Reciprocal Access and Parking Agreement 1993-0256943
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RECORDING REQUESTED BY:
AND WHEN RECORDED RETURN TO:
CITY OF POWAY
CITY CLERK
P.O. Box 789
Poway, CA 92074
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Reference: SS l8E8T
Reciprocal Access and Par~ing Agreement
This Agreement, made and entered into as of this ~ day of April
199-1-, by and between the Poway Redevelopment Agency/City of Poway, a
political subdivision of the State of California, with offices at 13325 Civic
Center Dri ve, (hereinafter referred to as "Agency/City"), Mobil Oi 1
Corporation, a New York corporation, with offices at 3225 Gallows Road,
Fairfax, Virginia, (hereinafter referred to as "Mobil").
REC ITALS
A. The Agency/City is the owner of a part of the Poway Town & Country
Shopping Center located at the northwest corner of Poway Road and
Midland Road in the City of Poway, California, and more
particularly described on Exhibit A, annexed hereto and
incorporated herein by reference (Agency/City's Parcel).
B. Mobil is the owner of property at the northwest corner of Poway
Road and Midland Road in the City of Poway, California, and more
particularly described on Exhibit B, annexed hereto and
incorporated herein by reference (Mobil's Parcel).
C. Agency/City and Mobil desire to establish a reciprocal access
agreement between Agency/City's Parcel and Mobil's Parcel for the
mutual benefit of the parties and tenants of Agency/City's Parcel
and Mobil's Parcel.
NOW, THEREFORE, in consideration of the promises hereinafter set forth, the
parties do hereby agree as follows:
1. The parties hereby grant to each other and each subsequent owner
of Agency/City's Parcel, or any interest herein, for the benefit
of said parties, their successors, assigns, and tenants,
customers, and invitees, and the customers and invitees of such
tenants, and for the benefit of Agency/City's Parcel; a
nonexclusive easement for the ingress and egress by vehicular and
pedestrian traffic upon, over, and across the twenty-four foot
wide area as shown in the attached Exhibit C, annexed hereto and
incorporated herein by reference. Parking of the vehicles shall
not be permitted in the twenty-four foot wide area between the
Parcels and the area shall be kept clear of vehicles so that there
shall be an unobstructed areas of ingress and egress between the
Parcels.
1277
2. Agency/City grants Mobil the nonexclusive use of eight (8) parking
spaces within Agency/City Parcel as shown in the attached Exhibit
C.
3. Mobil hereby agrees to indemnify and hold harmless Agency/City
from and against any and all liability, claims, demands, damages,
and expenses, including attorney's fees, arising out of the use of
the easement granted herein by Mobil, its invitees, patrons, or
employees.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
date and year first written.
POWAY REDEVELOPMENT AGENCY
CITY OF POWA Y
Date 'i- &:, . '13
Date
-Y- &:'-73
MOBIL OIL CORPORATION
By:
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Attest
er
Date APR . 6 1993
ATTEST:
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K. Wahlsten,
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City Cl erk
(C:\WP51\CONTRACT\MOBILOIL.AGR)
GENZRAL ACKNOWLEDGMENT
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PARTNERSHIP ACKNOWLEDGMENT
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On this the _ day of
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the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowiedged that
WITNESS my hand and official seal.
subscribed to the
executed it.
Notary's Signature
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CORPORATE ACKNOWLEDGMENT
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.J <;'OMMONWEALTH OF VIRGINIA
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WAL'TER WOJCIK
c:ornm;ssion Expires Sept. 30, 1994 '
Notary Public, CommonweaJth of WQ1nl.
On this the _ day of
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the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satistactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
Notary's Signature
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On this the 6th day of
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1993 ,before me,
WALTER WOJCIK
the undersigned Notary Public, personally appeared
J.D. HANLEY
rY';ersOnaIlY known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
or on behalf of the corporation therein
named, and.acknowledged to me hat the cor ation executed it.
WiTNESS my ha and official al. <
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Notary's Signature
Order No: 9~'3670 13
DESCRIPTION 1 27,
1
PARCEL 1=
That portion of the Southwest Quarter of the Northeast Quarter of
Section 13, Township 14 South, Range 2 West, San Bernardino
Meridian, in the City of Poway, County of San Diego, State of
California, according to the Official Plat thereof, described as
follows:
COMMENCING at the Southeast corner of said Southwest Quarter of
the Northeast Quarter; thence along the Southerly line of said
Northeast Quarter, North 880 41' 47" West, 32.52 feet to Engineers
Station 228+00.37 P.O.T. on the center line of County Road Survey
No. 1713; thence North 000 20' 04" East to the Northerly line of
the Southerly 115.00 feet of said Southwest Quarter of the
Northeast Quarter; thence along said Northerly line North 880 41'
47" West, to a line which is parallel with and 42.00 feet Westerly
of and measured at right angles to said course above described as
"North 000 20' 04" East" being the Northwest corner of that
portion of County Road Survey No. 1713, as described in Parcel
62356-B in Deed to the COUNTY OF SAN DIEGO, recorded November 13,
1963, as File No. 202933; thence along the Westerly line of said
Parcel 62356-B and the Southerly prolongation thereof South 000
20' 04" West to the Northerly line of the Southerly 50.00 feet of
said Southwest Quarter of the Northeast Quarter; thence along said
Northerly line, North 880 41' 47" West, 150.00 feet; thence at
right angles North 010 18' 13" East, 150.00 feet to the TRUE POINT
OF BEGINNING; thence retracing South OP 18' 13" West, 150.00 feet
to the Northerly line of the Southerly 50.00 feet of said
Southwest Quarter of the Northeast Quarter; thence along said
Northerly line North 880 41' 47" West, 180.00 feet; thence at
right angles North 010 18' 13" East 365.00 feet; thence at right
angles South 880 41' 47" East, 351.30 feet, more or less, to the
Westerly line of that certain 84.00 foot wide strip of land
described in Final Order of Condemnation, Superior Court, County
of San Diego, Case No. 305935, a certified copy of which was
recorded June 2, 1969, as File No. 97071; thence along said
Westerly line, South 040 55' 04" West 215.43 feet to a line which
bears South 880 41' 47" East from the TRUE POINT OF BEGINNING;
thence North 880 41' 47" West, 157.72 feet, more or less, to the
TRUE POINT OF BEGINNING.
PARCEL 2:
That portion of the Southwest Quarter of the Northeast Quarter of
Section 13, Township 14 South, Range 2 West, San Bernardino
Meridian, in the City of poway, County of San Diego, State of
California, according to the Official Plat thereof, described as
follows:
COMMENCING at the Southeast COrner of said Southwest Quarter of
the Northeast Quarter; thence along the Southerly line of said
Order No: 93>670
13
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DESCRIPTION
2
Northeast Quarter, North 880 41' 47" West, 32.52 feet to Engineers
Station 228+00.37 P.O.T. on the center line of County Road Survey
No. 1713; thence North 000 20' 04" East to the Northerly line of
the Southerly 115.00 feet of said Southwest Quarter of the
Northeast Quarter; thence along said Northerly line, North 880 41'
47" West, to a line which is parallel with and 42.00 feet Westerly
of and measured at right angles to said course above described as
"North 000 20' 04" East" being the Northwest corner of that
portion of County Road Survey No. 1713, as described in Parcel
62356-B in Deed to the COUNTY OF SAN DIEGO, recorded November 13,
1963, as File No. 202933; thence along the Westerly line of said
Parcel 62356-B, and the Southerly prolongation thereof, South 000
20' 04" West to the Northerly line of the Southerly 50.00 feet of
said Southwest Quarter of the Northeast Quarter; thence along said
Northerly line, North 880 41' 47" West, 330.00 feet; thence at
right angles North OP 18' 13" East, 365.00 feet to the TRUE POINT
OF BEGINNING; thence continuing North 01" 18' 13" East, 15.00
feet; thence at right angles South 880 41' 47" East 352.25 feet,
more or less, to the Westerly lines of that certain 84.00 foot
wide strip of land described in Final Order of Condemnation,
Superior Court, County of San Diego, Case No. 305935, a certified
copy of which was recorded June 2, 1969, as File No. 97071; thence
along said Westerly line, South 040 55' 04" West 15.03 feet to an
intersection with a line which bears South 880 41' 47" East from
the TRUE POINT OF BEGINNING; thence North 880 41' 47" West, 351.30
feet to the TRUE POINT OF BEGINNING.
PARCEL 3:
An easement for the installation and maintenance of a drainage
channel and for the construction and maintenance of a head wall
over, under, along and across that portion of the Southwest
Quarter of the Northeast Quarter of Section 13, Township 14 South,
Range 2 West, San Bernardino Meridian, in the City of Poway,
County of San Diego, State of California, according to the
Official Plat thereof, lying within a strip of land 25.00 feet in
width the center line of which is described as follows:
COMMENCING at the Southeast corner of said Southwest Quarter of
the Northeast Quarter; thence along the Southerly line of said
Northeast Quarter, North 880 41' 47" West, 32.52 feet to Engineers
Station 228+00.37 P.O.T. on the center line of County Road Survey
No. 1713; thence North 000 20' 04" East to the Northerly line of
the Southerly 115.00 feet of said Southwest Quarter of the
Northeast Quarter; thence along said Northerly line, North 880 41'
47" West to a line which is parallel with and 42.00 feet Westerly
of and measured at right angles to said course above described as
"North 000 20' 04" East" being the Northwest corner of that
portion of County Road Survey No. 1713, as described in Parcel
62356-B in Deed to the COUNTY OF SAN DIEGO, recorded November 13,
1963, as File No. 202933; thence along the Westerly line of said
O'rder No: 9'~670
13
DESCRIPTION
3
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Parcel 62356-B, and the Southerly prolongation thereof, South 000
20' 04" West to the Northerly line of the Southerly 50.00 feet of
said Southwest Quarter of the Northeast Quarter; thence along said
Northerly line, North 880 41' 47" West, 330.00 feet; thence at
right angles North 010 18' 13" East, 175.00 feet to the TRUE POINT
OF BEGINNING; thence North 880 41' 47" West, 17.00 feet.
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EXHIBIT B
That portion of the Southwest Quarter of the Northeast Quarter of Section
13, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to United States Govern-
ment Survey, approved November 19, 1880, described as follows:
Commencing at the Southeast corner of said Southwest Ouarter of the North-
east Quarter; thence along the Southerly line of said Northeast Quarter,
North 88041'47" West, 32.52 feet to Engineer's Station 228 + 00.31 P.O.T.
on the center line of County Road Survey No. 1713: thence North 00020'04"
East to the Northerly line of the Southerly 115.00 feet of said Southwest
Quarter of the Northeast Quarter; thence along said Northerly line, ~orth
88041'47" West to a line which is parallel with and 42.00 feet Westerly
of and measured at right angles to said course above described as "North
OD020'04" East" being the Northwest corner of that portion of County Road
Survey No. 1713, as described in Parcel 62356-B in deed to the County of San
Diego, recorded November 13, 1963 as File No. 202933, being also the TRUE
POINT OF BEGINNING; thence along the Westerly line of said Parcel 62356-B
and the Southerly prolongation thereof, South 00020'04" West to. the North-
erly line of the Southerly 50.00 feet of said Southwest Quarter of the
Northeast Quarter; thence along said Northerly line North 88041'47" West,
150.00 feet; thence at right angles North 01018'13" East, 150.00 feet;
thence at right angles South 88041'47" East, 157.72 feet, more or less, to
the Westerly line of that certain 84.00 foot wide strip of land described
in Final Order of Condemnation, Superior Court, County of San Diego, Case
No. 305935, a certified copy of which was recorded June 2, 1969 as File
No. 97071; thence along said Westerly line, South 04055'04" \-Test, 85.19
feet, more or less, to the Northerly line of the Southerly 115.00 feet
of said Southwest Quarter of the Northeast Quarter: thence along said
Northerly line North 88041'47" West, 3.45 feet to the TRUE POINT OF
BEGINNING.
EXCEPTING therefrom that portion lying Southeasterly of the arc of a 25.00
foot radius curve, concave Northwesterly, said curve being tangent to the
Easterly line of said land and tangent to the Southerly line of said land.
1283
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TDTAL F'. 02
1281L
At a Meeting of the Board of Directors of MOBIL OIL
CORPORATION held at 150 East 42nd street, New York, N. Y., on the
25th day of June, 1987, at which meeting a quorum was present and
assented to its passage, the following Resolution was adopted:
RESOLVED, that effective July I, 1987, the Treasurer, the
Controller, the Senior Assistant Controller, the Assistant
Treasurers, the Assistant ContrOllers, and each of them, be and
they hereby are authorized to execute, acknowledge and deliver any
and all instruments in the name and on behalf of this Corporation,
including, without limiting the generality of the foregoing, deeds
conveying real estate, with the same force and effect as if
specific authority were granted by this Board in each particular
instance; and the Secretary or a Senior Assistant Secretary or an
Assistant Secretary is hereby authorized to attest the execution
of such instruments and to affix the Corporate Seal thereto.
I, G. G. GARNEY, Senior Assistant Secretary of MOBIL OIL
CORPORATION, do hereby certify that the foregoing Resolution is a
true copy from the records of the said MOBIL OIL CORPORATION, and
that said Resolution is now in full force and effect.
,.
IN TESTIMONY WHEREOF, I have hereunto signed my name and
affixed the Corporate Seal this
6th
day APRIL 1993
of
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sista~ecretary
Senior A
MOC PIA 1880