License Agreement 1994-0234705
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF POWAY
Attention: City Clerk
P. O. Box 789
Poway, California 92074-0789
1510
Due" 1994-02347Q5
08-APR-1994 11=4J AM
OFFICIAL RECOROS
SAH O]EGD COUHTY RECOROER'S OFFICE
'REGORY SMITH, CDUHTY RECORDER -j8,OO
RF~ 14.00 FEES:
AF : 23. 00
MF: 1.00
LICENSE AGREEMENT
THIS AGREEMENT is made this $i day of ~c:
, 1994, by
and between POWAY LAND, INC., a California corporation (hereinafter
referred to as "Licensor"), and A. FREDERICK RODGERS and CANDICE J.
RODGERS (hereinafter referred to as ("Licensees").
WHEREAS, Licensor is the owner of certain real property
consisting of APN 317-481-68, Poway, San Diego County, California,
more particularly described on Exhibit "A" a):tached hereto and made
a part hereof; and
WHEREAS, Licensees own abutting property consisting of APN
317-664-23, more particularly described on Exhibit "B" attached
hereto and made a part hereof, and desire to obtain permission to
perform certain acts upon Licensor's property.
NOW THEREFORE, it is agreed between the parties as follows:
1. Licensor and Licensees agree that the true property line
between the property owned by Licensor and the property owed by
Licensees is the line lying thirty feet east of the center line of
"Future Midland Road" as described on Parcel Map 12944. Licensees
agree that they have no fee interest in any property lying to the
west of said true property line.
2. Licensor grants to Licensees a license for vehicular
ingress and egress across that portion of Licensor's property
described as "License Area" on that plat map attached hereto as
1
IS11
Exhibit "C" along the southeasterly most sixteen (16) feet of the
easterly property line of Licensor's property. Said use shall be
at the sole cost and expense of Licensees. Licensees shall have no
right to remove trees or otherwise alter or perform any work in or
to the "License Area," except minor maintenance of the roadway.
3. Licensor or its successor in interest, the City of Poway,
shall have the right to remove the existing barbed wire fence lying
to the west of that portion of the true property line in the area
of the pasture on Licensees' property, and to replace it with a new
barbed wire or other fence along the true property line in the area
of the pasture. The pasture area is south of the residence, and is
generally outlined as shown on Exhibit "D".
4 . Licensees shall have the right at their sole cost and
expense to repair, replace or maintain the existing barbed wire
fence lying along the westerly boundary of the "License Area" with
a similar barbed wire, straight wire, chain link or equivalent
fence. Erection of the fence by Licensees shall be for security
purposes only. Its existence shall not confer any property rights
on Licensees.
5. The use of the License area by Licensees may be
terminated, without compensation of any kind, at any time after the
property of Licensor is transferred to the City of Poway, if and
only if the City of poway determines that the "License Area" is
needed for a public use that would require termination of its use
by Licensees.
6. In the event that the use of the License Area is
terminated by the City of poway in accordnace with the terms of
2
1$12
this License Agreement, the City of poway will be required to
provide to Licensees vehicular access from a public thoroughfare to
the pasture area of the property of Licensees.
7. Licensees agree to indemnify and hold harmless Licensor
or the City of poway from any loss or damage that may arise from
the use of the "License Area" by Licensees or any other person.
8. This agreement shall be binding upon and inure to the
benefit of any successor in interest to POWAY LAND, INC. Licensor
hereby consents to the assignment of this Agreement and the license
granted herein to the successors in interest of Licensees, subject
to the right of Licensor or its successors to revoke consent to the
assignment at the time of any such transfer.
Licensor may not
revoke its consent to the assignment, except for good cause.
IN WITNESS WHEREOF, the parties hereto have executed this
License Agreement the day and year first above written.
POWAY LAND, INC.
a California corporation.
Licensor
By: ~ //~
K't c. hard L, /~v e b / e r-
Its: (7-1..1"4 1r1/~-r
. ...
Licensees:
act~~c.4-;{)~
A. FREDERICK RODGER
~d'~' MPAA..I
CANDICE J. GERS
/$/J
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
On thi s 4 -q,. day of
~'n\
1994, before me the
undersigned, a Notary Public in and for said County and State,
personally appeared A. FREDERICK RODGERS and CANDICE J. RODGERS who
are personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are
subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by
their signatures on the instrument the individuals or the entity
upon behalf of which the individuals acted,
executed the
instrument.
WITNESS my hand and
_ cfI!r~R
....., 111"0 CaDlomlo
UN.-.o COUN1V
~ Cola.' 'an ExpIre.
~III,..&nr 13. 1995
official seal.
.
NO~l~r
County and State
said
Capacity Claimed By Signers:
Licensees
Signers Are Representing:
Themselves
Title or Type of Document:
l"2...... w',' ....d./
Number of Pages: ~ ~ ~ate
License Agreement
of Document:
'-I Af- ~ l-f
l. l<~-,,-
,
? ('~ I '?c ~ 0-....
\
R\~
~~.
J
Signer(s) Other Than Named Above:
4
18)1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA }
) SS.
COUNTY OF SAN DIEGO }
On this ;:?/~ day of '-f71.G..A-CJ, ~ , ~994, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared~?>/. ~ 'Hl,u 1s per!;onally k!,.:,Wfi t.o.
mL u~ proved to me on the basis of satisfactory evidence to be
'.
the individual whose name is subscribed to the within instrument
and acknowledged to me that ~ executed the same in ~
authorized capacity as ~J of poway Land, Inc.,
and that by ~ signature on the instrument the individual or
the entity upon behalf of which the individual acted, executed
the instrument.
WITNESS my hand and official seal.
0FRCIAI.8EAL
....ARIE LOFTON
~D=&l1Mv~
Mr~~~
~~~J
Notary Public in and for said
County and State
Capacity Claimed By Signer: f!~
Signer Is Representing: Poway Land, Inc.
Title or Type of Document: License Aqreement
5
EXHIBIT" A"
POWAY LAND, INC. PROPERTY
LOT C OF CITY OF POWAY TRACT MAP NO. 89-14, ACCORDING TO MAP
NO. 12944, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA.
W:\CIVIL\LBOAI.S\4489215A .IMP
November 30, 1992
------~-_._------~ -- ------_.__...~._~.._._---
; .); (;~
EXHIBIT "B"
RODGERS' PROPERTY
PARCEL 1
THE WESTERLY 132.00 FEET OF THE SOUTHERLY 395.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY.
PARCEL 2
AN EASEMENT AND RIGHT-OF-WAY FOR EGRESS AND INGRESS AND A
RIGHT TO INSTALL AND MAINTAIN WATER, SEWER AND PUBLIC
UTILITY LINES OVER THE WESTERLY 10.00 FEET OF LOT 23 OF
WESTGAGE UNIT NO.1, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6950, FILED IN THE
OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, JUNE 1, 1971.
W:\CIVILILEOALSI44892lSB,JMF
November 30, 1992
/$/ {J
1$1;>
EXHIBIT "c"
LEGAL DESCRIPTION FOR LICENSE AREA
ALL THAT PORTION OF LOT C OF CITY OF POW A Y TRACT MAP
NO. 89-14, ACCORDING TO MAP NO. 12944, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT C;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT C
NORTH 1019'16" EAST, A DISTANCE OF 240.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING NORTH 1019'16" EAST, ALONG SAID EASTERLY
LINE OF LOT C, A DISTANCE OF 95.00 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 88040'44" WEST, A
DISTANCE OF 16.00 FEET;
THENCE SOUTH 1019' 16" WEST, A DISTANCE OF 95.00 FEET;
THENCE SOUTH 88040'44" EAST, A DISTANCE OF 16.00 FEET TO THE
TRUE POINT OF BEGINNING.
W:\CIVILlLEGALSI4489215C,IMF
December 2. 199'2
1 OF 2
----,_._-----~---
EXHIBIT C
2
.
..
-
~
"''i'
.........
,
'i\
"Ct)
i
~
>> /.
--./'
.
'\ c~"'"
....
~) --- ---
~ \'"
t:'->
~
>-.
"'~
.
,......
.
~-
i'"
" ..
,
.,
--
-
'....
~
-"
'C'I
~ \:t
-,'
~->
'>
~
"-- -
~:F
\ 't"";:'-_
, .-'
.... "
'C\
>.,
}-..
(:)
toil:'
--
L()'"r /-/
q. '7.4-9'2
~~\4.'
~~
~ /"A./f((3A1e'~
-ofli-, ,.,. _ulo
.,.
\. ! \ \
\ ~.;-' : C,I
", . 1;",
. . '"
'. t ,
1 i'i t.~
_-L_t"....tSi,
~' '
~ ~~ ~("~.;;
:.rj
--ki
:>:
,~
N ~\ 1
APF'~X, LOC. Or -
2X'ji-RiNCII .
/~
""
. .
'....);
t '.
r. I, I
. . -,I \
c:.~\ i
, ..
i-~"a
, .~
'......
. i:
"
~
,()
~;t
~~
~~
\j~
......
\ ~~
b~~~
I-. ' ''''Ji
\,., h.'~~
~~ ~t"
1 '~
~~
~~
~}
!Ji~
~
\I)
..~
~)
'.9
-
60.00'
__1..i:. CiEEllT
:JJ5I.O"C.A__1:l!~-',~,.v////// /// /.61
uceN5E Af(eA
~
~
,-
/",
_ -- j.'/ I\A:\
,III ", "
I ,II..)')
~, ;. -\"
, t) .,
I( \t> ~
~~"'P"'~I _ I...
t ?MI '" ..
, ... ~J)
~ 1 ,1\
~J~ ~
0, t:-i \ '
() . 0\
I' III ~ "1
Q ~() ~ --\,
1'<1- '0 ~ -
~"!I Q..1l ~. \.J
It.... :--~ ..... \..'\.'\
~ ~ \ 'l:i\
~ ~
('0 'C'\
V ~~
p.o.~- ~.iE,CO~ .. .
1.01 c::
HAL..ET PAKf( e~TATES
44~9'Z./5
---~---_.............--------_.~----------~-
1$18
2 OF 2
SIB
J(\
- 1'\'
---.---- - ~-_.-
-
o
~
_ ~XH'8'T D --
t:.OGER5 'PA51UP-E ,AnA"
.....\t
"
"
\
\
\
,
\ C)
\
\
.;-..
\~
\
-\
I$I!)
~J ~J F1.r\
t~ 6'.1
0;;"1'[\'
~'/
,
..
S\B
MO
4A~,V8
It.~O' q'Z
,---------_.,",._--'--""--'
-'. ~'~
ID>~~
~m~ ~
,,~~ ~~
-.J~2 '"
~~
~~g
~~z
~::t NOA=
\
~
I
" 'iJo
0 >~
'" ~~
.r. ~
.c ::<
-J
0 0
.c
.." ,..
-J 'U ~@X
~
,'" 0 >
.D ::;: n
)>
-<
--1
0
--1 '"
Z
0
'"
<D
I
-~
.".
Ii
N
o
~
"
~~
"-
~~
~~
,~
Z_
,..~
~~
O.
~~
0>
~.
~~
~O
O~
Z~
~
~
~ 5UII .!O.OI!
\"@-N ""''''
"I..:::Y-..J~OJ
". g
'/ ' Ii
18.011 ./&.'1
~ ~
COMMUNITY RD
~^
/Q"Jr"Jrr ~
'" " I
5/."u "" ~$
@'"~
0' "
<>f e .
"u .
~
@"'"
- ~
~
ffi
!fi>
317-48(
-
~
/$<0
(f)
~@)
(f)
x
-<
~,,-,~.,.-.
~rmN
~~(;,!
""''''
~ \8JN
J"
U.J;
@)
.~ ~
"
'''~
(W.N tU-
1..2)0 t;: ill
'I a JI
VI
~@)
A~
\,V'"
. ::u
o
(D
. M
-<
I!:@~
"
"A~
:tJ~
'.121
.
e
~
~
~
M J140 50
""
LINNIE"LN
10&" H 54
G (t i!J!::I
.
@en @01
~ M
III J12'
".
@'"
@-..J
~.
'14."
III"
.
...
MIDLAND RD
<
~,
n
(J)
Iv.
--1~
o,J
"'1
0.".
""",
v.
~
~ (
;;j
11US
@
~ . ()
- s:
c..J...
b)>
0 ~Z
,.
~ ~~
ID
"
~ g~l
-r- ~' "-"'
o
0,
<
-;J
N
o
a
B
>
8
-
,
-0
\,'
..
~
"
EB
.
~
"
~
n
a
m \~~l ~.I "::;~T
"I'<:t\, ~i, \ (
, 11'\ '
,- - ~\ /
.~ <:. - - -- \ "
'-:- -7 ..,. \~j). \
S \ ,\\.
,...1... __ok
.;/
.'" ...:.'.~
-----
.r'....~.
,")"
,I',
I
I
I
\
I
\
I
\
'-
o
,.:>..,~
, I
I...:
J~ ",
, I
....J
"
-
J "'(
t
,
, ,
! ","