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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:'-> ~ >-. 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