PAL-MAR
WATER CONTROL DISTRICT

REGULAR BOARD MEETING FEBRUARY 3, 2022
9:30 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.palmarwcd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
PAL MAR WATER CONTROL DISTRICT
Old Jupiter Town Hall 1000 Town Hall Avenue Jupiter, Florida 33458
REGULAR BOARD MEETING
February 3, 2022
9:30 a.m.

Call to Order
Proof of Publication.	Page 1
Establish Quorum
Additions or Deletions to Agenda
Approval of Minutes
November 9, 2021 Special Board Meeting…	Page 4
Status Report
Legal – Status Report…	Page 9
Engineer – Status Report
District Manager Report
Field Maintenance Report
Old Business
Update Regarding Litigation
Consider Granting of Drainage, Utility, and Ingress/Egress Easement to Landowners on the
Map Over the District’s Three Parcels Extending from Bee Line Highway to Jupiter Grade… Page 10
New Business
Administrative Matters
Financial Report…	Page 17
Consider Invoices…	Page 18
Landowner Items
Comments from the Public for Items Not on the Agenda
Board Member Comments
Adjourn

Tr gre .Ceai;J.S"e-wsp pei:s
·	PAii'FoFTHEusArdd¼V lNvd'kk
Stuart News
1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION

Attn:	Special District Services
TRADITION COD 2501 BURNS RD# A

PALM BEACH GARDENS, FL 33410-5207
STATE OF WISCONSIN COUNTY OF BROWN

Before   the   undersigned   authority    personally    appeared,    said legal clerk, 'Nho on oath says  that  he/she  is  a  legal  clerk  of  the Stuart News,  a  daily  newspaper  published  at  Stuart  in  Martin County, Florida: that the  attached  copy  of  advertisement  was published  in  the  Stuart  News   in   the   following   issues   below. Affiant further says that the said  Stuart  News  is  a  newspaper published in Stuart in said Martin County, Florida, and that said newspaper  has  heretofore  been  continuously  published  in  said Martin County,  Florida,  daily  and  distributed  in  Martin  County, Florida,  for  a  period  of  one  year  next  preceding   the   first publication  of  the  attached  copy  of  advertisement;   and   affiant further  says  that  she  has   neither  paid  or  promised   any  person, firm  or  corporation   any   discount,   rebate,   commission   or   refund for  the  purpose  of  securing   this   advertisement   for  publication  in the said newspaper.  The  Stuart  News  has  been  entered  as Periodical  Matter  at  the  Post  Offices  in  Stuart,  Martin  County, Florida and has  been  for  a  period  of  one  year next  preceding  the first publication of the attached copy of advertisement

lssue(s) dated before where the dates are noted:09/27/2021

Subscribed and sworn to before on September 28, 2021:

My commissfon expire£

PAL MAR WATER CONTROL DISTRICT
FISCAL YEAR 2021/2022 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Pal Mar Water Control  District  will  hold  Regular  Meetings  at 9:30 a.m. in the Old Jupiter Town Hall, 1000 Town Hall Avenue, Jupiter, Florida 33458, (**unless otherwise noted**) on the fol­ lowing dates:
October 7, 2021
November 4, 2021
December 2, 2021
January 6, 2022
February 3, 2022
March 3, 2022
April 7, 2022
May 5, 2022
**June 2, 2022**
August 4, 2022
September 1, 2022
**The June 2, 2022, Regular Meeting  will take place  at  10:00
a.m. in the Martin County  Commission  Chambers,  Administra­ tive Center, located at 2401 SE Monterey Road, Stuart, Florida 34996 and will also include the Landowners' Meeting.••
The purpose of the meetings is to  conduct any all business com­ ing before the Board. Copies of the Agenda for  any of  the meetings may be obtained from the District's website or by con­ tacting the District Manager at (561) 630-4922 and/or toll free 1- 877-737-4922.
From time to time one or more Supervisors may participate by telephone; therefore, a speaker  telephone  will be present  at the meeting location so that Supervisors  may be fully informed of the discussions taking place. Meetings may be continued as found necessary to a time and place specified on the record.
If any person decides  to  appeal any decision  made  with respect to any matter considered at these  meetings,  such person  will need a record of the proceedings and such person may need to insure  that a verbatim  record of the proceedings  is made  at  his or her own  expense  and which record  includes  the  testimony and evidence on which the appeal is based.

In accordance with the provisions of the Americans with Disabil­ ities Act, any person requiring special accommodations or an in­ terpreter to participate  at any  of these  meetings should contact the District Manager at (561) 630-4922 and/or toll-free 1-877- 737-4922  at  least seven (7) days prior to the date of the particu­ lar meeting.
Meetings may be cancelled from time to time without adver­ tised notice.
PAL MAR WATER CONTROL DISTRICT
www.palmarwcd.org
Pub: Sep 27, 2021 TCN4924499

AMY KOKOTT
Notary Public State of Wisconsin

Publication Cost: $191.52
Ad No: 0004924499
Customer No: 1313370 PO#:

# of Affidavits: 1

The Pahn Beach Post
Palm 8 ach Daily N	I LOCALiQ

PROOF OF PUBLICATION
STATE OF FLORIDA

PUBLIC NOTICE
Before the undersigned authority, personally appeared Teal Pontarelli, who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida; that the attached copy of advertising for a Legal - PublicNotice
was published in said newspaper in issues dated: first date of Publication 09/27/2021 and last date of Publication 09/27/2021. Affiant further says that the said The Palm Beach Post is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper.
PAL MAR WATER CONTROL DISTRICT 2501 BURNS RD
STEA
PALM BEACH GARDENS, FL 33410-5207

Invoice/Order Number:	0000661272	
Ad Cost:	$264.88	
Paid:	$0.00	
Balance Due:	$264.88	

(Legal Advertising Agent)

Sworn or affirmed to, and subscribed before me, this 29th day of September, 2021 in Testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid,

Sfgned

j ,.-;;'if. 4·.. APRILJ.CONWAY
f ··ISl··f\ Commissioo#HH08628i
J t? .f} fa?ires May 2, 2025
, --·'lf.f::?. --- Boocled nru,roy Fai -	IQ0-3&S-1019

Please see Ad on following page(s).

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PAL MAR WATER CONTROL DISTRICT 2501 BURNS RD
STEA
PALM BEACH GARDENS, FL 33410-5207

Invoice/Order Number:
Ad Cost:
Paid: Balance Due:

0000661272
$264.88
$0.00
$264.88

PAL MAR WATER CONTROL DISTRICT FISCAL YEAR 2021/2022
REGULAR MEETING SCHEDULE
NOTICE  IS  HEREBY   GIVEN   that   the
Board of Supervisors of the Pal Mar Water Control District  vvill  hold  Regu­ lar Meetings at 9:30 a.m. in the Old Ju­ piter Tovvn Hall, 1000 Tovvn Hall Ave­ nue. Jupiter. Florida 33458, (**unless otherwise noted**) on the follovving dates:
October 7, 2021
November 4 .. 2021
December 2, 2021
January 6, 2022
February 3, 2022
March 3, 2022
April 7, 2022
May 5, 2022
**June 2, 2022**
August 4, 2022
September 1, 2022
**The June 2, 2022,  Regular vvill take

ty Commission Chambers,  Administra­ tive Center,  located  at  2401 SE  Monte­ rey Road, Stuart, Florida 34996 and vvill also	include	the	Landowners' Meeting.**

The purpose of the meetings is to con­ duct any all business  coming  before the Board. Copies  of  the  Agenda  for any of the meetings may be obtained from the District's vvebs1te or by con-
i;3'i; "2 2ih n t;iC:01r1 ; e;.;j/  j
4922.

From time to time one or more Super­ visors may participate by telephone; therefore., a speaker telephone vvill be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Meetings may be continued  as found necessary to a time and place specified on the re­ cord. If  any  person  decides to  appeal any decision made vvith respect to any matter considered at these meetings, such person vvill need a record of the

place at 10:00 a.m. in the Martin Coun­

f

!nt a nad:e   ii s on:dyo  h

proceedings is made at his or her ovvn expense and vvhich record includes the testimony and evidence on vvhich the appeal is based.

In accordance vvith the provisions of the Americans vvith Disabilities Act, any person requiring special accommoda­ tions or an interpreter to participate at any of these meetings should contact the District Manager at (S61) 630-4922 and/or toll-free 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting.

Meetings may be  cancelled  from  time to time vvithout advertised notice.
PALMARWATER CONTROL DISTRICT
www.palmarwcd.org
9-27/2021
000661272-01

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 9, 2021

CALL TO ORDER

District Manager Michael McElligott called the November 9, 2021, Regular Board Meeting of the Pal Mar Water Control District to order at 9:35 a.m. in the Jupiter Civic Center, 351 Old A-1-A, Carlin Park, Jupiter, Florida 33477.

PROOF OF PUBLICATION

District Manager Michael McElligott offered Proof of Publication which showed that notice of the Regular Board Meeting had been published in The Palm Beach Post and in The Stuart News on 10/29/2021, as legally required.

ESTABLISH QUORUM

A quorum was established with the following attendees:

Commissioner Maria Marino	Present	
Commissioner Harold Jenkins	Present	
Zach Gazza	Present	
Bob Berman	Present	
Lewis Lolmaugh	Present	

Also, in attendance were staff members:

District Manager Michael McElligott	Special District Services, Inc	
General Counsel Mary Viator	Caldwell & Pacetti, P.A.	
District Engineer Bob Higgins	Higgins Engineering	
Betsy Burden	Caldwell & Pacetti, P.A.	
Sam Palermo	Higgins Engineering	

Also, in attendance were several landowners and members of the public.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

APPROVAL OF MINUTES

August 5, 2021, Regular Board Meeting

Mr. McElligott presented the minutes of the August 5, 2021, Regular Board Meeting for review. A motion made by Commissioner Marino, seconded by Mr. Gazza, to approve the minutes as presented. The motion carried 5-0.

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 9, 2021

STATUS REPORTS

Legal – Status Report

District attorney Mary Viator stated that legal status report is included in the meeting book for review. She also stated that the rest of her items have their own agenda item later in the meeting.

Engineer – Status Report

Mr. Higgins noted that most of his items have separate agenda items later in the meeting. Mr. Higgins did inform the Board that Palm Beach County has released a plan of what they intend to do with their federal rescue plan act funds, and one of the items listed is
$4,000,000 for Pal-Mar land acquisition.

District Manager Report

Mr. McElligott stated that all his items are covered as separate agenda items.

OLD BUSINESS

Update Regarding Martin County Litigation

Mrs. Burden explained to the Board that oral arguments were held on September 28th, 2021. They expect a ruling to come out in the next 4-6 months.

Update Regarding Communication with FWC Regarding Maintenance Activity

Mr. Gazza explained that he was still waiting for confirmation that al-Mar WCD maintenance vehicles will not be affected by the new FWC vehicle policies. Mr. Reinert stated that Pal-Mar WCD maintenance will not be affected. Mr. Gaza asked that he receive that via email, to which Mr. Reinert said he would provide.

NEW BUSINESS

Discussion Regarding Ownership of Spoil Material from Canals

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 9, 2021

Mr. McElligott reminded the Board that this item was brought up by Mr. Lolmaugh at the previous meeting. The question is who is, or is not, allowed to use the spoil material removed from the canals. There was some question as to whether that material was owned by the District, or if it was the underlying landowner whose land the spoil material is on. Commissioner Marino asked if there was any canal dredging planned? Mr. Higgins answered no. Commissioner Marino then asked if the spoil would create a runoff problem. Mr. Higgins explained that the spoil is supposed to be slopped away from the canal to prevent any runoff issues. Commissioner Marino asked if there are currently any spoils out there being pilfered. Mr. Lolmaugh said yes, some of the landowners take the spoils on their land. Mr. Berman gave a little history and stated that he believes the spoil belongs to the underlying landowner unless Pal-Mar WCD needs it. Mr. Higgins stated that the water Management District procedure in these cases is that the landowner has to request the Water Management District to declare the spoil surplus, and then the landowner can use it. Mrs. Viator referenced an opinion issued that said that if Pal-Mar WCD is using the soil as its own works, it is Pal-Mar WCD ownership, if not, the landowner can use it as long as it does not adversely affect the works of Pal-Mar WCD. Mr. Gazza, using a projector he brough, put up a diagram of a canal so that the Board members could visualize the spoil in relation to a canal and the related easements. Commissioner Jenkins explained that if the land is in Martin County, that a landowner would need to have a permit from Martin County to move the spoil material. After a long discussion it was felt that between Mrs. Viators referenced opinion, and Commissioner Jenkins referenced permit requirements, landowners should now know the steps and stipulations to use the spoil on their land in Pal-Mar WCD.

Consider Granting of Drainage, Utility, and Ingress/Egress Easements to Landowners on the Map Over the District’s Three Parcels Extending from Beeline Highway to the Jupiter Grade

Commissioner Marino asked Mr. Viator if she has had enough time to do research on this item to be able to give the Board any recommendations. Mrs. Viator said no, she has not done enough research yet, but that the Board could discuss the item today and take no action until Mr. Viator has had some more time to research. Mr. Gazza displayed a map using his projector and gave a description of the property in question owned by Pal-Mar WCD. Mr. Gazza explained that granting the easement was an effort to make sure a future Pal-Mar WCD Board could not sell the property and cause a huge disruption to flow of easements across the District that Pal-Mar WCD needs for maintenance and the works of the District. By granting the proposed easements now it would connect everything. There was discussion among the Board and a question about the type of ownership Pal-Mar WCD has of this land. Mrs. Viator said she would need to do title work to verify those things. The Board directed Mrs. Viator to do the necessary research, including title work, to help her advise the Board on this issue. We will bring this item back at the next meeting.

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 9, 2021

	Consider Resolution No. 2021-04 – Adopting a Fiscal Year 2020/2021 Amended Budget

Mr. McElligott presented Resolution No. 2021-04 titled:

RESOLUTION NO. 2021-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PAL-MAR WATER CONTROL DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2020/2021 BUDGET, PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

Mr. McElligott presented the Amended Fiscal Year 2020/2021 Budget. After some Board discussion, a motion was made by Mr. Gazza, with a second from Commissioner Marino, to approve Resolution No. 2021-04 as presented. That motion carried 5-0.

ADMINISTRATIVE MATTERS

Discussion Regarding December and January Meeting Dates

Mr. McElligott stated that at this time there was nothing time sensitive pending Board action, so due to the holidays, he recommended canceling the December and January meetings. There was consensus among the Board to cancel those 2 meeting.

Financial Report

Mr. McElligott pointed out the financial report in the Board and answered any question of the Board.

Consider Invoices

The invoices were approved, as presented, on a motion made by Mr. Gazza, seconded by Mr. Lolmaugh, and the motion carried 5-0.

LANDOWNER ITEMS

There were no Landowner items.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public.

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 9, 2021

BOARD MEMBER COMMENTS

Mr. Lolmaugh commented that he had questions regarding the mowing and maintenance activity in the District. He asked if a representative from the maintenance contractor could come to meeting for questions. Mr. Gazza said he would ask the contractor to come to the meetings and Mr. McElligott said he would add “Field Report” to the agenda going forward.

ADJOURNMENT

There being no further business to come before the Board, at 10:39 am a motion to adjourn the meeting was made by Commissioner Marino, with a second by Commissioner Jenkins. The motion carried unanimously

Secretary/Assistant Secretary	Chair/Vice-Chair

MANLEY P. CALDWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR
WILLIAM P. DONEY FRANK S. PALEN JOHN A. WEIG
───────
OF COUNSEL BETSY S. BURDEN

CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP
ATTORNEYS AT LAW

1555 PALM BEACH LAKES BLVD. SUITE 1200
WEST PALM BEACH, FLORIDA 33401	 	_
www.caldwellpacetti.com
 	_

TELEPHONE: (561) 655-0620
TELECOPIER: (561) 655-3775
M E M O R A N D U M

TO:	Board of Supervisors of the Pal-Mar Water Control District FROM:	Caldwell Pacetti Edwards Schoech & Viator
DATE:	January 18, 2022

RE:	Legal Status Report for the February 3, 2022 Board of Supervisors’ Meeting

The following is a summary of the work in progress and status thereof for the Pal-Mar Water Control District:
Coordinated with the District re: Administrative Issues

Followed Up Regarding Appeal Relating to Non-Payment of District Assessments by Martin County and SFWMD

Title Search Report on Ownership of West 150 strip of land in Sections 18, 19 and 30, Township 40 South, Range 40 East per Board direction.

Page 1 of 1

MANLEY P. CALOWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR
WILLIAM P. DONEY FRANK. S. PALEN JOHN A. WEIG

OF COUNSEL
BETSY S. BURDEN

CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP
ATTORNEYS AT lAW

1555 PALM BEACH lAK.E BOULEVARD SUITE 1200
WEST PALM BEACH. FLORIDA 33401	 	
www.caldwellpacettl.com

TELEPHONE: (561) 655-0620
TELECOPIER: (561) 655--3775

MEMORANDUM

TO: FROM: DATE: RE:

Mary M. Viator, Esq. William P. Doney, Esq. December 22, 2021
Ownership of West 150' strip of land in Sections I 8, 19 and 30, Township 40 South, Range 40 East

A title search has been ordered and reviewed on behalf of the Pal Mar Water Control District in order to ascertain ownership and other outstanding interests in the above­ referenced real property in the area bmmded on the north  by the Jupiter-Indiantown Road and on the south by the right-of-way of the Seaboard Coastline Railroad. A copy of the Title Search Report is attached. Copies of the various documents referenced in the report are also available for review. In genera.I, the title search reveals the following:

l. Apparent title to the property is vested in the Pal Mar Water Control District (f/k/a Rotondo Water Conservation District). In 1971, the 150' strip was conveyed by Michael G. Phipps to Rotondo Water Conservation District by Deed recorded at ORB 329, page 2522. This conveyance is subject to reservations of 50% mineral and oil rights with rights of entry reserved by Southern States Land and Timber Corporation  by instruments recorded at Deed  Book 43, page 19 and 221 as well as a reservation of mineral rights by the Grantors in the Deed to Michael G. Phipps recorded at Deed Book 78, page 595.

There is also a Quit Claim Deed of record for th 150' strip from Palm Beach Heights Development & Sales Corp. to Rotondo Water Conservation District in 1971. (ORB 331, page 2081).

As noted in the Title Search Report, in addition to the outstanding mineral and oil interests, there are also some easements that may pertain to the property. (The legal descriptions in several of the documents are difficult to map precisely and I would defer to a review by the District Engineer as to exact locations of the Easements). However, in attempting to locate the Easements, I have utilized a Specific Pw-pose

Page2	December 22. 2021

Survey prepared by David M. Narro dated January 27, 2020. A summary of these potential interests, as referenced in the Title Search Report, are as follows:

A. Easement at Deed Book 45, page 187: Easement from Rex E. Beach to Palm and Pine Land Company. My reading of the legal description is that it does not apply to the 150' RJW.

8. Declarations of Easement at ORB 251, p 236; ORB 251, p 243; ORB 251, p 250; ORB 266, p 382; ORB 266, p 390. These documents grant easements either to Rotondo Water Conservation District or the general public. I would rely on the Narro survey for the location of these Easements. If accurately depicted on the Narro survey, none would impair the use of the subject 150' strip. To the extent that Easements granted to Rotondo Water Conservation District cross or intersect with the fee title later conveyed to and obtained by Rotondo (the 150' strip), the easements would have merged into the fee title ownership.

There is an Agreement and Stipulation of Settlement of Suit in a lawsuit styled "State of Florida, et. rel. Robert L. Shevin, Attorney General v Pal Mar Water Control District" recorded at ORB 390, page 496. The Agreement pertains to the entire District and its Plans of Reclamation and would not seem to have any specific application to the 150' strip.

The Property Appraiser shows the strip as being owned by Pal Mar Water Control District. See PIN 30-40-40-000-000-00010-7; l 9-40-40-000-000-00020-8 and l 8- 40-40-000-000-00031-7.

Please let me know if you have any questions or would like additional infonnation.

• •	1

TITLE SEARCH REPORT

Fund File Number: 1184018

The information contained in this title searclt is being furnished by Attorneys' 1ille Fund Senrices, LLC. Qlhis report is lo be used by a title insurance agent/or evaluation and determinaJion of insurability by the agent prior to tire issuance of tide insurance. the11 the agenl sl,all have liability for such work.

Provided For: Caldwell Pacetti Edwards Schoech & Via1or, P.A

After an examination of this searcl, the Agent must:

Agent's File Reference: H0020l4

Evaluate all instruments, plats and documents contained in the repon.

Include In the Commitment under Schedule B, any additional requirements and/or exceptions you find necessary from your analysis of the surveys, prior title evidence or other relevant injormaJion from the transaction.

C		Verify the status of corporations and limited partnersl,ips and other business e11tities with the appropriate governmental agency or other authoriJy.

Determine whetl1er the property has legal access.

Determine if any unpaid municipal taxes or assessments exist, which are not recorded in the Official Records Books of the county.

Determine whet/1er any portion of d,e property is submerged or artificially filled, if the property borders a body of water, and if riparian or littoral rights exist.
The informah'on provided lierein does not include a search of federal liens and judgment liens filed wiJ/t the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, wl1icl1 designate t/1e Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes:

Pursuant to Sec. 713.901, et seq., F.S., personal property indudes, buJ is not limited to, mortgages, lea.se/,olds, mortgages on lea.sel,olds, interests in cooperative associaJions, vendees• interests, and options wl1en those interests are l,eld by a partnership, corporation, trust or decedent's estate; and

Pursuant to Sec. 55.201, et seq., F.S., personal property Includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of tlte type of entity holding suclt interests, including individuals. (tiote: Mortgages have been specifically excluded from tl,e personal property interests In wit/ch a judgment lien may be acquired under the provisions of Sec.. 5S.201, el seq., F.S.)

Prepared Date: December 6, 2021

Prepared by: Nancy Ascanio, Examiner Phone Number: (800) 344-6645 x65 I0 Email Address: NAscanio@thefund.com

Attorneys' Title Fund Services, LLC

Rev. 12/10	Page 1 of 5

' \ '

TITLE SEARCH REPORT

Fund File Number; 1184018

Effective Date of approved base title information: August 23, 1971 Effective Date of Search: November 29, 2021 at I I :00 PM Apparent Title Vested in:
Pal-Mar Water Control District formerly Rotonda Water Conserva1ion District, a duly constituted
drainage district under Chapter 298

Description of real property lo he insured/foreclosed situated in Manin County, Florida.

That part of Sections 18, 19 and 30f of Township 40 South, Range 40 East, Martin County, Florida,
bounded as follows:

On the West by the West line of said Sections; on the East by a line 150 feet easterly from, measured at right angles to, the West line of said Sections; on the North by the Jupiter-Indiantown Road which passes through said Section 18; and on the South by the right-of-way of the Seaboard Coastline Railroad Co. (formerly the Seaboard Air Line Railroad).

Munlments of Title, including hankruptcy,foreclosure, quiet title, probate, guardianship and
incompetency proceedings, if any, recorded in tl,e Official Records Books of the county:

Deed from Michael G. Phipps to Rotonda Water Conservation District, a duly constituted drainage district under Chapter 298, recorded August 23, 1971 in O.R. Book 329, Page 2522, Public Records of Martin County, Florida.
Quit Claim Deed from Palm Beach Heights Development & Sales Corp. to Rotonda Water Conservation District, recorded October 27, 197 l in O.R. Book 331, Page 2081, Public Records of Martin County, Florida.

Mortgages, Assignments and Modifications:

I •	Nothing Found

Otl,er Property liens:

I.	Nothing Found

Restrictions/Easements:

I.	Easement contained in recorded in Deed Book 45. Page 187, Public Records of Manin
County, Florida.

Rev. 12/10	Pagel ofS

-f'

Fund File Number. 1 I 840 I 8

TITLE SEARCH REPORT

2·.

Reservations and Easements contained in Warranty Deed recorded in Deed Book 78_ Page
595, Public Records of Martin County, Florida.

Oil, gas, mineral, or other reservations as set forth in deed by Southern States Land & Timber Corporation recorded in Deed Book 43, Page 19, Public Records of Martin County, Florida and Deed Book 831, page 523 in Palm Beach County, Florida. No detennination has been made as to the current record owner for the interest excepted herein.
Declaration of Easement recorded in O.R. Book 251, Page 236; O.R. Book 25 l, Page 243;
C.R. Book 25 l, Page 250; C.R. Book 266, Page 382; 0.R. Book 266, Page 390, Public
Records of Marrin County, Florida.
All matters contained on the Plat of The Rotonda Drainage District as recorded in Plat Book
4. Page 69, Public Records of Martin County, Florida.
Conditions contained in Agreement and Stipulation recorded in O.R. Book 390, Pae:e 496. Public Records of Martin County, Florida.
Subject to automatic phosphate, metals, minerals and petroleum reservations by virtue of Sec. 270.11(1), F.S., under deed recorded in C.R. Book 329, Page 2522, Public Records of Manin County, Florida.
Rights of the lessees under unrecorded leases.

0//,er Encumbra11ces:

l.   Nothing Found

REAL PROPERTY TAX INFORMATION ATI ACHED

Proposed Insured:

NIA

A 20-year name searclt was nol performed on tl,e proposed insured. It is tl,e agent's responsibility to obtain a name searc/1 if a loan policy to he issued based on this product is other than a I00% purchase money mortgage.

STANDARD EXCEPTIONS

Unless satisfactory evidence is presented to the agent eliminating tlte need for standard exceptions, the following should be made a part of any commitment or policy.

General or special taxes and assessments re.quired to be paid in the year 2021 and subsequent years.

2.	Rights or claims of parties in possession not shown by the public records.

Rev.12/10	PageJ ofS

' '..

TITLE SEARCH REPORT

Fund File Number: 1184018

Encroachments, overlaps, boundary line disputes, and any other matters whic/1 would be disclosed by an accurate survey and inspection of t/1e premises.

Easements or claims of easements not shown by the public records.

Any lien, or right to a Iien,Jor servi es, labor, or material heretofore or l1ereafter furnlsl,ed, imposed by law and not shown by the public records.

Any owner policy issued pursuant l1ereto will contain under Schedule B tl1efo/lowing exception: Any adverse ownenhip claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged,fi//ed and artificially exposed lands, and lands accreted to such lands.

Federal liens and judgment liens, if any, filed with the Florida Department of State purs11ant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, wl1ich designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes:

Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leasel1olds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options wl1en those interests are lteld by a partnership, corporation, trust or decedent's estate; and

Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of 1/,e type of entity holding sue/, interests, including individuals. (lj_ote: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.)

Any lien provided by County Ordinance or by Cl,apter 159, Florida Statutes, in Javor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality.

Tl,e report does not cover bankruptcies or other matters filed in the Federal District Courts of Florida.

In foreclosure proceedings, title sl,ould be examined between the effective date of I/tis report and the recording of tl,e /is pendens to assure that all necessary and proper parties are joined. Consideration should be given to joining as defendants any persons in possession, other than the record owner, and any parties, other than those named herein, known to the plaintiff or the plaintiffs anorney and having or claiming an interest in tl,e property.

Prior to issuance of any policy of title insurance underwritten by Old Republic National Title Insurance Company, the agent must obtain and evaluate a tide search for the period between the effective date of this Title Search Report and the recording date(s) of the instruntent(s) on which the policy is based.

Rev. 12/10	Page 4 of 5

TITLE SEARCH REPORT

Fund File Number. 1184018

If t/,is product is not used for the purpose of issuing a policy, then the maximum liabi/i'ty for incorret:I informaJion is 51,000.

Note: The Agent is responsible for obtaining underwriting approval on any commitment prepared from this product in tl,e amount of SI,000 000.00 or more.

Rev. 12/10	Page 5 of S

Pal Mar Water Control District
Budget vs. Actual
October through December 2021

	Oct - Dec 21		21/22 Budget		$ Over Budget		% of Budget	
Ordinary Income/Expense								
Income								
363.100 · O & M Assessments	39,429 65		478,278 00		-438,848 35		8 24%	
363.830 · Assessment Fees	-588 82		-2,492 00		1,903 18		23 63%	
363.831 · Assessment Discounts	-1,547 43		-4,984 00		3,436 57		31 05%	
369.400 · Other Income	0 00		12,000 00		-12,000 00		0 0%	
369.401 · Interest Income	37 07		360 00		-322 93		10 3%	
512.999 · Uncollectable Assessments	0 00		-353,687 00		353,687 00		0 0%	
Total Income	37,330 47		129,475 00		-92,144 53		28 83%	
Gross Profit	37,330 47		129,475 00		-92,144 53		28 83%	
Expense								
511.310 · Engineering	2,613 85		28,000 00		-25,386 15		9 34%	
511.311 · Management Fees	6,000 00		24,000 00		-18,000 00		25 0%	
511.315 · Legal Fees	5,498 48		30,000 00		-24,501 52		18 33%	
511.318 · Assessment/Tax Roll	0 00		5,000 00		-5,000 00		0 0%	
511.320 · Audit Fees	0 00		3,900 00		-3,900 00		0 0%	
511.450 · Insurance	5,706 00		8,300 00		-2,594 00		68 75%	
511.480 · Legal Advertisements	175 44		2,100 00		-1,924 56		8 35%	
511.512 · Miscellaneous	319 54		5,000 00		-4,680 46		6 39%	
511.513 · Postage and Delivery	21 02		2,000 00		-1,978 98		1 05%	
511.514 · Office Supplies	70 50		2,000 00		-1,929 50		3 53%	
511.515 · Website Management Fee	375 00		1,500 00		-1,125 00		25 0%	
511.540 · Dues License & Subscriptions	175 00		175 00		0 00		100 0%	
511.999 · Contingency	0 00		5,500 00		-5,500 00		0 0%	
512.305 · Maintenance Contract	3,000 00		12,000 00		-9,000 00		25 0%	
Total Expense	23,954 83		129,475 00		-105,520 17		18 5%	
 et Ordinary Income	13,375 64		0 00		13,375 64		100 0%	
 et Income	13 3 5.64		0.00		13 3 5.64		100.0%	

Bank Balance As Of 12/31/21	$ 199,472 57	
Investment Acct Balance As Of 12/31/21	$	41,607 87	
Accounts Payable As Of 12/31/21	$	5,256 18	
Accounts Receivable As Of 12/31/21	$	-	
Total Fund Balance As Of 12/31/21	$ 235,824 26	

2:17 PM
01/14/22
Accrual Basis

Pal Mar Water Control District
Custom Transaction Detail Report
October 27, 2021 through January 14, 2022

	Type		Date			Num		Name		Memo	Debit		Credit		Balance	
Caldwell Pacetti Edwards Schoech & Viator																
Legal Fees	Bill Pmt -Check		11/01/2021		1785			Caldwell Pacetti Edwards Schoech & Viator			6,963.10				-6,963.10	
	Bill		11/15/2021		129489			Caldwell Pacetti Edwards Schoech & Viator		Invoice # 129489 Legal Services - thru 11/15/21			3,960.48		-3,002.62	
	Bill Pmt -Check		12/01/2021		1790			Caldwell Pacetti Edwards Schoech & Viator		Invoice # 129489 Legal Services - thru 11/15/21	3,960.48				-6,963.10	
	Bill		12/15/2021		129574			Caldwell Pacetti Edwards Schoech & Viator		Invoice # 129574 Legal Services - thru 12/15/21			1,538.00		-5,425.10	
	Bill Pmt -Check		01/01/2022		1796			Caldwell Pacetti Edwards Schoech & Viator		Invoice # 129574 Legal Services - thru 12/15/21	1,538.00				-6,963.10	
Total Caldwell Pacetti Edwards Schoech & Viator
Higgins Engineering, Inc.											12,461.58		5,498.48		-6,963.10	
Engineer Fees	Bill		11/15/2021		2005			Higgins Engineering, Inc.		Inv #2005 Engineer Services 09.16.21 - 11.15.21			2,613.85		2,613.85	
	Bill Pmt -Check		12/01/2021		1791			Higgins Engineering, Inc.		Inv #2005 Engineer Services 09.16.21 - 11.15.21	2,613.85				0.00	
Total Higgins Engineering, Inc.											2,613.85		2,613.85		0.00	

Special District Services, Inc.
Management Fees	Bill	10/31/2021	2021-2184	Special District Services, Inc.	Management Fees			2,226.40		2,226.40	
	Bill Pmt -Check	11/01/2021	1788	Special District Services, Inc.	Management Fees	2,226.40				0.00	
	Bill	11/30/2021	2021-2298	Special District Services, Inc.	Management Fees			2,221.10		2,221.10	
	Bill Pmt -Check	12/01/2021	1794	Special District Services, Inc.	Management Fees	2,221.10				0.00	
	Bill	12/31/2021	2021-2513	Special District Services, Inc.	Management Fees			2,338.56		2,338.56	
	Bill Pmt -Check	01/01/2022	1798	Special District Services, Inc.	Management Fees	2,338.56				0.00	
Total Special District Services, Inc.
 	Miscellaneous							6,786.06		6,786.06		0.00	
Department of Economic Opportunity											
	Bill Pmt -Check	11/12/2021	1789	Department of Economic Opportunity	Invoice #84420 FY 2021/2022 Special District Fee	175.00				-175.00	
Total Department of Economic Opportunity						175.00		0.00		-175.00	
Lumberjack Land Management LLC											
	Bill	10/27/2021	1017	Lumberjack Land Management LLC	Inv#1017 Lawn Maint Oct 2021			1,000.00		1,000.00	
	Bill Pmt -Check	11/01/2021	1786	Lumberjack Land Management LLC	Inv#1017 Lawn Maint Oct 2021	1,000.00				0.00	
	Bill	11/30/2021	1018	Lumberjack Land Management LLC	Inv#1018 Lawn Maint Nov 2021			1,000.00		1,000.00	
	Bill Pmt -Check	12/01/2021	1792	Lumberjack Land Management LLC	Inv#1018 Lawn Maint Nov 2021	1,000.00				0.00	
	Bill	12/31/2021	1019	Lumberjack Land Management LLC	Inv#1019 Lawn Maint Dec 2021			1,000.00		1,000.00	
	Bill Pmt -Check	01/01/2022	1797	Lumberjack Land Management LLC	Inv#1019 Lawn Maint Dec 2021	1,000.00				0.00	
Total Lumberjack Land Management LLC						3,000.00		3,000.00		0.00	
PBN (Newspaper)											
	Bill	10/29/2021	I00667034-10292021	PBN (Newspaper)	Invoice # I00667034-10292021 Notice of Special Board Mtg		175.44		175.44	
	Bill Pmt -Check	11/01/2021	1787	PBN (Newspaper)	Invoice # I00661272-09272021  FY 21/22 Mtg Sche	79.12				96.32	
	Bill Pmt -Check	12/01/2021	1793	PBN (Newspaper)	Invoice # I00667034-10292021  Notice of Special B     175.44				-79.12	
Total PBN (Newspaper)					254.56		175.44		-79.12	
Treasure Coast Newspapers										
	Bill Pmt -Check	12/01/2021	1795	Treasure Coast Newspapers	432676	191.52				-191.52	
	Bill Pmt -Check	01/01/2022	1799	Treasure Coast Newspapers	432676	379.62				-571.14	
Total Treasure Coast Newspapers					571.14		0.00		-571.14	
TOTAL					25,862.19		18,073.83		-7,788.36	

Page 18