Lagoon Rocks

Happy to inform the residents on the Lagoon that we will be working toward a solution to get the Rocks fixed once and for all.
I presented this paper to the board at the December 2020 meeting so we would all be on the same page going forward. I also heard from Park Square that they also want to move forward on this subject as early as January 2021.

Please stay tuned and stay engaged !!

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Lagoon Shoreline Rock Restoration
At the present time, the CDD does not own the property between the lagoon and the private resident lots. Park Square owns most of the lagoon. There is a limited area around the clubhouse that is owned by the Harbor Bay CDD. A conveyance to the HBCDD someday is likely in the residents’ best interest. The ability to negotiate conditions depends on the actual conditions sought and the willingness of the parties to negotiate.

Who owns the easement from the property line to the water?
To illustrate this, its helpful to review the county maps as to whether the property lines end at the water or beforehand. According to the Hillsborough County Property Appraiser map (www.hcpafl.org), this property line is inconsistent. We would most likely need a survey to determine this question for any specific lot. It is also necessary to review the MiraBay HOA documents and any easements recorded ( for example, per Hillsborough County, and the Environmental Protection Commission) for each lot, in order to know exactly how to proceed in properly delineating property lines.

Tim Nargi has reviewed some of these records and consulted with the HBCDD lawyers, and found they believe the law is on the property owner’s side since the easements were used to guide the installation of the lagoon rocks.

Historical background gives some context to this matter. In the first early years of MiraBay, there was no limestone “landscaping” wall around the lagoon. The decision to have the wall built came from Chris Coughlin (Newland Supervisor and Chair of CDD, HOA, and member of ECC) in about 2005–06. The decision was in response to residents living at east end of the lagoon having soil erosion occur whenever the strong NW winds created sufficiently large enough waves to remove soil from the shoreline. Homes affected were primarily those along the beginning of Manns Harbor Drive. Residents were simply notified since a 27-foot wide easement zone existed around the lagoon in which all decisions regarding that easement belonged to Newland and the MiraBay HOA. The wall was always described as a landscaping element and not a seawall or revetment.

Before long, active use of the lagoon perimeter by residents caused some short sections of the wall to collapse into the lagoon. That was when it was announced that repair of the rock was the responsibility of the residents adjacent to any location where wall had collapsed. However, residents complained by indicating that no resident had ever signed any agreement to maintain the rock wall. (speaking with the CDD attorney; this is in fact a true statement and a good basis for getting the present owner of lagoon, Park Square to take responsibility). Previously, Newland had capitulated and agreed to do a one-time repair of the rocks. By the time this offer was announced, and work could begin, several tilapia fishermen had knocked significant sections of the wall into the lagoon by dragging their nets full of fish up over the rocks of the wall. Fishermen were told they could no longer use their nets in Mirabay because of the significant damage. This damage occurred where there were no residents’ homes built at that location — only empty, unsold lots designated for future development. The year when this initial discussion and agreement took place was around 2008 or 2009. At the time when Tom Hatcher was on the Board, Newland said they would provide the funds for the repairs, but required first that the CDD Board would have to agree to accepting the liability and responsibility for the repairs. The CDD counsel at that time advised against accepting such an arrangement, so nothing happened. (Current CDD attorney has advised “A conveyance some day is likely in the residents’ best interest”.)

Forward to 2012 or 2013, the topic of repairs to the lagoon rock wall came up again, and was thoroughly discussed at a CDD meeting, Rip Ripley was Chairman at the time. The same offer by Newland was made available again and despite the urgent need for repairs, the acceptance of money from Newland in exchange for the CDD agreeing to being liable foundered once again.

Tim recognizes the lagoon rocks situation is decidedly unfair to the Lagoon residents; and he is determined to continue to champion this cause on their behalf. It is his plan to work with fellow board members to hold the new developer Park Square accountable; thus it is his intention to achieve a long term solution acceptable, and equitable to the residents and the District as a whole.