT TO POB, N 66 DEG 05' 44"E 157.20 FT, N 16 DEG 59' 09"W 235.86 FT, S 73 DEG 11' 44"W 121.15 FT, S 09 DEG 11' 48"E 257.55 FT TO POB OR 805-196 OR 2792-3115
(4) PART OF SW4 OF SEC 10 & NW1/4 OF SEC 15 AS FOLLOWS: COM SW/C OF SEC 10 N 81 DEG 30'34"E 341FT, S 44 DEG 32'29"E 263FT, N 66 DEG 05'44"E 84.68FT, N 07 DEG 25'16"W 197.05FT, N 42 DEG 55'22"W 117.59FT FOR A POB CONT N 42 DEG 55'22"W 100FT, N 48 DEG 03'58"E 377.32FT, S 72 DEG 08'32"E 100FT, S 48 DEG 03'58"W 408FT M OR L TO POB OR 1859-375 OR 2622-2611 OR 2628-667 OR 2643-2792 OR 2664-3794
(5) COM AT SW/C SEC 10 RUN N 81 DEG 30'34"E 341FT, S 44 DEG 32'39"E 263FT, N 66 DEG 05' 44"E 306.10FT TO POB, CONT N 66 DEG 05'44"E 493.90FT TO A CONCRETE MONUMENT LYING ON THE LINE BETWEEN SAID SECS 10 & 15 THENCE CONT N 81 DEG 30'34"E 126.60FT, N 71 DEG 35'24"W 91.91FT, N 75 DEG 56'37"W 200FT, N 63 DEG 26'22"W 200FT, N 59 DEG 39'17"W 175FT, N 72 DEG 08'32"W 47FT TO A CONCRETE MONUMENT LYING S OF THE PUBLIC RD LEADING FROM GARRETT'S MILL TO LAFAYTTE'S BRIDGE AS NOW EXISTS, S 09 DEG 11'48"E 479.10FT TO POB *LESS: COM AT THE SW/C SEC 10 RUN S 81 DEG 16'58"E 340.82FT, S 44 DEG 53'08"E 263FT TO N ROW OF A PAVED CO RD, N 65 DEG 12'11"E 311.87FT TO POB, N 66 DEG 05'44"E 157.20FT, N 16 DEG 59'09"W 235.86FT, S 73 DEG 11'44"W 121.15FT, S 09 DEG 11'48"E 257.55FT TO POB OR 790-243
(6) COM AT SW/C SEC 10 RUN N 81 DEG 30'34"E 341FT, S 44 DEG 32'39"E 263FT, N 66 DEG 05' 44"E 306.10FT TO POB, CONT N 66 DEG 05'44"E 493.90FT TO A CONCRETE MONUMENT LYING ON THE LINE BETWEEN SAID SECS 10 & 15 THENCE CONT N 81 DEG 30'34"E 126.60FT, N 71 DEG 35'24"W 91.91FT, N 75 DEG 56'37"W 200FT, N 63 DEG 26'22"W 200FT, N 59 DEG 39'17"W 175FT, N 72 DEG 08'32"W 47FT TO A CONCRETE MONUMENT LYING S OF THE PUBLIC RD LEADING FROM GARRETT'S MILL TO LAFAYTTE'S BRIDGE AS NOW EXISTS, S 09 DEG 11'48"E 479.10FT TO POB *LESS: COM AT THE SW/C SEC 10 RUN S 81 DEG 16'58"E 340.82FT, S 44 DEG 53'08"E 263FT TO N ROW OF A PAVED CO RD, N 65 DEG 12'11"E 311.87FT TO POB, N 66 DEG 05'44"E 157.20FT, N 16 DEG 59'09"W 235.86FT, S 73 DEG 11'44"W 121.15FT, S 09 DEG 11'48"E 257.55FT TO POB OR 790-243
(7) BEGIN @ THE SW/C OF SEC 10, RUN N 81 DEG 30'34"E ALONG S LINE OF SAID SEC 10 A DIST OF 545.86FT; THENCE DEPARTING SAID LINE RUN N 52 DEG 51'43"W 217.70FT; THENCE RUN N 38 DEG 08'24"E 377.39FT; THENCE RUN N 72 DEG 09'31"W 90.75FT, THENCE RUN N 63 DEG 20'26"W 245.00FT; THENCE RUN N 67 DEG 51'46"W 300.00FT; THENCE RUN N 57 DEG 42'57"W 151.58FT TO THE W LINE OF SEC 10; THENCE RUN S 07 DEG 35'14"E ALONG SAID W LINE 848.02FT TO THE POB *SUBJECT TO A 40FT EASEMENT FOR EGRESS & INGRESS & UTILITY PURPOSES* OR 1894-435 OR 2103-427 &-428 &-429 OR 2537-1192
(8) SW1/4 OF SW1/4 N OF PUBLIC RD LEADING FROM GARRETT MILL TO LAFAYETTE BRIDGE + W 135 FT OF SE1/4 OF SW1/4 OR 1492-153 OR 1724-398 OR 2387-1070 OR 2387-1072 OR 2399-1941 OR 2423-620 LESS: STONE CREEK S/D (23150) PB 18 PG 40
Section 15
(9) THAT PART OF THE NW1/4 OF THE NW1/4 OF SEC 15-1S-19W LYING N OF ST RD #20 & W OF A GRADED PUBLIC RD AS NOW EXITS MORE PARTICULARLY DESC AS FOLLOWS: COM AT THE NW/C OF SAID SEC 15 AS THE POB THENCE S 37 DEG 31' 03"E 424.65FT TO A POINT ON THE W ROW LINE OF SAID PUBLIC RD THENCE S 63 DEG 49'22"W ALONG SAID ROW LINE 270.33FT TO A POINT ON THE N ROW LINE OF ST RD #20 THENCE N 66 DEG 47'08"W ALONG SAID N ROW LINE 25.20FT TO A POINT ON THE W LINE OF SAID NW1/4 OF THE NW1/4 THENCE N 00 DEG 55'07"E ALONG SAID W LINE 446.20FT TO THE POB OR 731-204 OR 2695-4359 OR 2748-4299
(10) COM NW COR SEC, S 37 DEG 30 MIN E 426.65 FT, N 64 DEG 56 MIN E 130 FT, N 42 DEG 33 MIN W 369.1 FT, N 86 DEG 40 MIN W 124.75 FT TO BEG OR 60 P 1557 OR 2686-3788
(11) COM 124FT E OF NW/C OF NW1/4 OF NW1/4 RUN E 216FT, SELY 264FT TO COUNTY RD, SWLY 130FT RUN NWLY 372FT TO THE POB IN SEC 15-1S-19W OR 1273-104 OR 1784-384 OR 2239-152 OR 2744-3354
COM 350.12FT N OF SE/C OF W1/2 OF SE1/4 OF SW1/4 OF SEC 10; N 88 DEG 23'04"W 331.82FT TO POB; S 07 DEG 50'07"W 146.60FT S 01 DEG 29'13"E 204.52FT, N 88 DEG 23'04"W 180.19FT, N 00 DEG 45'11"E 352.09FT, S 87 DEG 45'08"E 190.32FT TO POB OR 2528-448 OR 2611-4621 *LESS COM 350.12 FT N OF SE/COR OF W1/2 OF SE1/4 OF SW1/4,N 88DEG 23'04"W 331.82 FT TO POB,S 07 DEG 50'07"W 112.91 FT,N 88 DEG 23'04"W 176.35 FT,N 00 DEG 45' 11"E 114.36 FT,S 87 DEG 45'08" E 190.32 FT TO POB. OR 2644- 3875
Deed bk 40 pg 388 1895 Monroe to McLean - land s of branch in nw ¼ of nw ¼ of 15 for 28 acres
Deed bk 40 pg 389 1914 McLean to 1st Nat. Bank – Same as above
Deed bk 41 pg 543 1895 Monroe to McLean - land s of branch in nw ¼ of nw ¼ of 15 for 28 acres witnesses are Morris and McCaskill
Deed bk 48 pg 24 1916 1st Nat. Bank to McCaskill –same as above
Deed bk 58 pg 433 1917 McCaskill to Hatcher – the nw ¼ of nw ¼ south of the branch for 28 acres
Deed bk 58 pg 463 1921 Hatcher to Hatcher – beg at ne c of nw ¼ of nw ¼, run w 8 chns to POB then n 8 chns on 2 deg w then w 146 yds (438), or to branch on 2 deg s , then s down run of branch to c of 40 then e 12 chains on 2 deg n or to POB for 9 acres
Deed bk 61 pg 25 1923 Hatcher to Morris – all of the nw ¼ of nw ¼ south of branch that runs thru same, except a lot of 9 acres described as beg at se c of nw ¼ of nw ¼ run w 8 chns to POB then n 8 chns on 2 deg w, then w 147 yds or to branch on 2 deg s then s down branch to c of 40, then e 12 chns on 2 deg n to POB, leaving 19 acres
Deed bk 62 pg 320 1923 Stanley to McLean - sw ¼ of sw ¼ of sec 10 s of road for 7 acres and nw ¼ of nw ¼ north of branch for 12 acres
Deed bk 78 pg 59 1935 Hatcher to Brown – beg at se c of nw ¼ of nw ¼ run w 8 chs to POB run n 8 chns on 2 deg w, then w 146 (438’) or to branch on 2 deg s then s down branch to c of 40, then e 12 chains (792’) on 2 deg n or to POB for 9 acres EXCEPT beg at se c of nw ¼ of nw ¼ run w 8 chns, then n 5 chns on 2 deg w to POB then n 3 chns on 2 deg w then w on 3 deg s 146 yds or to run of branch then s 60 yds or down run of branch, then e to POB for 2 acres. South line to be changed if not correct, so as to make 2 acres. Land conveyed is for 7 acres.
Deed bk 78 pg 172 1935 Cauley to Hatcher – beg at sw c of nw ¼ of nw ¼ run n on land line 261 yds (783’) to s side of hwy #10, line running e down line 125 yds (375’) to run of branch 2 261 yds down run of branch to land line, w on line 39 yds (117’) to POB, all being s of hwy 10 and w and n of branch
Deed bk 82 pg 160 1938 McCaskill to McCaskill – all of that portion lying north of State Hwy 10 of the following described property: all of the nw ¼ of the nw ¼ of Sec 15, south of branch that run through same, except and reserving therefrom a lot of 9 acres more or less described as follows: Begin at the SE corner of the nw ¼ of nw ¼ and run w 8 chains (548’) to POB, then n 8 chains (548’) on 2 deg w, then w 146 yards (438’) or to the branch on 2 deg s, then s down the run of branch to corner of 40, then e 12 chains (792’) on 2 deg n to the POB
Deed bk 81 pg 101 1941 Hatcher to Kelly – beg at sw c of nw ¼ of nw ¼, run n on land line 261 yds to s side of hwy 10, run e down line 125 yds to run of branch, s 261 yds down run of branch to land line, w on line 39 yds to POB, all s of hwy 10 and w and n of branch
Deed bk 82 pg 161 1938 McCaskill to Blakkestad – begin at the point where the northern boundary line of the ROW of state highway 10 intersects the line dividing the nw ¼ of nw ¼ from the ne ¼ of nw ¼ of sec 15 in sec 15, and run thence wstly along said ROW line a distance of 450’ then n on 2 deg w to branch, thence easterly along the run of said branch to the point where branch is intersected by the line dividing the nw ¼ of nw ¼ from the ne 1.4 or nw ¼ thereof, thence s on 2 deg e to POB, being 10 acres
Deed bk 83 pg 372 Blakkestad to Sellers – same as above
Deed bk 85 pg 488 1941 Sellers to McCaskill – same as above
Deed bk 85 pg 489 1941 Blakkestad to McCaskill –same as above
Deed bk 88 pg 163 1943 McCaskill to Stille - begin at point where N. boundary line of ROW of St. rd. 10 intersects the line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ in sec. 15, run wstly along ROW 450’ then n on 2 deg w to branch then estly along run of branch to a point where branch intersects by line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ thereof, then s on 2 deg e to POB for 10 acres in nw ¼ of nw ¼
Deed bk 88 pg 344 1943 McCaskill to Stille – same as bk 88 pg 163
Deed bk 102 pg 85 1946 Articles of Agreement Stille to Gillis – begin at point where N. boundary line of ROW of St. rd. 10 intersects the line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ in sec. 15, run wstly along ROW 450’ then n on 2 deg w to branch then estly along run of branch to a point where branch intersects by line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ thereof, then s on 2 deg e to POB for 10 acres in nw ¼ of nw ¼
Deed bk 111 pg 593 1948 QCD Gillis to Stille – same as bk 102 pg 85
Deed bk 111 pg 590 1948 Still to Laird - begin at point where N. boundary line of ROW of St. rd. 10 intersects the line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ in sec. 15, run wstly along ROW 450’ then n on 2 deg w to branch then estly along run of branch to a point where branch intersects by line dividing the nw ¼ of nw ¼ from ne ¼ of nw ¼ thereof, then s on 2 deg e to POB for 10 acres in nw ¼ of nw ¼
Deed bk 120- pg 105 1951 Cauley to Davis - QCD SW¼ of SW¼, south of the road in section 10, about 7 ac and all the part of NW ¼ of NW ¼ north of the branch in sec 15, containing 12 ac
Deed bk 135 pg 136 1955 Davis to Hurst – 7 acres in 10
Deed bk 135 pg 377 1951 Davis to Caswell – commence nw c sec 15, run 1 deg along sec. line 446.2’ to st. rd. 20, then s 63 ½ e 52.6’ to POB, then sely along st rd 360.7’ to branch, then n 46 deg so min e along branch 185.9’, then n 63 ½ deg w 260’ to 33’ graded rd, then swly along graded rd. 187’ to POB in nw ¼ of nw ¼ of nw ¼ sec 15 for 1 acre
Deed bk 136 pg 398 1955 Davis to Melvin – 2.62 Acres in 15
Deed bk 144 pg 25 1956 Davis to Hurst
Deed bk 144 pg 272 1956 Caswell to Caswell - beg at run of branch at se c run w along Hwy 20 180’ ne 170’ se 160’ s along branch 135’ back to POB in nw ¼ of nw ¼ of nw ¼ of 15 for ½ acre
Deed bk 150 pg 17 1957 (1921) Hatcher to Hatcher – beg at se c of nw ¼ of nw ¼ run w 8 chns to POB then n 8 chns on 2 deg w then w 146 yds or to branch on 2 deg s then s down run of branch to c of 40 then e 12 chns on 2 deg n or to POB for 9 acres. Claims to be original certified to bk 58 pg 463, but is different and filed in 1957
Deed bk 151 pg 439 1957 QCD from Adkinson to Still – commence at sw c of ne ¼ of nw ¼ in sec 15, run n along the w line of ne ¼ of nw ¼ 480’ for POB, run e 198’ to driveway the sely along w line of driveway to a point on w boundary line of ROW of 83, 224’ e of a point 380’n of sw c of ne ¼ of nw ¼ then nely along w line ROW of St. rd 83 236’, then nwly 238’ 6” to a point on the w line of the ne ¼ of the nw ¼ 166’ n of the POB then s along the w line 166’ to POB together w all equipment used in the café and filling station. St rd 83 was formerly referred to as St. rd 40
Deed bk 152 pg 249 1957 Davis to Caswell – commence at the nw c of nw ¼ of nw ¼ of sec 15, and run e on section 124’ for POB, then run e on sec. line 216’ then run sely 264’ to county rd, then run in a swly direction on n side of said rd 130’, then run in a nwly direction 372’ to the n sec line and POB, also being 124’e of nw c of sec 15 for 1 ¼ acres
Deed bk 165 pg 304 1957 Davis to Caswell – commence nw c sec 15, run s 1 deg along sec. line 446.2’ to st. rd. 20, then s 63 ½ deg e along st. rd. 52.6’, then n 65 deg 15 min e along e side of graded rd. 167’ to POB, then s 63 ½ deg e 500’ to branch, then nely along branch 89’ then n 24 deg 59 min w along Melvin land 214’ to Axel monument at graded rd, then s 65 deg 15 min w along road 289’ to POB in nw ¼ of nw ¼ of nw ¼ sec 15 for 1 acre
Deed bk 168 – 391 1960 Davis to Caswell - begin at nw c of sec 15, run se 426’ to graded rd. then along graded rd 130’ to Walker Caswell corner, then along W. Caswell line nw 373’ to sec. line, then along sec line 124’ to POB for 1 1/5 acres
Deed bk 175 pg 493 1961 Davis to
Deed bk 177 pg 213 1960 Davis to Caswell – Begin at the nw c of sec 15, then s 37 deg 30 min e 424.65, then n 64 deg 56 min e 130’, then n 42 deg 33 min w 369.1’ to the sec line of said sec 15 then n 86 deg 40 min w 124.75’ to POB for 1 1/5 acre. This deed is given for the purpose of clarifying the description in bk 168 pg 391
Deed bk 216 pg 419 1967 Caswell to Caswell – commence at the nw c of sec 15, then s 1 deg w along the sec line 446.2’ to the n ROW line of St Rd 20, then s 63 deg 30 min e along said ROW 52.6’, then n 65 deg 15 min e along the e side of a graded rd 307’ to POB, then s 32 deg 57 min 54 sec e236.39’ to a branch, then n 54 deg 11 min 02 sec e 104.03’ to the Melvin land, then n 24 deg 59 min w along said Melvin land 134’ then s 65 deg 15 min w 55 feet, then n 24 deg 59 min w 80’ to the ROW of said graded rd, then s 65 deg 15 min w along said ROW 80’ to the POB
Deed bk 225 pg 238 1969 Caswell to Caswell – Begin at the nw c of sec 15, then s 37 deg 30 min e 424.65, then n 64 deg 56 min e 130’, then n 42 deg 33 min w 369.1’ to the sec line of said sec 15 then n 86 deg 40 min w 124.75’ to POB for 1 1/5 acre. Ref bk 177 pg 213
OR bk 17 pg 483 1971 Hurst uses southern SW corner location (sec. 10) to start
OR bk 18 pg 458 1972 Same as above
OR bk 55 pg 316 1974 Same as above
Deed bk 45 pg 343 1914 Monroe to Hatcher - ne ¼ of nw ¼ or n ½ of lot 3 sec 15 except 2 ac to H. Morris, 2 ac in ne c as Oman place, 4 ac to W.E. Jones and 6 ac to Rowden bk 40 pg 29, entire land hereby conveyed being 24 ac
Deed bk 178 pg 77 1961Wesley to Caswell details on sw c of ne ¼ of nw ¼ of sec 15
OR bk 102 pg 370 1976 Melvin to Lett – start at sw c of ne ¼ of nw ¼ in sec 15 run n along section line 1080’ to POB then e 333 ½’ to ROW line of St. rd 40 then w 516 1/2’ to section line then s 240’ to POB
Deed bk 67 pg 381 1910 McLean to Monroe – the nw ¼ of the ne ¼ less 9 acres in the nw c of described land for 31 acres
Deed bk 2 pg 574 1877 Crawford, etc. to Methodist Church – commence 191 yards (573’) west of ne c and 74 yds(222’) s of the north line running s 70 yds, w 70 yds, n 70 yds then to the POB of the sw ¼ of the nw 1/5 of 15 for 1 acre.
Deed bk 87 pg 475 1944 Foster Garrett to Harold Caswell – Commence at ne c of sw ¼ of nw ¼, run then w on quarter section line 50’ then s 210’ then e 50’ to ¼ sec line, then n to ne c of sw ¼ of nw ¼
OR book 87 pg 23 &24 1975 Silcox to Burlison - ne c of 15 s86 deg 45 min w 660’ to POB s 86 deg 45min w 373.97’ s 4 deg 46 min w 24.24’ s 86 deg 45 min w 57/80’ s to ROW of rd s 3 deg 15 min e 106.41’ along e ROW line n 86 deg 45 min e 585.15’ n 3 deg 15 min’ w 330.41’ to POB for 3.64 ac
OR book 88 pg 70 1975 Burlison to Freeport Loan - ne c of 15 s86 deg 45 min w 660’ to POB s 86 deg 45min w 373.97’ s 4 deg 46 min w 24.24’ s 86 deg 45 min w 57/80’ s to ROW of rd s 3 deg 15 min e 106.41’ along e ROW line n 86 deg 45 min e 585.15’ n 3 deg 15 min’ w 330.41’ to POB for 3.64 ac
OR bk 642 pg 333 Nick to Nick and Jones- a track of land beginning at se c of nw ¼ of nw ¼ sec 15, thence running w along s line of said 40 a distance of 294’ for POB, then run w along south line of said 40 a distance of 234’ then run n to s line of state rd 10 (now 20) a distance of 393’, then run in a sely direction along south line of st rd 20 a distance of 264’, then run s a distance of 269’ to POB
OR bk 2809 pg 3566 2009 Jones to CNCW Investment Part. Ltd. – same as OR 2809 pg 3564
SEC. 14 SW CORNER, SEC. 15 SE CORNER
Garland Edwards testifies that there is a concrete monument 25 feet north, and 25 feet west of the true corner location for the SW corner of section 15 ACC vs. Silcox/Thomason (see pg. 39).
Deed bk 69 pg 542 1925 Taylor,etc. to Stewart - begin 14 chains 6 links e of the nw c or the sw ¼ of sw ¼ of sec 14 run e along n line of said 40 3 chains 84 links then s and parallel with w line of 40 20 chains w along s line 3 chains 84 links and n 20 chains to POB
Deed bk 58 pg 355 1921 Legal Heirs of Giles Bowers to Geneva Mill - Begin at the mouth of Pinch Branch and run up said branch to rd. crossing, thence straight across to LaFayette Creek, thence down said Lafayette Creek to Four Mile Creek, thence up said 4 mile Creek to POB in Lot 5
All that portion of Lot 5 lying south of the junction of said 4 Mile Creek and Lafayette Creek’s all the above being in sec. 15
Deed bk 58 pg 369 1921 Legal Heirs of Giles Bowers to Geneva Mill - Begin at the mouth of Pinch Branch and run up said branch to rd. crossing, thence straight across to LaFayette Creek, thence down said Lafayette Creek to Four Mile Creek, thence up said 4 mile Creek to POB
All that portion of Lot 5 lying south of the junction of said 4 Mile Creek and Lafayette Creek’s all the above being in sec. 15
Book 157 pg 48 1958 County Commissioners and Charlie Taylor road – close, abandon, vacate that portion of the road known as the Charlie Taylor road beginning at st. rd. 331 in the sw ¼ of the sw ¼ of sec 14 and extending wstly approx. 150’
Deed bk 112 pg 534 McCullar/Huckaba to Hardee – 210’ e and w by 840’ n and s in se c or se ¼ of sec. 15
HALFWAY POINT OF SECTIONS 15 & 16 N/S LINE
Section 15
Deed bk 7 pg 211 1894 Crawford to McCullough - commence 34 yards from sw c of sw ¼ of sw ¼ of nw ¼ of sec 15 run 99 yds e nwly 104 yds w 88 yds s 108 yds to POB for 2 acres
Deed bk 36 pg 9 1912 McCullough to McGuire & McCaskill - start at se c of ne ¼ of sec 16 run n 210 yds w 70 yds s 210 e70 yds for 3 acres
ALSO com. 34 yards from sw c of sw ¼ of nw ¼ of sec 16 run 44 yds go nwly 104 yds w 88 yds s 108 to POB for 2 acres. Above description includes lot 6 of block 22 according to Stephens map of Freeport done in 1901
Deed bk 44 pg 204 1914 Chancery McCaskill vs Raborn - start at se c of ne ¼ of sec 16 run n 210 yds run w 70 yds run s 210 yds run e 70 yds to POB for 3 acres ALSO com. 34 yards from sw c of sw ¼ of nw ¼ of sec 16 run 44 yds go nwly 104 yds w 88 yds s 108 to POB for 2 acres.
Deed bk 63 pg 44 w 35 yds x s 140 yds ( 105’x420’)
Section 16
Deed bk 19 pg 540 1901 QCD Stanley/McCullough to Bludworth - ne ¼ of se ¼
Reis: S1/2 OF W3/4 OF W1/2 OF SW1/4 OF SE1/4 OR2549-1196 AND S1/2 OF E1/4 OF W1/2 OF SW1/4 OF SE1/4 AND S1/2 OF W1/2 OF E1/2 OF SW1/4 OF SE1/4 AND COM NE/COR SEC 21,N 88 DEG 46' 02"W 1635.38 FT TO POB,N 88 DEG 46'02"W 321.23 FT,S 01 DEG 56'43"W 82.00 FT,S 88 DEG 46' 02"E 321.23 FT,N 01 DEG 56'43" E 82.00 FT TO POB. OR 2674- 4066
THE SE ¼ OF SECTION 15 The bottom 10 acres of the SE ¼ of 15 moves to the top of NE ¼ of SECTION 22. (need to finish research on the 4 acres)
The original 160 acre patent to the SE ¼ of Section 15 is issued to Jason Mathews. Mathews conveys 157 acres to Lewis Jackson 7 years later (2). Jackson sells156 acres, 15 acres to Rutan and 141 to McCaskill (3,4) Daniel Jackson buys and conveys forward 4 acres from McCaskill (5) and still has 10 additional acres is his and his heirs’ possession until 1974 (17, 18,19, 20) The 10 acres is conveyed and described as located at the top of the NE ¼ of Section 22, however Jackson never purchased land in Section 22. It would appear that Jackson fell into a gray area by 10 acres from a northward movement and relocation of the section line by the State of Florida and Walton County. This is the first direct link through public records to an original patent holder we found which substantiates the north migration of section lines within the township. This prompted us to look at potential discrepancies at other corners, and we found them everywhere.
- Deed Bk 33 pg 293 1882 Patent to Jason Mathews SE ¼ of 15 160 acres
- Deed bk 31 pg 401 1889 Mathews to Jackson SE ¼ of 15 for about 157 acres`
- Deed bk 6 pg 348 1892 Jackson to Rutan All that portion of Se ¼ of 15 west of Lafayette creek commencing at corner of post in center of section then east to Fafayette creek thence down the run of creek to land line dividing the SE and SW ¼ of Sec. 15, thence north to starting point embracing 15 acres more or less.
- Deed bk 7 pg 131 1893 Jackson to McCaskill SE ¼ of sec. 15 containing 156 acres less 15 acres on west side of Lafayette creek on right hand side of public road which lead to Lafayette bridge – same being sold to Rutan (bk 6 pg 348)
- Deed bk. 9 pg. 485 1900 McCaskill to Daniel Jackson – 4 acres of what is known as the J. Lewis Jackson place described as follows: Beginning at the SE corner ot SE ¼ of SE ¼ of section 15, and running north 840 feet along the section line dividing 14 and 15, thence west 210 feet then south 840 feet to section line dividing sections 15 and 22, thence along section line east to POB
- Deed Bk. 20 pg 321 1904 McCaskill to McCaskill – all that part south of LaFayette Creek in SE ¼ of 15 except 4 acres in SE corner sold to Dan Jackson 126 Acres
- Deed Bk 25 pg 395 1904 McCaskill to Stanley – that part or parcel of land lying in the SE ¼ of Sec. 15 beginning at a point 10’ south of LaFayette bridge where it now stands thence along creek 140 yards thence south 70 yards thence NE on a line parallel with creek 140 yards thence NW 70 yards to POB about 2 acres
- Deed bk 25 pg 55 1907 McCaskill to McCaskill – the SE ¼ of sec 15 less 30 acres sold to Rutan by Lewis Jackson as records will show, 4 acres sold to Dan Jackson by REL McCaskill as shown by record of deeds, and 2 acres sold to Joe Garrett by Lewis McCaskill as shown by record
- Deed bk 33 page 251 1907 McCaskill to McCaskill Inv. Same desc. As bk 25 pg 55
- Deed bk 40 pg 155 1914 McCaskill to Morris & Stanley Same desc. as bk 25 pg 395
- Deed bk 59 pg 98 1922 Ida Jackson to J.P. Ivey Auto Co. same desc. as bk. 9 pg 485
- Deed bk 66 pg 252 1926 McCullough to Kirkland Begin se c of se ¼ of se ¼ run n 840’ on 3 deg w then w 210’ on 3 deg s s 840’ on 3 deg e and e 210 on 3 deg n to POB for 4 acres
- Deed bk 51 pg 555 1928 McCaskill to George Wilkie / Bayview Tar All that part of the E ½ of the SE ¼ of Sec. 15 that lies south of Lafayette creek except bk 9 pg 485 and bk 25 pg 395 exceptions containing 6 acres
- Deed bk 69 pg 351 McCaskill to McCaskill Investment 14 acres lying east of Lafayette creek in the SE ½ less a tract beginning at the SE corner of the SE ¼ run N 840’ W 210’ S 840’ and E 21 to POB
- Deed bk 70 pg 97 1929 Bayview Tar / Z.D. Adair to George Wilkie same desc. as bk 51 pg 555
- Deed bk 82 pg 186 1938 Ivey to McCullough 210’ e and w by 840’ n and s at se c of se ¼ of sec 15 for 4 acres
- Deed bk 82 pg 310 1938
- Deed bk 82 pg 451 1938 Ivey to McCullough 210’ e and w by 840’ n and s at se c of se ¼ of sec 15 for 4 acres
- Deed Bk 82 pg310 Casey 1938 ½ Interest in E ½ of SE ¼ exc. 2 parcels totaling 6 acres in Sec. 15 (64 acres)
- OR bk 78 pg 615 1974 – Laurice and Richard Hunter to Diocese of St. Augustine
- OR bk 78 1974 pages 616, 618, 620, 622, 624, 626, 628, 630 certification of heirs of Daniel and Ida Jackson
- OR bk 78 pages 615,617, 619, 621, 623, 625, 627, 629 Deeds from heirs of Daniel Jackson to Paul Tanner of the Diocese of St. Augustine with description as follows: Commencing at the NE corner of Sec. 22 run south 00 deg. 14 min. 35 sec. East a distance of 666.33 feet thence run north 89 deg. 17 min. 15 sec. west a distance of 665.02 feet thence run north 00 deg 13 min 24 sec east a distance of 665.75 feet thence run south 89 deg 20 min 00 sec east 659.57 feet to point of beginning
- OR bk 78 pg 631 1974 Affidavit from Mollie Taylor as neighbor of Daniel and Ida Jackson
- OR bk 443 1975 Paul Tanner of the Diocese of St. Augustine to Paul Tanner as Bishop of St. Augustine same desc. as deeds in OR 78
- OR bk 2680 pg 64 2005 Easement from Diocese to Freeport Venture Partners same desc as deeds in OR bk 78
Land sold to Rutan
- Deed bk 3 pg 680 1872
- Deed bk 3 pg 678 1882
- Deed bk 5 pg 671
- Deed bk 6 pg 348 1892 Jackson to Rutan All that portion of Se ¼ of 15 west of Lafayette creek commencing at corner of post in center of section then east to Fafayette creek thence down the run of creek to land line dividing the SE and SW ¼ of Sec. 15, thence north to starting point embracing 15 acres more or less.
- Deed bk 6 pg 404
- Deed bk 2 pg 87 1880 1 acre as part of the NE ¼ of the SW ¼ of Sec. 15
- Deed bk 56 pg 124 1921
In the latter part of 2007, a full township grid was created along with the Mojo Report. The grid is based on the original measurements shown by the BLM township survey. Different section lines on the Mojo Grid has measurements from all subsequent surveys found to compare against the BLM measurements and field notes. The field notes for our township outline location bearings of witness trees in relation to the light wood stakes used as the BLM Section corners and ¼ section posts. BLM Section corners located in swampy areas frequently used witness trees found in swamps such as Titi and Bay. Pine trees were generally used as witness trees on dry land or high ground. A theory came into play that if most pine trees on high ground were harvested over the course of history for the local lumber mills, than most or all of the lightwood stakes placed by the BLM could have been destroyed or obliterated by the harvest. If this were the case, then perhaps we should be looking into Section corners identified by the BLM field notes located in swampy areas, since pine trees do not grow well in the swamps. BLM field notes were checked for the nearest Section corner to our proximity identified with witness trees typically found in swamps. The nearest area was referenced by 4 bay witness trees at the SW corner of Section 17, on the same line as our property. In early 2008, we hired Brian Pascoe #7237 to survey the area of the SW corner of Section 17. A calculation and instruction was given to Mr. Pascoe to look in an area around 96.37’ west and about 38’ south of the ACC concrete monument currently used by others as the location for the Section 17 SW corner. This calculation was made from the Mojo grid comparing the BLM measurements against measurements shown on other surveys. The comparison of measurements showed a difference of where the potential true corner location could be. Mr. Pascoe surveyed for 3 days. On the third day, an old lightwood stake was discovered in the swamp. Mr. Pascoe found the stake 95.94’ west and 28.36’ south of the ACC monument. Evidence of witness trees were also found. Mr. Pascoe filed document #97037 for Corner Certification with Labins and the State of Florida in 2009. The judge in our Walton County case disregarded the testimony of the lightwood stake, and supported the location of the ACC monument as the section corner. The line that the judge ruled on also was not straight, as required by the BLM. No case law was cited in the ruling.
THE SW ¼ OF SECTION 15 (East side of Creek)
THE JUNCTION OF LAFAYETTE AND FOUR MILE CREEKS
The area is divided by a Y shaped water feature shown on the BLM survey of the SW ¼ of Section 15. Two creeks merge into one and empty into the Chowawhatchee Bay to the south. The original name of the main branch was Cedar Creek, which was renamed Four Mile Creek. The other portion is LaFayette Creek. The Y shaped feature was completely surrounded on all sides by Govt. lots 5,8, and 9 which comprised the SW ¼ of Section 15. The Y feature is currently shown as partially in the SW ¼ of 15 and partially in the NW ¼ of 22. The SW corner of 15 is the same corner as the NW corner of 22, which is plagued with issues shown under the portion for
OR bk 53 pg 378 1973 Option Agreement from City of Freeport to Walton County Port Authority (irrevocable 6 month option to lease the real property) All that part of the south ½ of the SE ¼ of the SW ¼ lying between Pinch Branch and Four Mile Creek, and Layfayette Creek in Section 15
AND: All that part of Section 22 lying south of the North line of said Section 22 between Four Mile and Lafayette Creek
OR bk 141 pg 258 1978 QCD from Walton County Port Authority to City of Freeport All that part of the south ½ of the SE ¼ of the SW ¼ lying between Pinch Branch and Four Mile Creek, and Layfayette Creek in Section 15
AND: All that part of Section 22 lying south of the North line of said Section 22 between Four Mile and Lafayette Creek
THE NE ¼ OF SECTION 22 The Northeast quarter has shifted north by 10 acres
Deed bk 17 pg 18 1898 Patent to George Davis NE ¼, Govt. Lots 1 & 2 in Sec. 22
Deed bk 14 pg 425 1903 Davis to Thorp & Co. NE ¼ on the lots numbered 1 and 2 of Sec. 22 except 10 acres now under fence of adjacent thereto occupied and owned by Dan Jackson containing in all 151 acres.
Deed bk 31 pg 128 1909 QCD Thorp & Co. to J.J. McCaskill Same descriptions as bk 14 pg 425
OR bk 78 pg 615 1974 – Laurice and Richard Hunter to Diocese of St. Augustine (Land formerly located in Section 15 according to chain of title)
OR bk 78 1974 pages 616, 618, 620, 622, 624, 626, 628, 630 certification of heirs of Daniel and Ida Jackson
OR bk 78 pages 615,617, 619, 621, 623, 625, 627, 629 Deeds from heirs of Daniel Jackson to Paul Tanner of the Diocese of St. Augustine with description as follows:
Commencing at the NE corner of Sec. 22 run south 00 deg. 14 min. 35 sec. East a distance of 666.33 feet thence run north 89 deg. 17 min. 15 sec. west a distance of 665.02 feet thence run north 00 deg 13 min 24 sec eash a distance of 665.75 feet thence run south 89 deg 20 min 00 sec east 659.57 feet to point of beginning
OR bk 78 pg 631 1974 Affidavit from Mollie Taylor as neighbor of Daniel and Ida Jackson
OR bk 443 1975 Paul Tanner of the Diocese of St. Augustine to Paul Tanner as Bishop of St. Augustine same desc. as deeds in OR 78
OR bk 2680 pg 64 2005 Easement from Diocese to Freeport Venture Partners same desc as deeds in OR bk 78
THE NW ¼ OF SECTION 22
The South 1/2 of Section 22 east of Four Mile Creek – Gov. Lots 5 & 6
The area has grown by 27.22 acres and moved north by at least 440 feet
On Nov. 2.1854, patent #26030 was issued by the BLM via a military warrant recorded in Vol. 82 pg. 140 to Iona Griffin and passed to Henry Yonge for 15975/100th acres identified as Government Lot 6 in Sec. 22T l S R l9 W. On May 1,1855, patent #11599 was issued by the BLM to Henry Yonge for 53 acres identified at Government Lot 5 in Sec. 22T l S R l9 W. The total acreage for Gov. lots 5 and 6 totaled 212 and 75/100th . The profile of the terrain and shoreline are shown on the BLM plat of T1S R19W for the bottom of Sec. 22 Government lots 5 and 6. The field measurement recorded by the BLM for the south line of Sec.22 is 32.l0 chains, or 2112.66 feet. The BLM normally monumented all 1 mile corners and ½ mile points within the TRS grids surveyed. The BLM did not place a ½ mile post on the south line of Sec.22 because the post would have been located at the water's edge or in the water, and is evidenced on the BLM plat of T1S R19W. The line dividing the SE ¼ from the SW ¼ in Sec. 22 ended at thewaterline, and a ½ mile post was not placed along the south line of Sec. 22.
On July 6th, 1885, a tax deed (1) was sold by Walton County to Michael King for unpaid taxes on the SE ¼ of Sec. 22 and the E ½ of the SW ¼ of Sec. 22 TIS Rl9W. The total acreage identified on the deed is for 240 acres. No reference to the two original descriptions from the BLM patents is given on the tax deed. The land mass identified on the tax deed as 240 acres does not match the BLM's total of 212 &75/100th . The differences between the tax deed compared to the BLM plat & patents indicate that the north line of the SE and SW quarter sections would be relocated either too far north at 240 acres. In tracing the chain of title forward from the tax deed sold by Walton County, the field measurement for the south line of Sec. 22 is currently identified as about 3388 feet long. This measurement does not match the BLM's original measurement of 2112.66, and reflects a difference of about 1275.34 feet. Subsequent land owners to the Tax Deed sold are using a ½ mile point on the south line of Sec.22 that is located over 440 feet north of the water's edge. If the BLM had placed a post, it would have been close to the proximity of the water’s edge, not 440 feet north. However, the BLM did not place a post. At this time, land originally identified by the BLM plat and patents issued located in Sec. 22, is currently identified in Sec. 27
- Deed bk 2 page 199 1886 Walton Tax Deed to King SE ¼ and E ½ of SW ¼ of Section 22 for 240 acres
- Deed bk 8 pg 20 1894 King to Crawford U.S. Govt. lots 5 and 6 in Sec. 22 - 212 acres
- Deed bk 10 pg 555 1898 Crawford to Rogers same as above
- Deed bk 15 pg 173 1902 Rogers to Keyser “ “
- Deed bk 14 pg 472 1903 Keyser to McCaskill “ “
- Deed bk 92 pg 150 1944
- Deed bk 92 pg 143 1944
- Deed bk 96 pg 264 1944
- Deed bk 95 pg 424 1945 McCaskill to Greschel U.S. Govt. lots 5 and 6 in Sec. 22 - 212 acres
- Deed bk 105 pg 317 1946 Greschel to Spence same
- Deed bk 105 pg 343 1946 Spence to McLeod 7 Acres Commence at SW corner of SE ¼ of Sec. 22, etc. etc. for 7 acres.
- Deed bk 110 pg 523 Spence to Starnes OGM lease for all the south half of Sec. 22 less the 7 acres listed in bk 105 pg 343 and to include begin at NW corner of NE ¼ of Sec. 27, etc, etc to Ramsey Branch for about 7 acres. This document seems to support the land identified in Section 27 as actually being a part of Section 22 and the landowners attempt to reconcile existing issues from the original tax deed issued on the land by the county. The reference on this deed to a location at Ramsey Branch seems to point to the location of BLM monumentation at the water’s edge. The monumentation would confirm the true north line of Section 27 and south line of Section 22. If this is the case, the monumentation would be the western most BLM stake on the dividing line between the sections. The true BLM corner would be 2112.66 feet east of the water’s edge. The BLM references a 6 deg 10 min southeasterly bearing in the field notes. The current line dividing the two sections is about 3388 feet long.
- Deed bk 133 pg 7 1954 Jones to Spence
- Deed bk 133 pg 9 1954 Jones to Spence QCD
- Deed bk 136 pg 493 1955 Spence to Elliott Gov. lots 5 & 6 except 7 acres
- Deed bk 158 pg 48 1958 Elliott to Watson - all Gov. lots 5 & 6 east of Hwy. 331
SECTION 31
The fractional portion of sections 30 and 31
This portion of the report is relevant to assist with retracing the original line established in 1826. Lot # 81 in the Bayview Subdivision is listed as a parcel located in fractional sections 30 and 31. After reviewing and comparing the Bayview subdivision with the original map and survey of 1826, it would appear that the profile of the shoreline and fractional section line locations are a match. This is an important element when retracing the 1826 line eastward to find the corner location of section 32. There is great confusion as to where the section corner of 32 is located, and knowing where to start to retrace is critical.
1. Plat Book 2 pg 63 Bayview Subdivision shows lot # 81
2. Deed bk 102 pg 481 1946 Sealy to Taunton - describes lot #81 as fractional in both sections 30 and 31. This particular lot was excluded on the deed
3. Deed bk 108 pg 401 1947 Brown to Taunton - winter home lot #81 in sections 30 and 31
Deed bk 129 pg 104 1953
Deed bk 210 pg 177
Deed bk 213 pg 330
Deed bk 196 pg 348 1964 QCD
SECTION 32
The section has grown from 18.50 acres to somewhere between 86 to about 120 acres (depending on which corner is used)
The BLM surveyed 18.50 acres tied to the NW Corner of Section 32. The acreage was located on the west side of Bear Creek and the section line ended on the west bank of Bear Creek. Section 32 was not continued across the creek to the East. Instead, the land east of Bear Creek was surveyed, identified, and conveyed by patent in the south ½ of Section 29 by the BLM.
The original patent for the fractional portion of section 32 West of Bear Creek was issued in 1882 for 18.50 acres to John Gray (see 1). The field measurements were 891’ from shore of the bay to the corner (north/south) and 1098’ from the corner east to Bear Creek (near the mouth of where the creek meets the bay). A deed is filed in 1888 (see 2) that conveys 11 acres west of the creek between Russell and Caswell. It is unclear how the land was acquired, since there is no record of conveyance to Russell from the original patent holder. In 1889, patent #11475 was issued to Ransom Hubbard for all land in Section 29 except the SE ¼ aka Gov. Lot 6. This patent included all land east of Bear Creek to the water’s edge of Choctawhatchee Bay. In 1890, a sheriff’s deed issued through Walton County (see 3) conveys 20 acres east of Bear Creek to McCaskill. There was never land surveyed by the BLM/GLO that was located east of the creek in Section 32, yet Walton County (State of Florida) issues the deed, and the section line of 32 is perpetuated eastward with this document. The land involved with the sheriff’s deed was patented a year prior to Ransom Hubbard.
A tax deed is issued to Caswell for Lot 1 in Section 32 (acreage and location unknown) in 1892 (see 4). It would appear that Walton preformed a survey or devised some method to define “lots”. However no records can be found.
At this point it appears that Section 32 has grown to 38.50 acres and is on both sides of Bear Creek according to the documents issued through Walton County / State of Florida and GLO.
With the majority of the land lying on the East side of the creek (see 3 and 4) the history of deed activity on the east side suggests that this area grows over time to 41 acres (see 5, 6, 7, 23 Deed activity occurs on the east side of Bear Creek until 1910 (see 5, 6, and 7). Deeds in 1910 (see 8 and 9) convey 11 acres with an unclear chain of title (see 2) to McCaskill on the west side of the creek, as well as land on the east side of the creek. In 1927 -1928, articles of agreement and a release are filed between Adair, Rutherford and Bolleson for 10 acres in ne ¼ of ne ¼ in sec 32 East of Bear Creek (see 11 and 12). It is unclear how Adair, Rutherford and Bolleson acquired rights to the land, since there is no history in the chain of title at this point. In 1931, Bolleson quit claims 25 acres to McCaskill (see 15) and Adair/Rutherford quit claims 10 acres to McCaskill (see 16). The acreage on the west side of the creek at this point has almost doubled from the original acreage identified by patent as only 18.50 appears to encompass 32 ½ acres. In 1932, McCaskill conveys 32 ½ acres (see 13 and 14) The confusion is reflected in a deed with the changes of the parcel description occurring through its chain of title (see 23 w/supporting doc’s)
By now there are about 46 acres on the east side of the creek and about 35 acres on the west side identified by deeds, for a total of about 81 acres more or less in section 32. There were only 18.50 acres identified in section 32 in the GLO/BLM survey, all west of Bear Creek.
There are two surveys by the Florida Department of Transportation that are referenced in this portion of the report that is relevant to this case.
There is a 1955 Florida Dept. of Transportation Job 6059-150 - a 2 page survey with the POB located within Section 32, east of Bear Creek. This area was surveyed by the BLM as the south half of Section 29. A concrete monument is identified on the survey as the ½ mile point of Section 32, also east of Bear Creek. A ½ mile point was not established by the BLM, as all land in Section 32 was surveyed west of Bear Creek. The FDOT survey continues northward to show 2 concrete monuments in the vicinity of the SE corner of Section 16. A 329.90’ distance is shown between the 2 concrete monuments. There is no definitive description that identifies which of the 2 concrete monuments is the SE corner of Section 16, other than the lines drawn with no measurements. Page 2 of the FDOT survey identifies the town of Freeport as found in Plat Book 2 page 67 in the public records. Several deeds of properties in the area also reference the same plat book and page number as surveyed by Deputy W.J. Stephens. It would appear that this document has been removed from the Walton County public records sometime after the FDOT survey was made, as the current book and page shows an unrelated survey to this area. The questionable validity of the Stephens survey is addressed in another portion of this report for Section 15.
The POB in Section 32 (should be Section 29) on the 1955 FDOT survey is used to find the location of our corner(s) There are two concrete monuments shown in the proximity for the SE corner of Section 16. There is @ 330’ difference between the 2 monuments. Some deeds in the area are tied to the northern monument, and others are tied to the southern monument. The southernmost concrete monument appears to be the basis for the location of the ROW Deed issued to Adell Gauthier on July 31, 1956, even though the 1955 survey shows the northern most as the corner. Adell Gauthier’s land would not be touching the road if it were tied to the north monument. The only way his land would be in the area of the new road is by relation to the south monument.
There is a 1963 Florida Dept. of Transportation Job 60590-2601- 3 page survey that begins in land identified in Section 32 located east of Bear Creek. The BLM did not survey land in Section 32 east of Bear Creek. The area is situated south of our location and the FDOT survey shows significant differences for the identified corner and line locations of Section 32. On the survey, a lightwood stake is noted as a corner for Section 30, but disregarded in the area of the corner for Section 32 . The BLM used lightwood stakes. There is an 817’ east-west difference between two NW Section 32 corner locations on this survey, identified by concrete monuments. Both corners are located too far north when compared to the original 891’ measurement done in 1826. There is a lightwood stake and iron pipe identified 488.31’ south of one of the concrete corners noted, and appears to be in the vicinity of the original survey measurements.
Since the creation of the 1963 FDOT survey, the lightwood stake in the area of Section 32 has been removed, and is evidenced by a 1986 boundary survey done by W.E. Overstreet RLS #2032 for Jack Parker. However, the iron pipe is identified on both surveys. The area of the iron pipe has great potential for recovery of witness trees as verification of the true corner location for Section 32. Another survey by Panhandle Associates in 1988 #3420 identifies both concrete monuments with the 817’ difference as ACC monuments, and both mark the NW corner of Section 32. This survey clearly references the 1963 FDOT survey for dependence. An ACC monument was ruled in 1957 by a Walton County judge as not a true BLM corner, and another was ruled in 2009 as a true BLM corner, even though the Section line is not straight. The 2009 ruling also did not tie in with a recovered BLM lightwood stake on the same line. The BLM maintains that all Section Lines are straight.
A hiatus is identified on page 3 of the 1963 FDOT survey as being 194.5’. There are two different section lines for the same section shown. The southernmost line location of the 1963 ROW survey seems to point toward the true vicinity of the original Section 32 corner to the west, when you take into consideration the fractional section locations of 30 and 31, and the 6 degree 10 minute southeast angle (from west to east) that was used to establish the township boundaries in the original federal survey. If you were to extrapolate that line, it seems to fall in the vicinity of the lightwood stake/iron pipe location, and south of the concrete monument that identifies one of two corner locations on the 1963 FDOT survey.
A recent recorded deed has been filed for the hiatus located east of Bear Creek in the same area of the hiatus shown on the 1963 FDOT survey. The recorded deed seems to increase the number of acreage in Section 32 by about 5 acres @ 160’n x 1350’e/w (see 22). Walton County Commissioners, the Planning Department, and the County Engineer approve plats of two subdivisions in the area which reference two totally different quarter section locations (1/2 mile points) for the same common corner (see 20 and 21) Approval of the plats support the north/south hiatus (see 22) located between the two ¼ corners identified in Section 32 east of Bear Creek. A half mile monument was not established by the BLM and should not exist.
There has been a tremendous amount of litigation and quit claim deed activity with many of the landowners over recent history around this particular area. The two corner locations involved in the litigations are located too far north compared to the original federal survey measurements in our opinion.
This much controversy and confusion about the location of the northwest corner of Section 32, and the creation of Section 32 East of Bear Creek with no known or federally established corner location or monument have, in our opinion “created” confusion and doubt about the northeast and the northwest corner locations of Section 27.
The identical issues are found at the northeast corner location of Section 15. We conclude that this confusion and doubt has caused the relocation of Section corners all over the township that we would describe as a ripple effect. The confusion is increased and/ or even perpetuated by the work of Walton County surveyors S.K. Miller and Garland Edwards, which established new corners instead of finding BLM/GLO corners discovered in our review of the documents. The subsequent approvals of “subdivisions” by the Walton County Commissioners have contributed to the destruction of the original TRS Grid, in our opinion. The Walton County surveyors use of and judicial approval of section line locations and corners that were never established by the original GLO/BLM survey have not helped in our view but have contributed to and even caused dispute. Walton County surveyors have used the wrong bearings on surveys, this is clearly supported by their own testimony and in and on documents found in the public records (see plat of Walton Heights 1926 plat bk 2 pg 5 and Walton court case # 7120 ACC vs Silcox / Thomason pgs. 43,51,54, 56, 68, 89-90) One example: “travelling northeast to “place” or “set” corners instead of travelling southeast to “retrace” and “find” existing GLO/BLM corners.
With the exception of the few documents filed into the public records, it appears - all other records, surveys, field notes, names of County surveyors, general information, and proof of the existence of the Office of the Walton County Surveyor for decades, has disappeared from the public records of Walton County.
The corners established by the Walton County surveyors appear to conflict with the original federal survey. A complete examination of Sections 29 and 28 is recommended.
This same type of issue existed in Dade County case # with the help of Mr. Walter Robillard, author of “Clark’s on Boundaries and Surveys” (in which the original lines were first upheld, then re-discovered, and re-monumented by order of the court this resolved that case) if I remember correctly.
1. Deed bk 33 pg 219 patent 1614 1882 John D. Gray - all frac. 32 for 18.50 ac corner - run south 13.50 chains ( 891 feet) corner - run east to Bear Creek 16.50 chains (1089 feet)
2. Deed bk 10 pg 197 1888 Russell to Caswell - 11 ac west of Bear Creek
3. Deed bk 5 pg 275 1890 Sherriff’s deed to McCaskill - 20 acres east of Bear creek
4. Deed bk 6 pg 360 1892 Tax deed to Caswell - for Lot 1 in sec 32
5. Deed bk 7 pg 295 1896 McCaskill to McCaskill – ¼ interest in all land east of Bear creek
6. Deed bk 9 pg 67 1897 McCaskill to Caswell - start at mouth of Bear creek and Bay, run east along bay 750’ n to sec line w to creek, south along creek to POB for 6 acres
7. Deed bk 9 pg 174 1897 Caswell to McCaskill - start at mouth of Bear creek and Bay, run east along bay 750’ n to sec line w to creek, south along creek to POB for 5 acres
8. Deed bk 33 pg 242 1910 Caswell to McCaskill - 6 ac east of creek, 11 ac west
9. Deed bk 33 pg 315 1910 Caswell to McCaskill 6 ac east of creek, 11 ac west
10. Deed bk 34 pg 264 Image not found
11. Deed bk 69 pg 72 1927 Articles of agreement between Adair, Rutherford and Bolleson - for 10 acres in ne ¼ of ne ¼ in sec 32
12. Deed bk 69 pg 336 1928 Release of Rutherford to Adair - for 10 acres in ne ¼ of ne ¼ in sec 32
13. Deed bk 72 pg 181 1932 McCaskill to Casey – fractional ne ¼ of nw ¼ for 27 ½ acres
14. Deed bk 72 pg 187 1932 McCaskill to Adams – frac. E ½ of w ½ of ne ¼ of ne ¼ in sec 32 for 5 acres
15. Deed bk 73 pg 355 1931 QCD Bolleson to McCaskill - all frac 32 from an agreement that was never recorded for 25 acres
16. Deed bk 73 pg 356 1931 QCD Adair to McCaskill - 10 ac in ne ¼ of ne ¼ of sec 32
Deed bk 85 pg 251 1939 McCaskill to Barley- begin 990’ e fo the w line of sec 32, at the high water mark, run n 850’ then w 165’ then s 850’ to water’s edge then e 165’ to POB for 3 acres
Deed bk 105 pg 585 1947 McCaskill to Wade – the w 165’ of the e 330’ of the nw ¼ of nw ¼
Deed bk 113 pg 81 1948 McCaskill to Boyd – the e 165’ of frac. nw ¼ of nw 1.4 of sec 32, being a tract of land extending from Choc. Bay to the north line of sec 32, being 165’ wide and approx. 850’ long for 3 acres
Deed bk 115 pg 170 1949 McCaskill to Collins – the w 825’ of frac. nw ¼ of nw ¼ of sec. 32
17. Deed bk 129 pg 104 1953 Casey to Davis – all that part w of Bear Creek, except the w 180 yds (540’) thereof. All that part of sw ¼ of ne ¼ lying n and w of st. rd 40 (now 83A) sec 32 and fractional ne ¼ of nw ¼ of sec 32
18. Deed bk 210 pg 177 1965 Davis to Davis – all property w of Bear Creek, except the w 180 yds (540’) thereof. All that part of sw ¼ of ne ¼ lying n and w of st. rd 40 (now 83A) sec 32 and fractional ne ¼ of nw ¼ of sec 32
19. OR bk 100 pg 389 1975 Davis to Davis - all land west of Bear Creek in fractional ne ¼ of nw ¼ and nw ¼ of nw ¼
20. Plat bk. 5 pg. 85 1983 LaGrange Bayou Estates
21. Plat bk. 7 pg. 37 1986 Cross Creek Shores
22. OR bk 712 pg 240 1990 Gates to Seascape Constr. Co. – the n 159.8’ of ne ¼ of ne ¼ of sec 32, a hiatus unclaimed by adjoining property owners (This hiatus is identified as being 194.5’ on 1963 FL. DOT survey of the area)
23. OR bk 2538 pg 1307 2003 QCD Florida Title Co. to Merrill - COM AT NW/C OF SEC; S 01DEG46' 13"W ALG W LN 914.96' TO SLY R/W LN OF ST RD S-83-A (100' R/W); N 84DEG59'29"E ALG SLY R/W LN 346.37' TO POB; CONT N 84DEG59'29"E ALG SLY R/W LN 165.87'; DPRT R/W S00DEG51'27" W 351.00' TO POINT "A"; CONT S 00DEG51'27"W 20.00' MOL TO INTERSECTION WITH MEAN HI WTR LN OF BAY; MEANDER SWLY ALG HI WTR LN TO INTERSECT WITH LINE PASSED THRU POB BEARING S00DEG 51'27"W; N 00DEG51'27"E 16.00' MOL TO POINT "B" BEARING S 88 DEG47'29"W 1615.10' FROM SAID POINT "A"; CONT N 00DEG51'27"E 340.00' TO POB ***ALSO: COM NW/C OF SEC; S 01DEG46'13" W ALG W LN 914.96' TO SLY R/W LN OF ST RD S-83-A (100'R/W); N 84DEG59'29"E ALG R/W 512.24' TO POB; CONT N84DEG59'29"E ALG R/W 45.00'; DPRT R/W S 00DEG 51'27"W 355.00' TO POINT "A"; CONT S 00DEG51'27"W 15' MOL TO APPROX MEAN HI WTR LN OF BAY; MEANDER SWLY ALG HI WTR LN TO INTERSECT WITH LN PASSED THRU POB BEARING S 00DEG51'27"W; N 00DEG51'27"E 20' MOL TO POINT "B" BEARING S 89DEG54'34"W 44.77' FROM POINT "A"; CONT N 00DEG51'27"E 351.00' TO POB ***ALSO: COM NW/C OF SEC; S 88DEG47'01"E ALG N LN 495.00'; DPRT N LN S00DEG51'27"W 548.44 FT TO POB; N84DEG59'29"E 50.23 FT; S 00DEG51'27"W 210.50' TO NLY R/W LN OF ST RD S-83-A (100'R/W); S 84DEG59'29"W ALG NLY R/W 50.23'; N 00DEG51'27"E 210.50' TO POB OR2538-1307 *********ALSO DESC AS********* THAT PART OF THE NE1/4 OF THE NW1/4 OF SEC 32-1S-19W MORE PARTICULARLY DESC AS FOLLOWS: COM AT THE NW/C OF SAID NE1/4 OF THE NW1/4 THENCE S 00 DEG 25'29"W 613.60FT TO A POINT ON THE S ROW OF ST RD #83-A AS NOW EXISTS; SAID POINT BEING THE POB THENCE N 84 DEG 54'29" E ALONG SAID ROW 45FT THENCE S 00 DEG 22'06"E 373.91FT M OR L TO THE WATERS EDGE OF CHOCTAWHATCHEE BAY THENCE IN A WLY DIRECTION ALONG SAID WATERS EDGE TO A POINT ON THE W LINE OF SAID NE1/4 OF THE NW1/4 THENCE N 00 DEG 25'29"E ALONG SAID W LINE 374FT TO THE POB & CONT .407AC M OR L AND THAT PART OF THE W 50FT OF THE W 270FT OF THE NE1/4 OF THE NW1/4 OF SEC 32-1S-19W MORE PARTICULARLY DESC AS FOLLOWS: COM AT THE NW/C OF SAID NE1/4 OF THE NW1/4 THENCE S 00 DEG 25'29"W ALONG THE W LINE OF SAID NE1/4 OF THE NW1/4 303.10FT TO THE POB THNECE N 84 DEG 54'29"E 50.23FT THENCE S 00 DEG 25'29"W AND PARALLEL WITH SAID W LINE 210.50FT TO A POINT ON THE N ROW LINE OF ST RD #83-A AS NOW EXISTS THENCE S 84 DEG 54'29"W ALONG SAID ROW 50.23FT TO A POINT ON THE SAID W LINE THENCE N 00 DEG 25'29"E ALONG SAID W LINE 210.50FT TO THE POB & CONT .242AC M OR L OR 54-305
This deed has a chain of title listed as follows:
Deed bk 121 pg 379 1953 Casey to Skinner - All that part e of Bear Creek, all that part of nw ¼ of ne ¼ lying n and w of st. rd. 40 (now 83A) in sec 32 and frac ne ¼ of nw ¼ of sec 32
Deed bk 130 pg 125 1953 Skinner to Davis – commence at the ne c of ne ¼ of nw ¼ of nw ¼ of sec 32 run s along e line of said quarter a distance of 485.6’ for POB run w at right angles 300’ s on parallel with e line 350’ to shore line then ely along shore to its intersection with the e line of quarter then nly along the e line to POB
Deed bk 196-238 1964 QCD Davis,etc. to Madara – the w 270’ of the ne ¼ of nw ¼ of nw ¼ of frac. Sec 32 in US Lot 1 west of Bear Creek, subject to St Rd. 83A
OR 54 pg 305 1973 Madara to Hensen
OR 179 pg 191 1979 Nelson to Hlava
OR 20 bk 534 1980 Unable to find (this was listed on Tax appraiser website)
OR 803 pg 275 1991 Hlava to Ellison
OR 1667 pg 338 Ellison to Merrill
OR 2451 pg 737 2003 QCD 1st Amer. Title Ins. Co. to Merrill
COMMON CORNER OF SECTION’S NW 19
OR 206 page 198 1980 Eugene to Ro Cuchens – Begin at the nw c of nw ¼ of nw ¼ sec 19, then run s 330’ then e 700’ to ROW line of county public rd. then run n along w side of rd 330’ then w 700’ to POB and being ½ of all the land w of present rd. of n ½ of nw ¼ of nw ¼ for 5.31 acres
OR bk 1341 pg 240 1995 Brown/Hughes to themselves - – Begin at the nw c of nw ¼ of nw ¼ sec 19, then run s 330’ then e 700’ to ROW line of county public rd. then run n along w side of rd 330’ then w 700’ to POB and being ½ of all the land w of present rd. of n ½ of nw ¼ of nw ¼ for 5.31 acres more particularly described as follows:
Being at the nw c of sec 19, and run s 00 deg 32 min 16 sec w along the w line of said sec, a distance of 331.73’, then s 89 deg 34 min 16 sec e 526.92’ to a point on the wstly ROW of county rd 83A, said point being on a curve concave estly and having a radius of 1687.28’, then run nely along said curve and ROW line, 331.87’ through a central angle of 11 deg 16 min 11 sec, then departing said curve and ROW line, run n 89 deg 23 min 47 sec w 555.67’ to POB
GOVERNMENT LOT 3 – SECTION 28
Deed bk 17 pg 310 1902 Patent to Arthur Hogan for Government lot 3 totaling 159 acres
Deed bk 20 pg 78 1902 Hogans to Gray
Deed bk 20 pg 561 1902 Hogans to Thomas
Deed bk 30 pg 202 1903 Hogans to
Deed bk 37 pg 587 1907 Hogans to Gray – a certain described tract of land commencing on east side of Lagrange Bayou where east boundary of section line of 28 strikes Lagrange Bayou, thence 20 chains s on section line dividing section 27 and 28 thence w 20 chains to Lagrange Bayou lying and being in section 28 particularly described in Lot 3
Deed bk 54 pg 465 1920 Hogans to McCaskill – 59 acres
Deed bk 64 pg 73 1917 Hogans to Ellis – 40 acres
Deed bk 70 pg 158 1913 (1930) Hogans to Ellis – 40 acres
Lands distributed by other sources than the BLM in 1 South 19 West
The Federal Government made it clear that said St. of Florida is admitted into the Union on the express condition that it shall never interfere with the primary disposal of the public lands lying within them, nor levy any tax on the same whilst remaining the property of the U.S. Portions of lands in the area were distributed by the BLM to private individuals by patents issued. The BLM entrusted the State of Florida with tracts of unencumbered lands that were sold to raise revenues for the state. The State and subsequently Walton County were entrusted with approximately 7269.09 acres of land within the township boundaries of 1 South 19 West. The State sold the lands in various ways, and private surveyors were hired with the sales that were not employees of the State. The survey work was sub contracted out to independent contractors and the field work done was not followed up on or confirmed by the State to check for accuracy, nor were copies made or filed into the public records of Florida. Thus the fires destroyed the only record of these transactions. In 1977, the State of Florida legislated Statute 177.502 as the Legislature finds and declares that it is the responsibility of the state, and in the public interest, to provide a means for the identification, restoration, and preservation of the controlling corner monuments established during the original cadastral surveys, to which the vast majority of titles to lands in Florida are related and which they are dependent. All such monuments and evidence pertaining to the original government surveys are resurveys are recognized as historical and economic resources of the state and, as such, are vitally important to the orderly planning, management, use, conservation, and public enjoyment of Florida’s natural resources. In order to implement this policy, the department shall assume the responsibility for conducting a program of the identification, restoration, and preservation of such monuments. The State of Florida created a program called Labins in an attempt to comply with F.S. 177.501-10, where certification of section corners are to be recorded. However, once again the State relies on the work of private surveyors to provide corner certification to Labins, and does not verify the accuracy of the corner certification. This is not a remedy to the problem, and only supports faulty survey work further by making the corner certifications public, so other surveyors can use the “certified” corner. Most corner certifications filed with Labins reference trees that are much too young to be authentic BLM witness trees, and no noted attempt is made at archeological excavation for the remains of root masses on most to verify a true corner. Each section corner has 4 witness trees listed in the BLM field notes.
One glaring example of the problem with allowing private surveyors to certify corners is a case where a surveyor was unable to find existing witness tress in the area of a concrete monument, locally used by some landowners and ignored by others. An archeological dig was made at 3 referenced witness tree locations, and only one hole dug had evidence of a tree. The surveyor determined that the concrete monument was a true BLM corner and it has been certified. In the meantime, a sample of the tree evidence was sent to a lab to be radio carbon dated for age. The results came back that the tree time frame was about 1900, which made it too young to be a BLM witness tree. There was no other tree evidence found in the area of the corner. There is monumentation over 300’ to the south that appears to be placed by the USGS as a location for the section corner. This monumentation is ignored by surveyors as it is too far and therefore “discounted.” Discounting lightwoods stakes is also practiced in the area, which was the monumentation used by the BLM.
It would appear that not a single section corner within the entire State has been verified or restored by the State, as of yet.
Twenty of thirty six sections within 1 South 19 West were entrusted by the BLM to the State of Florida for public disposal for a total of about 7269.09 acres and are listed as follows:
All of Section 1 @ 640 acres
All of Section 3 @ 640 acres
All of Section 5 except the w ½ of the NW ¼ @ 560 acres
Section 6 – E ½ of the NE ¼ @ 80 acres
All of Section 7 except the s ½ of the SE ¼ @ 560 acres
All of Section 9 except the ne ½ of the SE ¼ and the se ¼ of the SW ¼ @ 560 acres
Section 10 – SE ¼ @ 160 acres
All of Section 11 except the s ½ of the NE ¼ @ 560 acres
Section 15 – the w ½ of the NW ¼ @ 80 acres
All of Section 16 @ 640 acres
Section 18 - the e ½ of the NW ¼ , the nw ¼ of the NW ¼ , the nw ¼ of the SE ¼ , the ne ¼ of the SW ¼ @ 200 acres
Section 19 – the w ½ of the SE ¼ , the e ½ of the SW ¼ @ 160 acres
Section 22 – the NW ¼, the w ½ of the SW ¼ @ 157 acres
Section 25 – the w ½ of the SW ¼ @ 80 acres
All of Section 26 except the NE ¼ and the e ½ of the NW ¼ @ 400 acres
Section 27 – the SE ¼, the w ½ of the SW ¼ @ 163 acres
All of Section 31 @ 117 acres
Section 33 – the SE ¼, the SW ¼ @ 322.50 acres
All of Section 34 @ 549.59 acres
All of Section 35 @ 640 acres
Tax Deeds sold by the State and Walton County create conflict
