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Creekside BoulevardTO: FROM: DATE: RE: Memorandum Ellie Hoffman, Senior Clerk Clerk of Courts/Minutes & Records J. Keith Gome ..e.e.e.e.e.e.e.e.~~. _ Sr. Propert~y~ri'isition Specialist Real Prol~ Management Department December 26, 2001 Granada Shoppes PUD/Creekside Commerce Park PUD - Creekside Boulevard Please find attached one (1) original recorded Grant of Easement, one (1) original recorded Consent and Joinder to Mutual Use Agreement and one (i) original recorded Subordination of Utility Interests for the above-mentioned project. The Board of County Commissioners of Collier County, Florida approved this project on November 14, 2000, pursuant to Agenda Item #16(B)6. Please contact me at extension 8845, if you have any questions or comments. Thank you. attachments as stated Office of the Real Property Management Department This Inslrmnent Prepared By: Daniel H. Cor~ Esquire Young, vmi Assenderp, Vamadoe & Anderso~ P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 PROJECT: Creekside Boulevard Extension PARCEL: I & II FOLIO: 00167800004 & 00168040601 2819189 OR: 2850 PG: 2368 RRCORDID B10~ICIA~ RI~CORD8 of COLLIRR COUN?¥, PL 06/28/2001 at 0t:27PH DWIGBT B. BROCK, CLBRK REC ~EE 91.50 INDBIIN$ 12.00 DOC°.?0 .70 COPIES 20.00 RIAL GRANT OF EASEMENT THIS EASEMENT, made and entered into this /qt4~ day of by OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, whose post office address is c/o Barton Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, and OCEAN BOULEVARD PARTNERSHIP 1I, a Florida general partnership, whose post office address is c/o Barton Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, hereinafter singularly or collectively referred to as "Grantor," to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "Grantee." (Wherever used herein the term "Grantor" includes both Ocean Boulevard Partnership, a Florida general partnership, and Ocean Boulevard Partnership II, a Florida general partnership, their respective heirs, legal representatives, successors and assigns, and is used for singular or plural, as the context requires. The term "Grantee" shall refer to Collier County, a political subdivision of the State of Florida.) (Grantee hereby acknowledges that assignment of its fights under this Grant of Easement is prohibited without the prior written consent of Grantor.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for road right-of-way, sidewalk, drainage, installation and operation of streetlights, and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference (the "Property"). Subject to easements, restrictions, and reservations of record TO HAVE AND TO HOLD the same unto the Grantee, for the purpose of constructing, operating and maintaining road right-of-way, sidewalk, drainage, and streetlight facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. RESERVING, HOWEVER, UNTO GRANTOR, its successors and assigns, the right to install and maintain landscaping within the easement hereby granted, and to erect, construct and maintain such signage as is consistent with County regulations and typically associated with developments of the type contemplated for Grantor's property adjacent to the easement as approved by Collier County Ordinance No. 98-91 creating the Granada Shoppes PUD, including but not limited to, project directory signs; provided, however, any rights reserved by Grantor shall be subordinate to Grantee's right to redesign the roadway or otherwise use the easement for road purposes. '11415 CONVEYANCE ACCEPTED BY THE BOARO OF C~ C~LIER C~, FLORIDA, Page 1 DATED: ll-t~-oO I~N ~. ~¢ B ~ILE N UMBF~B I OR: 2850 PG: 2369 GRANTOR AND GRANTEE further acknowledge and agree, that Grantor wilt construct road improvements, drainage facilities, street lighting and landscaping within the easement area pursuant to the Developer Contribution Agreement entered into between Grantor and Grantee on or about November 14, 2000 (the "Improvements"). Grantee, hereby covenants with Grantor, Grantor's heirs, successors and assigns, that Grantee, from time to time, after acceptance of the roadway, will repair and maintain in a proper, substantial and workmanlike manner the above described Improvements. 1N WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed the date and year first above written. This Grant of Easement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. AS TO GRANTOR: Signed, sealed and delivered in the presence of: Witn~ess Print, qqame. Witness Print Nme OCEAN BOULEVARD PARTNERSHIP a Florida general partnership L~nar Gable, as a Partner STATE OF COUNTY OF The foregoing instrument was acknowledged before me tNs day of by Lamar Gable, as a Partner. He is pers_._onally known to me or has produced identification and did not take an oath. ,2000, as (Notary Seal) ~."&V~;;t,, Susan L, Matur0 Notary Public Printed Name: My Commission Expires: Page 2 OR: 2850 PG: 2370 ~)~nessjERRIE L. SHEPPARD ~Name ~ness ~ SANDRAP. THOMAS Print Name Frances G. Vill~-e, a~ a-lC'~rt~e~ STATE OF ~T/L'~,'~t~ ~ COUNTY OF ~oth'e(- The foregoing instrument was acknowledged before me this /Oi~lay of 2000, by Frances G. Villere, as a Partner. She is personally known to me or has produced as ~denUhcat~on and did not take an oath. (Notary Seal) J, ..~,,~'~,,,;..,,, ~u~" ~. .~" -t I1>~:~ ~.,.,s:Am121.~ /I It'~'.~,~'~ ,~~t Notary Public ~7/ Printed Name: ~u~ My Commission Expires: /-t' Page 3 OR: 2850 PG: 2371 Witness Prin, t/l~ame Print Name Barton Collier III, as a Partner STATE OF COUNTY OF Q..O~/..le'5o~ The foregoing instrument was acknowledged before me this 9'/g day of [~ 2000, by Barton Collier III, as a Partner. He is iae, rsonall7 known to mt or has produced as identification and did not take an oath. (Notary Seal) ....~ ... Susan 1,, Maturo 7.&, I{H~ 1~'-- Expires O~t. 15,2004 Notary Public Printed Name: My Commission Expires: /~//~/0~ Page 4 OR: 2850 PG: 2372 Print Name. JERRIE L ~"IEPPARD Print Name STATE OF ~.0t~4P~ COUNTY OF C..OL. kJ t~'3~ The foregoing instrument was acknowledged before me this /~)~day of [~ 2000, by Juliet C. Sproul, as a Partner. ~lly know__n to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed Name: .~,OS,,~L./~,q rotes3 My Commission Expires:'Il~]~][5]~ Page 5 OR: 2850 PG: 2373 OCEAN BOULEVARD PARTNERSHIP H aFloridageneralpartnership -L/am~}-~/['ble, as a Partner of Ocean Boulevard Partnership II STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 9)l~day of 2000, by Lamar Gable as a Partner of Ocean Boulevard Partnership II, a Florida general partnership. He is persona!ly known to me or has produced as identification and c~ not take an oath. (Notary Seal) ~'~'[VgI',, Susan L. Maturo ~x~'~ ~ '-. . , ~¢-1~)~ Exp~ea O~ 15,2~4 Notary Public Printed name: My Commission Expires: Page 6 OR: 2850 PG: 2374 CITRUST, a Louisiana Partnership, as a Partner of Ocean Boulevard Partnership II  ame SAND ....... lOMAS Print name pher D. Villere, as a Partner of Citrust STATE OF ~ ~/"~ COUNTY OF tO The foregoing instrument was acknowledged before me this ]~i_O'~lay of 2000, by Christopher D. Villere as a Partner of Citrust, as Partner of Ocean Boulevard Partnership 11, a Florida general partnership. He is.personally kno_9__g~tn m~ or has produced __ as identification and did not take an oath. (Notary Seal) Notary Public (/ Printed Name: My Commission Expires: Page 7 OR: 2850 PG: 2375 w~ness JERRIE L SHEJa~ARD Prinff/Name ~aess SANDRA P. THOMAS Print name - I~l~.tt[lde V~'~urrence ~'orrne~y'known as Mathilde B. Villere, as a Partner of Citrust STATE OF F[Ot~J Ch'Pt COUNTY OF The foregoing instrument was acknowledged before me this /¢-n-~ay of Ad,.-ltcr}t ~'/"-., 2000, by Mathilde V. CmTence, formerly known as Mathilde B. Villere, as a Partner of Citrust, as Partner of Ocean Boulevard Partnership Il. She is. personally known m meor has produced as identification and did not take an oath. (Notary Seal) Notary Public(/ Printed Name: sus~ J. tlELSON My Commission Expires: Page 8 OR: 2850 PG: 2376 PrinivName ,~ ~it~ess SANDRA P. THOMAS Print Name BY: Lamar G. Villere, as a Partner of Citrust STATE OF ~ The foregoing instrument was acknowledged before me this *(-~¥d~ay of .A.)C~U oax.~,3 ~, 2000, by Lamar G. Villere, as a Partner of Citrust, as Partner of Ocean Boulevard Partnership Il, a Florida general partnership. He is personally known to me or has produced as identification and did not take a-fi-'oath (Notary Seal) 8U8~1J. HEm0H Printed name: My Commission Expires: ~ 'c,~/-c)OOI Page 9 ~[ BARRON COtLi?R OR: 2850 PG: 2377 Witness GBYT PARTNERSHIP, a Florida general Partnership, as a Partner of Ocean Boulevard Partnership ll .Iq ( / katherine G Sproul, as ~ P~rh~e~- of Gift. Paanership Wi~ffess JERRIE L. SHEPPARD PrintName STATE OF COUNTY OF C-O&I.-IE'/g The foregoing instrument was ac~owledged before me t~s lb day of ,-v~j 2000, by Katherine G. Sproul, as a P~ner of Gift P~ners~p, as Pa~ner of Ocean Boulevard Pa~ners~p II, a Florida general panners~p. She is personflly ~own to ~e or has produced as identification and did not t~e ~ oath. (Notary Seal) ~:2~?, Susan L. Maturo ~' ~'%. Commh~on # CC ~7157 ~Al ~ ~4~ E~es O~ 15,2~4 Notary Public Printed name: My Commission Expires: loll Page 10 OR: 2850 PG: 2378 Witness LEA ANN KORN Print Name Witness DORIS J. LEWIS PrintName BY: 2'~0~.,~./~. ~ ~ j, 0 ~x~ )a.~ ) 0[enni't~r/~. St~li~aat~, t~'rr~y known a~ Jennifer A. Sproul, as a Partner of Girl Partnership STATE OF Fior._i 3 q COUNTYOF Collie c- The foregoing instrument was acknowledged betbre me this [0t:~tay of T%b%~m ~,l 2000, by Jennifer S. Sullivan, formerly known as Jennifer A. Sproul, as a Partner Gilt Partnership, as Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. Il .¢~'~:~?;:,. KlM D. DAVIDSON ' ' Il CNo~ary ~eal) - - - ' Notary Public Printed name: KlM D. DAVIDSON My Commission Expires: 2_-[q- o-L Page 11 OR: 2850 PG: 2379 W~essj£RRIE L. SHEPPARD Print?Name SANDRA P. THOMAS Print Name BY: ie A. Sproul, as a Partner of Gill Partnership STATE OF t) £'1' COUNTY OF _fl~ I l The foregoing instrument was acknowledged before me this/q--~ay of 2000, by Julie A Sproul, as a Partner of Gilt Partnership, as a Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally k_~onown to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public k/ Printed name: 8USNi J. NEL80N My Commission Expires: 4-oLl-~ot)l Page 12 OR: 2850 PG: 2380 JERRIE L. SHF~oPA~D Print Name BARRON G. COLLIER IV IRREVOCABLE TRUST, as a Partner of Ocean Boulevard Partnership Il ~_.~t~l~-et C Sproul, as T~stee STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this/ff~day of ~ 2000 by Juliet C. Sproul, as Trustee of Barron G. Collier IV Irrevocable Trust, on behalf of the Trust, as a Partner of Ocean Boulevard Partnership 11, a Florida general partnership. She is,_ ~own__L~ mo or has produced and did not take an oath. (Notary Seal) as identification Notary Public Printed name: My Commission Expires: [0/['4~"r/~/7- Page 13 LBARRON COLliER CO OR: 2850 PG: 2381 Witnes% W~Jess JERRI£ Print Name ALEXANDRA EDEN COLLIER IRREVOCABLE TRUST as a Partner of Ocean Boulevard Partnershil~II '~liet C. Sproul, hs ~t~ STATE OF COUNTY OF The foregoing instrument was acknowledged before me this IO' day 2000 by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable Trust, on behalf of the Trust, as a Partner of Ocean Boulevard Partnership 11, a Florida general partnerstfip. She is versona, jly known t,._o m.e_ or has produced as identification and did not take an oath. (Notary Seal) ,,,,"",,, Susan L. Maturo ~;~;~ Commission # CC 967157 %~ Bonded ~m '~0~* A antic B0n~ng Cm., Iuc Notary Public Printed name: ~'O~;/;'A/k, My Commission Expires: /d/s/o° Page 14 OR: 2850 PG: 2382 LARA CHRISTINA COLLIER IRREVOCABLE ri'RUST as a Partner of Ocean Boulevard Partnership Il Witness PfintName ~J't~het C. Sproul, as Tru~ STATE OF COUNTY OF The foregoing instrument was acknowledged before me this/0'/¢day of ~ ,2000 by Juliet C. Sproul, as Trustee of Lara Christina Collier Irrevocable Trust, on behalf of the Trust, as Partner to Ocean Boulevard Partnership 11, a Florida general partnership. Sh.__ee is personally known t__oo me or has produced as identification and did not take an oath. (Notary Seal) .,,>~4'P:t,, Susan L. Maturo .~7~:~. Corn.mission # CC 967157 '~gg~,!g,~ Atlantic Bonding ~,, I~e. Notary Public Printed name: My Commission Expires: 1 1 1o4 Page 15 OR: 2850 PG: 2383 AS TO GRANTEE: ATTEST D-WIGHT E: BROCK Clerk ~,~/~'-~t~J:f~/~AJ ,Deputy Clerk ApprovecVa~ t~ and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: j~ Chairman ///~0 F:\usersXBETSY\Wp9~BARRON COLLIER\GRANADA SItOPPES\ORANT 10 30 00.wpd Page 16 ,Exhibit "A" 1 of 4 'n 0 Z >. 6') 0 0 0.9,, [' ~A,~o-~Tu~ co PAGE1 bb~ m zz~ c~mm~ z.~m m Z U.S: ,6,1 (S.R. /,,5) TAHIAHI TRAIL I_ J ,,~'6~ I \\ \ \ \ \ / / / / / / TRACT CREEKSIDE qoMk PLAT BOOK PAGE 2 ~19_'57'° W LOT 5 ERCE PARK-UNIT ONE PAGES 57-58 ~' C'~'L?~.fi'C0 - { Exhibit "A" 3 of 4 PAGE 3 O Z ~~.~, Exhibit 'A ' 4 of 4 I~~ . ~o~ o -- 0 O ~!Om Z PAGE 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSENT AND JOINDER TO MUTUAL USE AGREEMENT PROJECT: CREEKSIDE BOULEVARD EXTENSION PARCEL: I FOLIO : 00167800004 Sec/Job : 1953781 FM No. : 03010-2568 F.A.P. No.: N/A State Road.: 45(US 41) ParceINo. : 805 County : Collier THIS CONSENT AND JOINDER TO MUTUAL USE AGREEMENT is given this ¥ r~t day of f.~:aaam%~, 2001, between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "STATE"), whose post office address is Post Office Box 1249, Bartow, Florida 33831, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "COLLmR COUNTY"), whose address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, the State is holder and owner of certain non-exclusive rights in, over, under, upon and through the area more particularly described in Exhibit "A", said rights including but not limited to rights obtained and based upon the following: Nature of Date Grantor Grantee Recorded in Encumbrance Book/Page Perpetual Easement 6/17/98 Ocean Boulevard Stale of Florida, 2482/3017 Partnership and DOT Ocean Boulevard Partnership, 11 WHEREAS, Collier County has or will be obtaining from the fee simple owner of the area described In Exhibit "A" a perpetual right and privilege of use for road right-of- way, sidewalk, drainage, installation and operation of streetlights, and maintenance purposes, over, under, upon, and across a portion of the area legally described in Exhibit "A", attached hereto and incorporated herein by virtue of this reference, (which premises are herein referred to as the "Right of Way"); and WHEREAS, Collier County has requested the State consent, join in, and agreq to the mutual use of the Right of Way and the State has so agreed. Now, THEREFORE in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the State does hereby consent, join in and agree to the mutual use of the above referenced Right of Way by Collier County, provided that: t. The County agrees to hold the State harmless for any damage to County facilities as the result of the State operation, maintenance and repair of State facilities in the Right of Way, except for damage caused as a result of the State's negligence; 2. The County shall have the obligation to repair any damage to the State's facilities within the Right of Way damaged as a result of the County's use thereof. IN WITNESS WHEREOF, the parties hereto have executed this Consent and Joinder to Mutual Use Agreement on the day and year first above written. Page 1 of 2 OR: 2850 PG: 2365 PROJECT: CREEKSIDE BOUI,EVARD EXTENSION PARCEL: [ FOLIO : 00167800004 Sec/Job FM No. F.A.P. No .: State Road.: Parcel No. County 1953781 O3O1O-2568 N/A 451US 41) 805 Collier ~r-~' .~F/~b~, b~puty Clerk 'Approved as to form iAnd. legal sufficjcncyi Assistant County Attorney BOARD OF COUNTY COM~ISSIONERS COLLIER BY: JAM~gD. C, RTER, PHD, WITNESSES: (Signature) (Print Name) STATE OF FLO]~ DEPARTMENT OF BY: '~/ I .Lo~L~,, (Print Hame and T~d,/[ " ~Sig'nature) ' STATE OF FLOIIIDA COUNTY OF The?or sin eg ' g Consent and Joinder to Mutual Use Agreement was~2D o, acknowledged before me thls ~day of , behalf of the State of Flbrida, Dep~tment of Transportatiom w)9 i5 pwsonally ~own to me or has produced as identification. (affix notarial seal) I z~.'~'¥~, ~., ,,.,, public, State e{ Florida I Approval as to form and legality Dep~gffmfltht of Transportation,/ ?, g ~ fNotary ~ublic) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#: My Commission Expires: Page 2 of 2 OR: 2850 PG: 2366 U.S. ~,l ($.R. AS} TAMIAMI TRAIL ft/t, AD, 90:D O~, 9'~"/ *~/{ £XtllalT...~..~ N 02'19'51' W TRACT FI I LOT § CREEKSIDE COM4ERCE PARK-UNIT ONE Project: Granada Shoppes Parcel: I & II Folio: 00167800004 & 00168040601 Florida Power & Light Release 2825904 OR: 2858 PG: 1411 RBCORDBD in OFFICIAL RBCORUB of COLLIKR COUNTY, PL 07/I2/2001 at lI:38AM DWIGHT B, BROCK, CLERK RKC RRB 24.00 Retn: RKAL PROPBRTY BXT 8991 INTBR ORFICK SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this //A day of/5~ ,20~Z/, by and between COLLIER COUNTY, a political subdivision of the State'of ~t.51'orida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is P. O. Box 029100, Miami, Florida 33102, hereinafter called "Utility". WITNESSETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for road right of way, sidewalk, utility, drainage, installation and operation of streetlights, and maintenance purposes; and WHEREAS, the proposed use of these lands for road right of way, sidewalk, utility, drainage, installation and operation of streetlights, and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit "A" attached hereto); and WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if necessary, to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIB1T "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigns, for the purpose of constructing, improving, maintaining and operating road right of way, sidewalk, utility, drainage and installation and operation of streetlights, and maintenance purposes over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of From or Recorded Encumbrance Recorded Against In Favor Of Book-Page Easement 03/02/2001 Granada Shoppes Florida Power & 2785/0211 Associates, Ltd. Light Company OR: 2858 PG: 1412 PROVDED that the following rights are granted to Utility: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN W1TNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk ~xtt;~'/~s- to -C~a{~~']erk sl~q~t~re oal$. BOARD OF COUNTY COMMISSIONERS JAMEn~. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney OR: 2858 PG: 1413 Signed, sealed and delivered in our presence as witnesses: WITNESS (Signature) Name: (Print or Type) WITNESS (Signature) o Name: Donna M. Rodebaugh (Print or Type) FLOR[DA POWER & LIGHT COMPANY a Florida corporation By:j /~g~'~ c/hn//ql. Chism, Director of Corporate RL'~I Estate & Assistant Secretary Attest: ~Seal) , Secretary STATE OF: COUNTY OF: Florida The foregoing Subordination of Utility Interests was acknowledged before me this ~tld~ day of [J/~J ,2001 by John M. Chism, as Director, Corporate Real Estate and Assistant Secretary, of Florida Power & Light Company, a Florida corporation, who is personally known to me. (affix notarial seal) (Signat~tr~ 01~ Notary Public5) - (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Z Ill o EXHIBIT z o Z ~^T U.S. 41 (S.R. &5) TAMIAMI TRAIL c~q / / / / / TRACT FI CREEKSIDE COM PLA'F BOOK N 1>2'19'.57" W lur'5 ERCE P/:~d< LJNI I ONE_ PAGES 57-58 .J