R99-089RESOLUTION NO. R99-8~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXTION BETWEEN THE CITY OF
BOYNTON BEACH AND CASCADE LAKES, LTD, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the
City Limits, but within the City's designated water and sewer
service area, on the west side of Military Trail between Golf
Road and Pipers Glen Boulevards, comprising approximately
223.218 acres; and
WHEREAS, City policy requires annexation of the property
to be serviced at the earliest practicable time, as a
condition of the granting of water services outside its
3urisdictional limits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMmiSSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a Water Service Agreement
between the City of Boynton Beach, Florida and Cascade Lakes,
Ltd., said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this _~O day of July, 1999.
~.ON P~ACH, FLORIDA
Vic~eMayor '
Mayor Pro Tem
Commissioner
CORPORATE AND PARTNERSHIP RESOLUTION
The undersigned President and Secretary of Northstar Holdings, Inc., a Florida
corporation, which is the sole general partner of Northstar Holdings, Ltd., a Florida
limited partnership (the "Partnership") and Northstar Holdings, Ltd., a Florida limited
partnership on its own behalf hereby certify that:
1. The Partnership is a duly formed, validly existing limited partnership under the laws
of the State of Florida.
2. The Partnership is a general partner of Cascade Lakes, Ltd., a Florida limited
partnership. The only other general partner of Cascade lakes, Ltd. Is BankAtlantic
Venture Partners 5, Inc.
3. Northstar Holdings, Inc. is a duly formed, validly existing corporation under the laws
of the State of Florida and is the only general partner of Northstar Holdings, Ltd.
Northstar Holdings, Inc. as general partner has the authority by its actions to fully
bind the partnership of Northstar Holdings, Ltd.
4. Northstar Holdings, Inc. and Northstar Holdings, Ltd. Have adopted the following
Resolutions and the same have not been revoked, canceled, annulled or amended in
any manner and are in full force and effect on the date hereof.
RESOLVED
That David Ettinger, as President of Northstar Holdings, Inc. is authorized on behalf
of Northstar Holdings, Inc. acting as general partner of Northstar Holdings, Ltd.,
acting as general partner of Cascade Lakes. Ltd. to execute and enter into a
Developers Agreement with Boynton Beach Water Utility.
5. David Ettinger represents and warrants that the above information is true and correct
and that he is the President and Secretary of Northstar Holdings, Inc.
IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seal, as of
the __ day of June, 1999.
Northstar Holdings, Ltd.,
A Florida limited partnership
By Northstar Holdings, Inc.,
As ~xeneral Partner
.\
C"~avid Ettinger
Northstar Holdings, Inc.,
A Florida Corporation
C"~David Ettinger
Jun 25 99 12: 15p Land Design South 478-5012
i
']TIIR II, ISTR UME]qT PREPARED ~ ¥:
James A. Cherof, ESquire
Josias & Goren, ]P.A.
3099 East Commercial Blvd.
~ ei~e 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I/We, Cascade Lakes, Ltd., hereinafter "Grantee", hereby make, constitute, and appoint
THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in
Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the
power to initiate, maintain, and complete a voluntary petition for annexation of the real property
described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF
BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish
annexation by any available means. The real property which is the subject of this power is
described as follows:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA,
shall commence and be in full force and effect on the 25th day of June I999 and the powers and
authority shall be irrevocable by Grantee.
Jun
25 99 12: 15p Land Design South 47B-5012
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 25th day of June,
in the year one thousand nine hundred and ninety nine,
Sealed and delivered in the presence of
Witness
STATE OF FLORIDA )
COUNTY OF PALM BEACIJ
) ss;
THE FOREGOING INSTRUMENT was acknowledged before me this 25th day of June,
1999, by David Ettinger who is known to me and who did/did not take an oath.
NOfi~Ry PUBLIC/.,';...9``3 - .~
Type or Print Name /' ~
My Commission Expires: Commission No. __
POA.1ND
Nm:PPRINT :8237,
WILL CALL BOX #69~~
Prepared by and Return to:
CHARLES A. LUB1TZ, Esquire/aza
Boose, Casey, Cildin, Lubitz,
Martens, McBane & O'Connell
17th Floor - Northbfidge Tower I
515 North Flagler Drive
West Palm Beach, Florida 33401
Jan-19-1999 $1:5~pa
Cea ll,6~e~B.~8 Doe 81~6~.~
IIIII IIIIIIIIII IIIIIIIII l I!! IIIII II Illlll III II IIIIIJ
TRUSTEE'S DEED
TI~S TRUSTEE'S DEED made and executed the ~ of Ct~t~t~ ~
by PAUL H. BRIGER and PATRICIA B. LESTER, as Trustees o'f the Brigtr Tmstuader
Declaration of Tmst dated August 18, 1980, whose post office address is c/o 7 Via Los Incas. Palm
Beack Florida 33480, hereinafter called the Grantor to CASCADE LAKES, LTl)., a Florida Limited
Partnership, whose Tax Identification Number is unavailable , and whose post office address is
6561 Cascade Isles Boulevard: Boynton Beach_ Florida 33437 , hereinafter called the Grantee.
WITNESSETH: That Grantor for and in consideration of the sum of $10.00 and other
valuable consideration, receipt whereof is hereby acknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate
in Palm Beach County, Florida, viz:
The Southeast quarter (SE 1/4) of Section 35, Township 45 South, Range 42 East.
LESS AND EXCEPT the following described parcels:
The Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of Section 35, Township 45 Soutl~ Range 42 East.
TI~ Right-of-Way for Military Trail including that propa'ty described in tl~ Stipulated Order
of Taking recorded in Official Record Book 3728, Page 654, Public Records of Palm Beach
County, Florida
Thc North 65 fe=t of tl~ East om half (E 1/2) of the Northeast quarter (bib 1/4) of the
Northeast quarter CNE 1/4) of thc Southeast quarto- (SE 1/4) of Stolon 35, Township 45
South, Ra~ 42 EasL
4. The Right-of-Ways for Lake Worth Drainag~ District L-27, L-28 and F,-3 Canals
Parcel Identification Number: 00-42-45-35-00-000-5010
SUBJECT TO: Comprehensive land use plans, zoning, restrictions, prohibitiom and other
requirements imposed by governmental authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of record, taxes for the year of 1999
and subsequent y _e~rs.
I I
III I
Nm:PPRINT~
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
IN WITNESS WItEREOF, the said Grantor has signed and sealed these presents the day
and year first above written
Signed, sealed and delivered
in the presence of.'
WITNESSES AS TO
PAUL H.
BP~. GER/'~ Tmstee~...~
Sign~
Prifit: _~,~/~ ~ra,//~
P
PAUL H. BRIGER, as Trustee
WITNESSES AS TO
PATRI~ B. LESTF~ as Trustee
Print--
Print: CH_~ ~:tultrl=Z
PATRICIA B. LESTER, as Trustee
STATE OF NEW YORK
coumvoF
The foregoing instnma~t w~s aeknowledgexl ~fom ~ ~ ~ of ~, 1998,
Notary~New Yc~k .
No~T1Tmt Nmt~ ~ , !
(NOT.4RY SE~IL)
IIIll II
2
I
~:8237,
DEB :L ~ZmE~TC:J pg 1 .q-~
I)OROTHY H. WILKE]~ CIERA Pl)I~y, FL
me _,--t998, by
(indicate form of id~ntifioation) (if le~t blank lx:rsonal knowledg~ existed) as
idenfifi~tio~_
OFFICIAL NOTARY SEAL
ANN ZANDERS
COMMISSION NUMBER
CC739406
MY ~SS~ON EXR
JUNE 7, 2002
No~-yPu~r~St~of ~-~0~_~,
Notary P~t N~e:
~N ~ ~D~
lVly Commi-~oll Ex'ph~:
(NOT.4RY SF~L)