As usual, I was doing one post and thinking along the way and I realized it was getting a bit long winded. I need a new post on the land history of the Intracoastal from Jupiter to North Palm Beach.

In THIS POST I go through how to tell if a waterfront property has riparian rights. And then I took a tangent onto the fact that the intracoastal waterway is an easement and in looking at the Florida Board of Trustees Land Document System (BTLDS) Map I noted that the deed for this 500′ wide easement was FROM the state of Florida to the Federal Government on 06/08/1942. This got me thinking. Most of this land was land owned by the state as it was navigable when the state was created but some of it was not. And since you can’t give away what you don’t own, no matter who your are, then how did this happen?

OK, in making any waterway from here to there one will first survey a route to determine the path of least resistance. The cheapest way to get from here to there. Thus, most of what is now the ICW is over land that was historically “navigable” or at least low and/or wet, even if not “navigable.” Makes sense right? In some places they needed to connect two bodies of water through land that was NOT historically “navigable” (FS 253.141) or it meandered like a river or a creek and needed to be straighten out. But who owned this land before it was below the water we now know as the perfectly straight ICW?

I found the answer in my search at this University of Florida web page. The answer lies in something called the Florida Coast Line Canal & Transportation Company.

In 1881, a group of St. Augustine residents led by a Dr. John D. Westcott incorporated the Florida Coast Line Canal and Transportation Company and the Florida legislature authorized that firm to dredge a series of canals to create an inland waterway along the length of the Florida Atlantic coast. As an incentive, the state granted 3,840 acres of land for every mile of canal constructed (WOW!) and gave the company the right to collect tolls on the waterways. Yes, they would literally pull a chain across the canal. The State had millions of acres of public lands (be it dry or over flowed lands and swamp), which they frequently deeded to rail, navigation and other companies to spur the development of the state. GO SOUTH YOUNG MAN! By about 1891-1892, the company had reached Jupiter and began to work southward to connect the Loxahatchee River tributaries and Lake Worth. In 1892, Henry Flagler invested in the firm and a year later became president for a brief time. In total, over a 30-year period between 1882 and 1912, the company constructed 268 miles of canals linking Jacksonville to Miami and earning more than a million acres of state land in the process. The dredged canals and connected waterways ultimately became known as the Atlantic Intracoastal Waterway in Florida.

Looking at the map noted below, the way I read it by looking at the quadrants, the state owned the land where the intracoastal is now located between Indiantown road south all the way down to Old Port Cove in North Palm Beach whether it was navigable or not. The state gave all this land (everything in rust color on the map) to the company as the payment for the dredging of the canal that now runs through this area. True to form for Florida though, this company had financial troubles and in 1923 their interests were foreclosed upon and sold to a new entity, the Florida Canal & Transportation Company to satisfy the debt holders. (Interesting, the officers of this new Corp included local names like Harry Kelsey (Lake Park and North Palm Beach) and Bert Winters (as in Bert Winters Park). A few years later a section of the Rivers & Harbors Act basically told the states that hey if you, the state, acquire a route from New England to Key West that we can make 75′ wide and 8′ deep and then give it to us, the Federal Government, then we will maintain it in perpetuity and not charge any tolls. Good deal! The State of Florida was all aboard on this idea and in 1927 the Florida Inland Navigation District was created and was authorized to BUY the Florida Canal & Transportation Company for a price not to exceed 800k which they did for 776k. FIND then went about 10 years of planning for things like dredge spoils areas, buying those tracts if necessary. And, in 1942 the Trustees of the Internal Improvement Trust Fund deeded the US Federal Government an EASEMENT, 500′ wide (it varies in some places), “to enter upon, excavate and remove soil” where the ICW now is. The US Government agreed to construct and maintain the Intracoastal Waterway and FIND agreed to furnish to it, free of cost, the necessary rights-of-way (done) and areas for the deposit of dredged material in connection with the subsequent maintenance of the canal. CLICK HERE to see the actual deed conveying this easement to the federal government. And there we have it. The ICW is now the responsibility of the federal government, supposedly. Interesting thing here as well is in those dredge spoil areas. It seems the feds did not need all of them and so some were sold or given away by FIND. One such example is Lakeside Park in North Palm Beach where 90% of the park was once a dredge spoil area for the ICW. Another such area became Bert Winters Park here in Juno.

If like many parents you are overwhelmed when trying to navigate Palm Beach County schools and programs, you may want to attend the upcoming Showcase of Schools. This event will take place on Tuesday, October 22nd from 4-8pm at the South Florida Fairgrounds. The Showcase is a great event; schools throughout Palm Beach County have set up tables where you get to pick up flyers and materials and speak to representatives that are there to answer your questions. Although the event is incredibly busy and can be overwhelming with the sheer number of schools and people, it is a great place to begin your search on the various programs at schools across Palm Beach County. Elementary, Middle and High Schools are represented. To find out more about the schools and programs and homes for sale in Northern Palm Beach County click on this link.

What is a PACE charge on a tax bill? This question just came up in the office. An agent was looking at a tax bill and it has a line item on it for a “FLORIDA PACE” in the non ad valorem assessments.

First, CLICK HERE to do the FAQ from the Palm Beach County Property Appraiser on PACE Assessments. Then CLICK HERE for the Palm Beach County information page.

PACE stands for Property Assessed Clean Energy. These are loans made by approved lenders AT 6-8% interest rate. The Palm Beach County Tax Collector collects the annual payments on these loans under the non ad valorem tax collection section of the tax bill and remits payment to the provider of the loan. These are often used by home owners to finance certain home improvements like new windows, an AC or solar panels and they run with the property as special assessments.

Now, the contracts that we Realtors use has a line item on it for which party will pay for this. The FAR/BAR As-Is Contract has a check box in paragraph 9(F) that:

If special assessments may be paid in installments (CHECK ONE): (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Closing. Installments prepaid or due for the year of Closing shall be prorated. (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED.

So, Buyer/Sellers and Realtors BE CAREFUL. Public body special assessments are something which we think of as being for a paved road or a sewer line extension in places like Jupiter Farms but the property this came up on is located in central Jupiter. AND, I was told that there is an argument to be made as to IF the language of the contract noted above would apply to a PACE charge. Toward this there IS a special rider to the contract for PACE charges like THIS ONE that spells out who is going to pay for this. Sellers this IS something which adversely affects the value and its not readily observable to a Buyer and thus it must be disclosed to a potential Buyer.

BTW, these liens are recorded in the pubic record in the full amount due, the annual interest rate, and the annual payments that the tax collector will place on the tax bill. This lien will also specify if it does, or does not, need to be paid off or collected upon the sale of the property.

This Grande Cayman or stack 5, unit at 221 Ocean Grande is located on the 3rd floor (of 8) in the 221 of Condo 2 building which is the southeast building in the Ocean Grande development.

THE big thing for this community is that they allow up to 2 large dogs. To see other buildings along the Jupiter Beach that allow pets take a look at this page for the list I made up.

Jupiter Ocean Grande is a newer, luxurious community of 4 oceanfront condominium buildings located in Jupiter, Florida. Built in 2001 the 4 buildings consist of 138 units with 7 different floor plans. Jupiter Ocean Grande has 24 hour manned security, a stunning pool, 2 lighted Tru tennis courts, a fitness center, social room, billiards room and cabanas available for purchase with a shower, bathroom and small refrigerator. Up to 2 pets are permitted, but commercial pick up trucks are restricted. Each condominium has 2 interior parking spaces, and most have several balconies with stunning views. Conveniently located with a walkway to the beach, Jupiter Ocean Grande has it all.

So you are thinking of moving to Palm Beach County; should you take school districts into consideration? The answer is definitely yes! Even if you do not have children, a good school district will increase your property value and make your property more desirable. Our agents at R&R Realty are knowledgeable on the schools in the Palm Beach County School District and can help you navigate finding not only the right home for you, but making sure to also find the right school for your children. We can create property searches based on school boundaries and easily email them to you. To find homes in a particular school district, clink on the link below:

Northern Palm Beach County School District Homes for Sale

Back in the day, unless you went to a private school, you just went to the local school with all the neighborhood kids, end of story. Although this is still sometimes the case, it is often more complicated with several other options and can certainly be overwhelming for parents. Greatly simplifying it, you have 3 options. The first option is a private school. There are many excellent private schools in Palm Beach County and although you do not have to live in any particularly city or county to attend, life is more convenient if you have a shorter commute. The second option is a Charter School. There are several Charter Options in Palm Beach County some are better than others. There are many reviews online and touring the school is always a great option. The third option is not only the most common, but also the most complicated option, public schools. Palm Beach County has many excellent public schools. The most obvious way of navigating the public school system is by looking at the school boundaries (which can and do change) and seeing what school a particular property is districted for and then look at the ranking of the school and online reviews. If you are not happy with your districted school, you have two options. First, you can apply to another public school if the school permits it and has room. A list of public schools that take out of boundary students is on the Palm Beach School District website. There is a window of time to do this each year. Another option is to apply to a choice program. There are a few schools that only consist of choice programs and everyone needs to apply and be accepted. For example Bak Middle School of the Arts is a choice school. A student has to reside in Palm Beach County to apply. Some of these schools like Bak Middle School, The Conservatory Middle School and AW Dreyfoos High School; you have to apply and audition for a particular art area and be accepted to attend. Other schools like Suncoast High School do have an application process and prerequisites, but no auditions. There are also community schools like Independence Middle School, Palm Beach Gardens High School, Dwyer High School and Jupiter High School that have choice programs that you can apply to within the scope of the general school. If you live in those school boundaries you have two choices. First you can just attend the school or you can apply for a choice program within the school. For example, your child can apply to a variety of programs within the school. These programs vary from school to school but examples include medical, law, education, culinary, environmental sciences and theater. Some of the programs are only for students assigned to that school district, while others are open for any student that lives in the county. Sometimes there are prerequisites like GPA or completion of certain completed courses. So how do you find out what option is best for your child? There is an Educational Fair held every autumn, usually at the South Florida Fairground. A multitude of schools have tables set up where you can get brochures and ask questions. Many of the schools also have open houses or tours, again usually in the fall. Choice applications are due in January every year, except for a few schools like Bak, the Conservatory School and Dreyfoos. Their applications are due in December to give them time to schedule auditions. Usually, acceptance into a program is determined by the end of March.