Loading...
HomeMy WebLinkAboutBaumgartner, Jean; 1988-07-27;r a * GROUND LEASE THIS GROUND LEASE (the llLeasefv) is made as of ,#$e& CJ7= J 1988,, by and between Mrs. Jean Baumgartner, (I1b/wnerB") , and the Housi! and Redevelopment Commission ( llLesseeF1) . 1. PREMISES. 1.1 General. Owner hereby leases to Lessee, and Lessee hereby hires from Owner, those certain premises (the 'lPremiseslv) described on Exhibit "A1' attached hereto consisting of approximately sixteen thousand and eighty seven (16,087) square feet of land locat at 3045-65-67 State Street; APN 203-296-06, Carlsbad, California, on whicln a parking lot is to be constructed by Lessee in accordance wit the @onstruction Improvements (as defined in Section 4). Upon completion of the parking lot, Lessee shall operate, manage, equip, landscape, police, light, repair, clean and maintain the Premises in neat, clean and orderly condition, and shall repair any damage there in accordance with the terms of this Lease. 2. TERM. 2.1. Term. The term of this Lease shall be for twenty (2 Lease Years commencing on the Commencement Date as defined below (tf llTermll). 2.2 Commencement Date. The llCommencement Date" shall mel the date of approval of the Approved Lease Agreement by the Housing Redevelopment Commission. A "Lease Year" hereunder is a period conslisting of twelve (12) full calendar months commencing with the first day of a calendar month on or after the Commencement Date and endi.ng one year thereafter. 3. RENTAL. 3.1 Rent. Beginning on the Commencement Date, Lessee sh pay to Owner as rent for each full calendar month from and after th Commencement Date the sum of three thousand eight five dollars ($3, per month during the Term subject to the increases to the rent set forth in this Section 3.2, for a minimum annual rent of Thirty seve thousand and twenty dollars ($37,020) the !'rentfr). Rent shall be payable in advance upon the first day of each calendar month beginr @ a on the commencement date. The rent for any fractional part of a mon following the Commencement Date and the first day of the first full calendar month subsequent to the Commencement Date together with the first full calendar month of the Term shall be payable within fourtel (14) days after the Commencement Date. hereunder shall be paid in lawful money of the United States without deduction or offset and shall be paid to Owner at it address pursuan to Section 14.2, or at such other place as Owner may from time to ti direct in writing. It is the intent of the parties that the rent provided herein shall be absolutely net to Owner and that, except as this Lease other expressly provided, Lessee shall pay all costs, charges and expenses of every kind and nature against the Premises which may arise or become due during the Term and which, except for execution and delivery hereof, would or could have been payable by Owner. All rents payable by Lessee 3.2 Rent Increases. The rent payable under the Lease shall be minimum of the rent payable pursuant to Section 3.1 above increased each of the two methods set forth below: (A) Cost of Livins Increases. The Thirty Seven Thousand and Twenty Dollars ($37,020) annual rent set forth in Section 3.1 shall the rent for the first three (3) years of this Lease. Assuming an increase in the cost of living, the annual rent shall be adjusted upward at the expiration of the first three (3) year period and at 1 expiration of each Lease Year thereafter. The rent adjustment shal: calculated upon the basis of the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index of Urban Wage Earne: and Clerical Workers, San Diego Statistical Metropolitan Area Averac all items (1967 = 100) (the llIndex*l). The Index published and in effect ninety (90) days prior to the Commencement Date shall be considered the Base Year Index for Lease Years 4 through Lease Year (the Base Year Index is sometimes referred to as the "Baseg9). Commencing at the end of Lease Year 3, the rent adjustment shall be effective as of the first day of the first month following the expiration of each lease year ( the "Adjustment Date"). Adjustment Date (i.e., the first day of the first month of each lea At each 2 a 0 year beginning with Lease Year 4 and continuing through Lease Year 2 the annual rent due shall be adjusted by the percentage increase, if any, between the Base and the Index published and in effect ninety ( days preceding the Adjustment Date. lease year be less than the rent for the previous lease year. addition, the adjusted rent for any given lease year, beginning with Lese Year 4, shall not exceed the rent payable in the immediately preceding lease year by more than six (6%) percent. When the adjust rent is determined, Owner shall give Lessee written notice of same indicating how the new figure was computed. If at any Adjustment Da the Index shall not exist in the same format as recited in this Section, Owner shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence and which is, in Owner's reasonz discretion most nearly equivalent to the Index. Effective on the first day of the fifth (5th), Tenth (10th) and Fifteenth (15tth) Lease Years, the rer shall be readjusted to the market rental value as set forth in this subsection (a); provided, however, that such readjustment shall not result in a rent of less than the rent payable immediately prior to such. readjustment. Such readjusted rent shall be paid as provided : Sectdon 3.1 above. The readjusted rent provided for herein shall bc determined by the following procedure begun one (1) year before the of t-he fifth (5th) Lease Year. Fifteen (15) months prior to the en( the fifth (5th) Lease Year, Leasee and Owner shall endeavor to agrec upon the readjusted rent. If Leasee and Owner are unable to agree 1 such readjusted rent on or before the date which shall be twelve (1, mont:hs prior to the end of the fifth (5th) Lease Year, then the readjusted rent shall be determined by establishing, as described ml fully in (iii) and (iv) below, the "market value of the fee of the Premisest1 and the "market rental value of the Premisesfv, the later being the average annual percentage return obtained by owners of la at the time of the appraisal, for land similar to the Premises assu highest and best use and not use as a parking lot, and then multipl this average annual percentage return by the market value of the fe In no event shall the rent for In (B) Market Value Increases. 3 a e the Premises to establish the readjusted annual rent. This readjust annual rent shall be divided by twelve (12) to determine the monthly rent. rent as set forth above, the readjusted rent shall be established in accordance with the following procedure: (i) Within fifteen (15) days after the expiration of the three (3) month period of negotiation between Owner and Leasee during the period described above, Leasee and Owner shall jointly attempt to ag on the appointment of a real estate appraiser who is a member of the American Institute of Real Estate Appraisers or any successor theret or the Society of Real Estate Appraisers, or any successor thereto I in the event the American Institute or Society of Real Estate Appraisers or any successor shall not then be in existence, a disinterested real estate appraiser having appropriate qualificatior to appraise commercial real estate set forth immediately below), wit at least ten (lo) years full-time commercial real estate appraisal experience in San Diego County. All appraisers selected pursuant tc the provisions hereof shall be impartial and unrelated, directly or indirectly, so far as employment of services is concerned, to any of the parties hereto, or their successors. The cost of the services performed by such appraiser shall be borne equally by the parties. single appraiser jointly appointed by the parties shall determine tl '!market value of the fee of the Premises", the "market rental value the Premisses", and the readjusted annual rent in the manner herein specified and shall render his appraisal within sixty (60) days aftc said appraiser has been selected. (ii) Failing the joint action within said fifteen (15) day per Leaaee and Owner shall each within an additional fifteen (15) days separately at its own cost designate an appraiser meeting the qual-ifications stated in paragraph (i) above. If two appraisers arl appointed and they concur on the market value of the fee of the Premises and the market rental value of the premises, in the manner hereinabove specified, the readjusted annual rent determined by the shall be the readjusted annual rent of the Premises. If the apprai do not concur, and the difference between the respective higher and Should Owner and Leasee be unable to agree to the readjusted 4 a 0 lower determinations of readjusted annual rent is an amount less tha' ten percent (10%) of the amount of the higher determination of the readjusted annual rent, the mean average of the two determinations shall be the readjusted annual rent of the Premises. The two appraisers shall render their respective appraisals within sixty (60 days after they have been selected. If the difference between the t determinations exceeds the amount specified above, the two appraiser shall jointly select a third appraiser meeting the qualifications se forth in paragraph (i) above, and if they are unable to agree on a third appraiser, either of the parties to this Lease, by giving fift (15) days notice to the other party may apply to the presiding judge the Superior Court of San Diego County to select a third appraiser b meets the qualifications set forth in paragraph (i) above. The thir appraiser, however selected, shall be a person who has not acted in capacity for either party. Within fifteen (15) days from the date c the selection of the third appraiser, all three appraisers shall mec and the first two appraisers shall present to the third appraiser a: of their findings, data and conclusions as to the market value of tf fee of the Premises and the market rental value of the Premises. TI third appraiser shall review all such findings, data and conclusion: and shall determine which of the two appraisers' respective determinations of the market value of the fee of the Premises & tl. mark:et rental value of the Premises are the most reasonable determinations under the criteria set forth above and elsewhere in. Lease. The third appraiser shall not be permitted to make any othe independent determination of market value of the fee of the Premise market rental value of the Premises. The appraiser's determination found by the third appraiser to be the most reasonable determinatio shall be the market value of the fee of the Premises and the market rental value of the Premises. The third appraiser's conclusion sha be reached within sixty (60) days from the selection of the third appraiser. The expenses related to the selection and services of t' third appraiser shall be shared equally by Owner and Leasee. (iii) As used herein the "market value of the fee of the Premises!' to be determined by the appraisers shall be the market va 5 e e of t:he fee interest in the land constituting the Premises (and not t rental value therefor which shall be determined pursuant to paragrap (iv) below) under the actual facts and circumstances existing at the time of the appraisal. the Premises, the appraiser(s) shall consider: the then-current and actual use being made of the Premises as permitted or required by th Lease and not assuming a change of use for which any private or governmental permission would be required or any change in use wheth or not permitted by the terms of this Lease and without regard to ar residual value for any future uses; the existing actual Improvements the Premises (but not the value thereof) except that the appraisers assume the Improvements to be in the physical condition and being operated in the manner required under this Lease; all encumbrances affo.cting the Premises, including but not limited to all then-exist! taxes, assessments, covenants, conditions, restrictions, rights of 6 liens, and easements; and the encumbrance of the Premises by this Lc and all covenants, conditions, limitations and restrictions containc herein. benefits to the Premises including, but not limited to, the costs a1 expenses associated with and benefits of any appurtenant rights gra to Leasee under this Lease or otherwise existing with respect to thl Premises or Improvements. The market value of the fee of the Premises determined b* the appraiser(s) in the manner described above, shall then be multiplied by a factor which will give Owner a rate of return on th' value of the fee interest in the land constituting the Premises as described in subparagraph (iii) above equal to the "market rental v, of the Premises.Il As used herein the "market rental value of the Premises" to be determined by the appraisers shall be the market re value of the land constituting the Premises under the actual facts circumstances existing at the time of the appraisal giving consideration to all of the matters particularly set forth in subparagraph (iii) above, including that the appraisers may assume Imp~~ovements to be in the physical condition and being operated in manner required under this Lease. In establishing the market value of the fee The appraisers shall also consider all burdens upon and (iv) To arrive at the market rental v 6 e 0 of the Premises the appraiser(s) shall consider the average annual percentage return being obtained by owners of land, at the time of t appraisal, similar to the Premises having similar restrictions, conditions and circumstances as described in subparagraph (iii) abov Such average annual percentage return shall then be multiplied by th market value of the fee of the Premises as determined by the appraiser(s) to arrive at the readjusted annual rent. new readjusted annual rent shall not be less than the annual rent payable immediately prior to the end of the fifth (5th) Lease Year. In any event (v) The appraiser(s) shall be instructed to consider the markc value of the fee of the Premises, market rental value of the Premise and rates of return only as of the date the appraisals are being mac The market values established under this Section shall be binding ar conclusive on the parties. If for any reason a value established ur this Section is not conclusive, no party may avail itself of a valuc more favorable to such party than the value determined by the appraj appointed by such party. (vi) Each appraiser shall certify that he has personally inspected the Premises and Improvements and all properties used as comparisons, that he has no past, present or contemplated future interest in the Premises or Improvements, or any part thereof, that compensation to be received by him from any source for making the appraisal is solely in accordance with this Lease, that he has follc the instructions as set forth in this Section for valuing the Premi: and Improvements, that neither his employment to make the appraisal his compensation therefor is contingent upon reporting a predetermii value or values, or a value or values within a predetermined range ( values, that he has had ten (10) years full time professional experience as a commercial real estate appraiser in San Diego Count! that he is a Member of the American Institute of Real Estate Apprai: or the Society of Real Estate Appraisers or successor thereto and tl his appraisal was prepared in conformity with the standards of professional practice of the Institute or Society or successor then 3.3 Costs. Lessee shall pay as additional rent in the manner 7 * 0 at the time provided all reasonable costs and expenses incurred in t operation, repair and maintenance of the Premises during the Term. Such costs and expenses shall include, without limiting the generali of the foregoing, the maintenance and repairs, resurfacing, painting restriping, cleaning, sweeping and janitorial services; planting and landscaping,; trash removal and sewer charges, if any; lighting and other utilities; directional signs and other markers and bumpers; personnel to implement such services and to police the Premises by Lessee. 4. CONSTRUCTION OF IMPROVEMENTS. 4.1 Construction Covenants. Lessee shall, subject to the terms and conditions hereafter set forth, at Lessee's sole cost and expense, cause to be constructed and completed a surface parking lot covering the entire Premises, together with the walkway, facilities, utilities and landscaping substantially in accordance with the plans and specifications to be provided approved by the City of Carlsbad ( 9rCity'v). Said new parking lot, walkways, facilities, utilities and landscaping are sometimes referred to herein, collectively as the rlImprovements. 'I 4.2 Indemnity and Insurance. Lessee shall indemnify and save Owner harmless from all claims, demands, causes of action or ST of whatever nature arising out of the labor and materials furnished Lessee in respect of the construction of Improvements and from all laborers', materialmen' and mechanics' liens upon the Premises arisi out of the performance by Lessee or its contractors, subcontractors, laborers, or materialmen of its obligations or of any other improvements made upon the Premises by Lessee. Lessee shall pay for all gas, electricity, light, heat, power or otk services used, rendered or supplied upon or in connection with the Premises, and shall indemnify Owner against any liability or damages such account. Lessee shall install at its expense, separate meters such utilities. 5. UTILITIES. From and after the Commencement Date, 6. USE AND COMPLIANCE WITH LAW. 6.1 USE. Lessee shall use and occupy the Premises 8 a a solely for the purposes of conducting and carrying on the operation a surface parking lot and for no other purpose except as may be approved in writing by Owner. 7. MAINTENANCE AND REPAIRS. 7.1 Maintenance and Repairs. Lessee shall not cause permit any waste, damage or injury to the Premises. Lessee, at its sole expense, shall keep the Premisses and all improvements thereon clean and in good condition, reasonable wear and tear excepted, and shall make all repairs, replacements and renewals, whether ordinary extraordinary, seen or unforeseen, including all structural repairs necessary to maintain the Premises and Improvements. All repairs, replacements and renewals shall be at least equal in quality in material and workmanship to that originally existing in the Premises and Improvements as of the date of completion of the Improvements b) Lessee. Owner shall not be required to make any repairs, alteratior or improvements to the premises. 7.2 SURRENDER AT END OF TERM. At the term of surrender, upon any prior time agreed to by Owner and Lessee, Lessee shall have first right of refusal to purchase said property from Owner. Value property shall be established by an appraisal prepared by a M.I.A. certified appraiser as selected by Owner and Lessee. not elect to purchase property, Lessee shall surrender the premises good order, condition and repair at the expiration of the term, together with any permanent improvements thereon made by Lessee, reasonable use and wear excepted. right to make changes or alterations in the Improvements located on Premises, subject to the following conditions: (a) Lessee shall not make any alterations, structural or otherwise, which will decrease the value of the Premises, or convert any :building into a structure which is not a complete, self-containe operiating unit. (b) All buildings, additions, rebuilding, replacements an improvements or appurtenances on or in the Premises which may be erected, installed or affixed by Lessee on or in the Premises during If Lessee does 8. ALTERATIONS AND ADDITIONS. Lessee shall have the 9 e 0 the Term shall, at the end of the Term be deemed a part of the Premises, except that all trade fixtures and trade equipment (as defined in this Lease) installed by Lessee shall be and remain the proplerty of Lessee. alterations, rebuilding, replacement, changes, additions or improvements or repairs to the Premises during the Term except as specifically provided in this Lease. (c) Owner shall in no event be required to make any 9. INSURANCE AND INDEMNITY. 9.1 Waiver of Subroqation. Lessee and Owner each, the extent permitted by the insurance policies maintained by them, hereby waive any and all rights of recovery against the other, or against the partners, officers, employees, agents and representative of the other, for loss or damage is insured against under any insura poliizy in force at the time of such loss or damage. Lessee shall, u obtaining the policies of insurance required hereunder, give notice the insurance carrier or carriers that the foregoing mutual waiver c subrogation is contained in this Lease. 9.2 Indemnity. Lessee shall indemnify and hold Own harmless from and against any and all claims arising from Lessee's construction of the Improvements and use of the Premises, or from th conduct of Lessee's business or from any activity, work or things do permitted or suffered by Lessee in or about the Premises and shall further indemnify and hold harmless Owner from and against any and a claims arising from any breech or default in the performance of any obligation on Lessee's part to be performed under the terms of these Lease, or arising from any negligence of the Lessee, or any of Lesse agents, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; provided however that Owner shall promptly notify Lessee in writing of any cl or action filed against Owner as to which indemnity is sought hereun and Lessee and/or its liability carrier shall have the right to designate council to undertake Owner's defense. Owner may, at its c expeinse, retain separate counsel to review the defense undertaken by 10 e 0 counsel selected by Lessee or its carrier and such insurance counsel sha1:L provide Owner and its separate counsel with copies of all pleadings, notices and correspondence concerning such litigation dur the pendency of such litigation. 10. END OF TERM; HOLDING OVER. 10.1 Surrender of Premises. Upon the expiration of Term or upon its earlier termination for any reason whatsoever, Less sha1:L surrender and deliver up the Premises and, unless directed otheirwise by Owner in writing, all Improvements thereon, except mova fixtures and personal property installed therein by Lessee or its subleasees, in good order, condition and repair except for reasonabl wear and tear and except for damage caused by fire or other casualty prov.ided, however, that if Lessee shall surrender and deliver up the Premkes and Improvements to Owner without having repaired or restor any such damage done by fire or other casualty, Lessee shall concurrently therewith assign to Owner all of Lessee's right or clai to any insurance proceeds resulting from such fire or other casualty and :Lessee shall repair any damage resulting from such fire or other casui2lty. Lessee shall repair any damage resulting from the removal Lessee or any subleasee of Lessee of any trade fixture or personal property not required to be so surrendered. 10.2 Holdins Over. Upon the expiration of the Term, shoul Lessee remain in possession of the Premises with Owner's consent, expressed or implied, such holding over shall be deemed to have crea only a tenancy from month to month, terminable by either party upon thirty (30) days' written notice to the other at a monthly rental eg to o:ne hundred percent (100%) of the Rent payable for the last full montlh of the Term. 11. QUIET ENJOYMENT. Upon payment by Lessee of the rents provided herein, and upon the observance and performance of all of t cove:nants, terms and conditions on the part of Lessee to be performe hereunder, Owner covenants and warrants that Lessee may peaceably an quietly hold and enjoy the Premises for the Term. 12. TRANSFER OF Owner's INTEREST. In the event of any transf or transfers of Owner's interest in the Premises, the transferror 11 e e shallt, upon written notice to Lessee, be automatically relieved of a and all obligations on the part of Owner accruing from and after the date of such transfer. The transferee shall be deemed, without furt act or agreement, to have assumed and agreed to carry out any and a1 of the covenants and obligations of Owner and be entitled to any rig or benefits conferred upon Owner under this Lease. 13. TAXES. The Owner shall hold harmless the Lessee and the C from and against any property taxes assessed on the Leased Premises. The Owner shall additionally pay tax on its interest in the Leased Premises calculated on the basis of fee Ownership, or based upon its possessory interest. 14. MISCELLANEOUS. 14.1 Waiver. The waiver by either Owner or Lessee of any breach of any term, condition or covenant contained herein shall not deemed a waiver of such term, condition or covenant on any subsequen breach of the same or any other term, condition or covenant containe hereh. 14.2 Notices. All notices, demands or other writings to b made, given or sent hereunder, or which may be so given or made or s by either Owner or Lessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the second (2nd) day after deposited in the United States mail, certifie or registered, postage prepaid, and addressed to the respective part at their addresses set forth below. Owner or Lessee may from time t time, by written notice to the other party designate a different address which shall be substituted for the one specified herein. Owner Lessee Mrs. Jean Baumgartner City of Carlsbad 6539 Corinthia Street Carlisbad, Ca. 92009 2965 Roosevelt St., Suite B Housing and Redevelopment Commission Carlsbad, CA 92008 14.3 Exhibits. All Exhibits referred to in this Lease and attac hereto are hereby incorporate herein by reference and made a part 12 0 0 hereof as though herein set forth verbatim. the essence of this Lease and of each and every term, covenant and condfition hereof which relates to a date or period of time. 14.4 Time of Essence. Time is hereby expressly declared to be 14.5 Construction. The language in all parts of this Lease sha in a:L1 respects be construed as a whole, according to its fair meani and not strictly for or against either Owner or Lessee. The article headhgs in this Lease are for convenience only and are not to be conslxued as a part of the Lease or in any way limiting or amplifyin the provisions hereof. If any term or provision of this Le or the application thereof to any person or circumstances shall, to extent, be invalid or unenforceable, the remainder of this Lease, or the application of its term and provisions to persons and circumstan other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted law. No acquisition by Owner of all or any of the interest of Lesse in or to the Premises or the Improvements, and no acquisition by Les of all or any interest of Owner in or to the Premises shall constitu or work a merger of the respective interest, unless expressly provid for. conditions contained herein shall be binding and inure to the benefi of and shall apply to the successors and assigns of Owner and to the permitted successors and assigns of Lessee, and all references in tk Lease to I1Lessee" or llOwnervg shall be deemed to refer to an include permitted successors and assigns of such party. 14.8 Consents. Except as expressly provided in this Lease, whc the consent or approval of Owner or Lessee is required in this Lease such consent or approval will not be unreasonably withheld nor will party giving such consent require the payment of any consideration f the giving thereof. Owner's request for indemnity by Lessee and/or successor as a condition to granting such consent shall not be considered as requiring payment of any consideration for 14.6 Effect of Invalidity. 14.7 Successors and Assiqns. This Lease and the covenants and 13 e e purposes of this Section. 14.9 Entire Aqreement. This Lease and the exhibits hereto contl the entire agreement of Owner and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either Owner or Lessee, which is not contained herein, shall be valic or bhding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. provision of the Lease may be amended or added to except by an agreement in writing signed by Owner and Lessee. Within thirty (30) days following the Commencement Date, Owner and Lessee shall execute and acknowledge a supplemental agreement settin( forth the Commencement Date and the termination date of this Lease. The parties agree to execute, acknowledge and record a memorandum of lease for this Lease concurrent with its execution or at any other t as required by any party hereto. 14.11 Ouitclaim Deed. At the expiration or earlier termination NI 14.10 Memorandum of Commencement Date; Memorandum of Lease. this Lease, Lessee shall execute, acknowledge and deliver to Owner, withim five (5) days after written demand from Owner to Lessee, any quitclaim deed or other document required by any reputable title company to remove the cloud of this Lease from the title to the real property which is the subject of this Lease. this Lease and when required by the context, the same shall include . plural, and the masculine gender shall include the feminine and neut( genders, and the word flperson'v shall include corporation, firm or assoc:iation. 14.12 Number and Gender. Whenever the singular number is used 14 0 e IN WITNESS WHEREOF, the parties hereto have executed this Grounl Lease as of the date set forth above. llOwnerll I1 Less eel1 MRS. JEAN BAUMGARTNER HOUSING AND REDEVELOPMENT COMMISS \ t By: - 01 APPROVED AS TO FORM: G 15 \ 'L a e . EXHIBIT A DESCRIPTION OF PROPERTY THE IAND REFERRED TO IN THIS LEASE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 4,5 AND 6 OF SUBDIVISION OF A PORTION OF TRACT NO. 106 CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1919, TOGETHER WITH THE SOUTHEASTERLY HALF OF T; SOUTHWESTERLY 50.00 FEET OF THE ALLEY ADJOINING SAID LOT 4 ON THE NORT€lWEST AS SAID ALLEY WAS VACATED AND CLOSED TO PUBLIC USE BY ORDEI OF THE BOARD OF SUPERVISORS FILED IN THE OFFICE OF THE COUNTY RECORD1 OF SZN DIEGO COUNTY, OCTOBER 28, 1926 IN BOOK 1280, PAGE 216 OF DEED!