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HomeMy WebLinkAboutReso 1959-2343 AGREEMENT RESOLUTION No. 2343 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA APPROVING AGREEMENT WITH BROADWAY-HALE STORES, INC. THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain Agreement submitted by Broadway-Hale Stores, Inc, , a copy of which is attached hereto and made a part and parcel hereof, as though fully set forth herein, is hereby approved and the Mayor and City Clerk of the City of Chula Vista are hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista, • _ • C. ! ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHUTA VISTA, CALIFORNIA, this 3rd day of November ' 19 59 by the following vote, to-wit: AYES: COUNCILMEN Menzel,McAllister, Smith,DeGraaf NAYS: COUNCILMEN None • ABSENT: COUNCILMEN McMains Pro-tem �,F-;�`•' o' e " o - ATTEST •� Cf -r- w , a Lit �. - STA ;O1 CALIFORNIA ) covier OF SAN DIEGO ) as. CITY OF CHU VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED • City Clerk A G R E E M E N T• THIS AGREEMENT, made and- entered into this 4th day of November , 1959, by and between • the CITY OF CHULA VISTA, hereinafter referred to as • "City", and BROADWAY-HALE STORES, INC. , hereinafter referred to as "Broadway", W I T N E S S E T• H: 1• WHEREAS, the City, by Resolution No. 2278, • dated July 14, 1959, did invite written proposals for the purchase of certain land located within the City; upon terms and conditions specified in said Resolution; • • and • WHEREAS, Broadway submitted its bid proposal • within the time prescribed by said Resolution; and • WHEREAS, on September 22, 1959, the Council • of the City voted to accept said proposal and directed the City Attorney to prepare a formal contract to embody the terms of the agreement between Broadway and City, ' NOW, THEREFORE, in consideration of the fore- going and of the covenants and conditions herein • contained, IT IS AGREED: • 1. AGREEMENT TO SELL Upon the performance of the covenants and • conditions-contained herein, City agrees to sell and • Broadway agrees to purchase, the real property hereinafter referred to, and to accomplish said purchase and sale of �� -C • • • • said real property by the execution of the Agreement to • `' Sell which is attached hereto, marked Exhibit A, and made part a hereof. The said real { p property is as is described as Parcels A and B of Exhibit C, attached hereto and made . a part hereof. 2. BROADWAY COVENANTS • Broadway agrees on its part: (a) Consideration As consideration for the execution of this Agreement, Broadway has paid to City, simultaneously with the execution hereof, the sum of Fifty Thousand Dol- • lars ($50,000.00) , the receipt of which is hereby ac- knowledged. It is understood and agreed that the said • • sum of $50,000.00 shall be applied to the total purchase price provided for in the Agreement to Sell (Exhibit A) • • • upon said Agreement becoming effective. (b) Conditions Within six (6) months from date here- . , of, to: (i) Present preliminary plans and specifications of the proposed shopping center • to be developed on the property designated as • Parcels A, B and C of Exhibit C, showing thereon the design thereof, the areas to be designated for building sites, the areas to be designated generally for ingress and egress, • parking and landscaping. In the event, how- ever, that a second major department store is ' not included within the proposed shopping center, or in the event that a portion of Fifth Avenue, referred to hereinafter, be not vacated, then in either of such events, said preliminary plans and specifications may relate solely to Parcel A of Exhibit C, it being under- stood and agreed that any future development of the property designated as Parcels B or C of Exhibit C shall be subject to the approval •• of the City in like manner as is herein provided -2- • • for the development of Parcel A. Said • preliminary plans and specifications shall be subject to the approval of the City. (ii) Present preliminary plans and specifications for the department store of Broadway to be included in said shopping center, said plans to be consistent. with the proposal submitted by Broadway dated September 1, 1959, the preliminary plans and specifi- cations provided for in subparagraph (i) above and to otherwise comply with all ap- plicable laws. Said plans and specifications shall be subject to the approval of Cityls Building Department and shall be accompanied by a proposed construction time schedule. (iii) Present preliminary plans . and specifications for the other buildings to be contained within said center, including thereon the general design, purpose, size, • type of construction and basic exterior materials to be used therein.;' said plans to be consistent with the proposal -submitted by Broadway dated September 1, 1959, the pre- liminary plans and specifications specified in subparagraph (i) above and to otherwise comply with all- applicable laws: It is understood and agreed that said preliminary plans and specifications may be varied to some degree at the time of the ' • submission of the final plans and specifications for the erection of each of the buildings in- cluded therein, as the requirements of each individual tenant in the center may require a variation from said preliminary plans and specifications. Said preliminary plans and specifications shall be accompanied by a pro- posed construction time schedule. • (iv) Present to the City Administra- tive Officer leases, letters of intent to lease; or other data satisfactory to said Administra- . • tive Officer, showing an intent to lease, from • not less than four of the classifications set forth below, and as provided in the proposal • of Broadway dated September 1, 1959: Market • Drug Store - :: (Sav-on Thrifty Owl Long, • or equal) • • • • -3- • • • • • Variety Store (S. S. Kress J. J. Newberry F. W. Woolworth, or equal) Ladies' ready-to-wear store (Lerner'4, of equal) Men's ready-to-wear store :.. (Lion Silverwood Desmond, or equal) Junior Department Store (Penney's, or equal) Bank. (v) Notwithstanding the fact ' that each of the conditions (i) through (iv) of this subparagraph (b) shall be performed, within six months from the date hereof, it is expressly understood and agreed that the City, upon receipt at least thirty days prior to the expiration of said six months' period of a written request for an extension . of said six months' period as to any or all of said conditions, from Broadway, may grant any extensions thereof as it deems reasonable. • 3. EFFECTIVE DATE OF AGREEMENT TO SELL (Exhibit A) As soon as possible after the substantial completion of the covenants and agreements of Broadway as contained in paragraph 2, the Agreement to Sell (Ex- hitit A) _ shall be executed by the parties hereto, pro- . vided, however, that it is expressly agreed that the City may at its sole option, to be exercised by the giving of a written notice of its election to exercise said .op- tion at least ninety days prior to the date when the property described as Parcels A and B of Exhibit C shall become available, elect not to have the Agreement to Sell effective on the date for the delivery of possession but • -4- • • • • effective January 1, 1962, in which event City agrees to lease to Broadway and Broadway agrees to hire from • • City the said real property, upon the terms, covenants and conditions of the Lease which is attached hereto and marked Exhibit B. 4. DELIVERY OF POSSESSION Broadway shall be entitled to receive, although it may waive this right, ninety days+ written notice that the possession of the real property designated • as Parcels A and B of Exhibit C is available. The City hopes that it will be able to deliver possession of said real property July 1, 1960, however, if it cannot deliver possession on that date, City agrees that it shall deliver possession of said property subject to the conditions of this agreement on the earliest day thereafter possible. • 5. CONSTRUCTION OF BUILDINGS Broadway agrees that within thirty days after the delivery to it of the possession of said real. property it will commence -and diligently prosecute to completion the construction of the department store to be occupied by it, and the other improvements to be constructed on said real property to be utilized in con- nection with said building. The other buildings com- prising said shopping center and the balance of the im- provements in said shopping center shall be commenced by Broadway, coincidentally•with ,the construction of its own building, or as soon thereafter as is reasonable , practicable, and diligently prosecuted to completion. -5- 6. CITY COVENANTS City agrees on its part: (a) Condition of Premises To deliver the possession of the real property described as Parcels A and B of Exhibit C, free of all buildings of any kind whatsoever, and free and clear of all easements, rights, rights of ,way, covenants, conditions and restrictions of record, except those specified in the preliminary report of title dated May 18, 1959. (b) Utilities To provide an adequate sewer main within a street adjacent to the said real property so that the shopping center to be developed therein shall have a connection point for any sewer outlet required in the development of said property. With respect to all other utilities, such as gas, light, water, telephone and the like, City agrees to cooperate with Broadway so that the respective utility companies may provide their respec- tive services to the Center. (c) Vacation of Fifth Avenue • To commence proceedings, to the ex- tent that it may legally agree to do so, for the vacation of'Fifth Avenue, lying between A and I Streets, except • the north 100 feet thereof. If said portion of Fifth Avenue is vacated, the City agrees to include that por- tion of Fifth Avenue which reverts to it within the Agreement to Sell, Exhibit A, and the Lease, Exhibit B, and the inclusion of such real property in said Agreement to Sell and Lease shall be upon the terms and conditions -6- therein provided. (d) Options In addition to the property described as Parcels A and B, Exhibit C, and the property contained within that portion of Fifth Avenue as may be vacated and which may revert to the City, City hereby grants to • Broadway, provided the Agreement to Sell (Exhibit A) be- comes effective, the option to purchase that certain real property described as Parcel C in Exhibit C attached • • hereto. Said option may be exercised by Broadway by giving written notice of its election to exercise said • option on or before July 14, 1962. Said option shall be exercisable at the fair market value of said property, • • • which said fair market value shall be determined by ap- praisal, which appraisal City agrees to obtain as soon • as possible, and which appraisal shall be prepared by Ewart W. Goodwin, M.A.I., and Richard B. Miller, and may • be made as of the date the appraisals were made by said gentlemen in connection with Parcels A and B of Exhibit C, and shall be upon the same basis as said appraisals were made. The exercise of the option by Broad- way prior to July 14, 1962, shall not entitle it to • possession of said parcel prior to July 14, 1962, unless • the City agrees to deliver possession at such earlier • date. 'Possession shall be delivered free and clear of all occupants and buildings. The purchase price to.be paid by Broadway shall be paid simultaneously with the delivery of the possession of said property to Broadway. (e) Assignment of Contract . Recognizing the interest of City in • the development of the real property described as Parcel • 'A of Exhibit C as a shopping center, Broadway agrees that •it will not assign or transfer any interest in this agreement, the Agreement•to Sell (Exhibit A) , the Lease (Exhibit B) , or the real property to which said Agreement to Sell refers, subsequent to the conveyance of said real property to Broadway, until Broadway has substantially completed the shopping center in accordance • with the plans and specifications provided for in Para- graph 2 (b) (i) except as .follows: • (a) To a major department store desiring to build in a portion of the property within said shopping center a department store and desiring ownership of its property, which shall consist of not less than 25% of the total acreage - of the property described as Parcels A, • B and C of Exhibit C. Broadway agrees that any such sale, transfer or assignment, as the case mayle, shall be made to such other de- partment store at a price equivalent to the proportionate cost of said property to Broadway, including expenses incurred in connection therewith. (b) To any person (including corpo- ration) by way of lease or sublease, as the case may be, who will occupy the por- tion of said premises so let or sublet for the operation of the business of such person. (c) To a financial institution or institutions, the whole or any part of the land described as Parcels A, B and C of Exhibit C, provided, however, that any such conveyance, transfer or assignment as the • case may be shall be made for the purpose of financing the purchase and improvements of said shopping center and provided that Broadway agrees in any such contract with • .. • the financing institution to perform each and all of the obligations required of it by this agreement. (f) Real Estate Commission • The City shall be in no way obligated to pay, nor will it pay, any real estate broker's commission • -8- • • in connection with this transaction, and Broadway ex- pressly agrees to indemnify the City against any claim for commission arising out of this transaction, and represents that the only broker with which Broadway has • dealt in connection with this transaction is Coldwell, Banker & Company, whose commission Broadway agrees to pay. • This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. • DULY EXECUTED as of the day and year first above written. : :' •.;:.; ATTEST: CITY OF CHULA VISTA • City 1: " ayor Pro- -m BROADWAY-HALE STORES, INC. By Y 0 • By . • • • -9- • • • • • • • • • EXHIBIT 1 • AGREEMENT TO SELL • • • • • • • • .: • ". . , • . . • . • ." • • • • Itagerszopre G szzyz- . . . THIS AGREEmaYst, zgade. and•entured inte this • • • • •••• Aar of .and between ths.4131.OF C1W vXS hereinafter referred to a • : ;. *city* and nitatIzal*-4 VigaitS. j** hereinafter • referred to as "tiroadsW*., . . _ • • .,;w % TsliS ,i4S, ft: • ValEttaalS, plIretnint ta an agreement datted the - day of , , , •IBS% by and between City and Broadway, City agreed to Sell, end BroadwaY agreed to purhase% certain real property described a Parte10- A and B of Exhibit C trO said agreement; and .. . • ,.• - • IVBESEAS, all o the terms. tovitslotantai and =Imo • •'• ditiOne Of Said agreemen t dated the p. day of • 1959, On the part of each of the • .. . • • - • ,•• parties hereto have been performed,- . • • • • •:'•• ••••.•:.:• •• NOW, TasEEPOES., • in donsideretiati OE the fOre,... • • . „ going and of the mutual. Oovenente ard agreemonte herein contained, IT IS Adale34 ait•foliowst - • • • I% City agreee to seal and Breabray agrees to • • buy that certain real prevert/' asSgrAted as ParCets • ' and 13 of ibit I to this agreement, under the terra.' and conditions hereinafter provided. 2. 03:04d:way agrees-to pay the total purchase • • price.for said property or $1,174,700400 $0,000•00 of .::.• . . which sum has been heretofore paid to City, leaving a „ . • EXHIBIT A • • 3. city agrees to forthwith open an escrow at such escrow company an City. Shall specify. which. said escrow shall provide among other things the f011owings (a) The period said estrow shall be ::.: - ninety days.- Upon the toe of said escrow the City y will cOnvey title to Broad. by way s . . .. .•.. . . grant deed. said conveyance to be rem corded on the closing date of said escr (b) The tip to sa .d real property Shall be in fee simple. absolutse, subject only t-.6 UMW CavenantEts tenditiOns. reetr'tcti ts, easements and rights Of way of retard. as are disclosed in the prethainarY reps of title issued by Laid Title inetrance Company May lef MO* and sudb other covenanter' onditi . restrictions. oaaccvnts and .rightsOf way of record es shall have been,approved by Broad . (e) Escrow fees and.the cost of a standard polity of title insurance sue: be borne by the parties in the der TabiCh i s coed : , for the aitleitm of escrow ZOOS'and costo in s'an Diego County. (4) Title insurance polity shall show thereon the title in.BrOadway and shall have a ' Zlabil .tyt not exceeding the salOd price of tie • property conveyed through Said ems, 4. In the event that prier to the closing of said escrow that . ti to of Fifth Avenue., lying bat • • • and & Streets* excluding- the northerly 100 feet thereof* is at the City agrees to sal and Broadway grees to that portion of said rim Avenue which by reason of said vacation progs has reverted to the City The inclusion of'such property tthin the terms of this • . agt Shall be subject to the same terms and motions as provided for the other real prOpertar referred to is the agreement of sate* g* however* that the purrs* • chase price which•the City agrees to sell andr.sroadway agrees to purchase for said porter of the real•preperty : : as present/4 list fifth Avg shall be the taut of $ ,(50 per eguare foot: for each • • square foot of said property•as may have reverted to the city) and shall be in nthiitiOn to. the Maui of $1,114,100.00.4. :;.: • 5* In the event-that tadway atoll haves • >:•:.:. aged d the option ter.,pose that certain real. property described .n the agreermatt between-city and Broadway, rested : the .,,,........ dtty of , _ , 10$9* as Parcel. C of x Itibit C, then and in that eVentt it la hereby covenanted and agreed that ninety ys r'ece ,� ding the ate on which the City.has agreed to deliver possession of said property :.::. • ..:: as provided in Said A t .at of the -day of ..�,..... 1951, an escrow shall be opened by the ;. • city Under the some tee end conditions. .• ems,pro- vided 'excepting* h ver,,. that (a) the purchase price for the said Parcel C shall be the amount •of (the fair reset value of said pr ery as-defied pursuant to the provisions of paragraph 6 (d) of the agreement of the �a,:,._........� day of • 1939), and 04 subject to the covenants, conditions, restrUtiAnis, eases coal riglite of way of record. -017LT •EZECUMI tide day of • • 1959. , . • • • 'CITY fit fit' 'A' • Mayor Pro-tem , . • B �. , • • • • • • • 64.4 • • • • • EXHIBIT 1 LEASE • • • • • • • • • • masa ., ..' Tina Ma, made and entered into the day of 1960, by and between the =TT OP • ViSTai, hereinafter referred to as Itletssoe, and : anaa 'ST , 21a4i, hereinafter rx & to as : ., °lessee, WXTNES ETEft waseans, Lessor, pursuant to an agreement Made • and enter into between Weser and Leseeta, the ,.. 44 � ; :.: do' of 1959, elected to lease certain real property to Lest# and x .Lessee is desirous of leasing said :. . :.. A impart& film Lessor, :. Wit, TIlseslioes, in consideration of the fore- going of the coverts end conditions herein contained, ` •.. the Lesser hereby leases and Lessee hereby hires the real property hereinafter described, as follows4 • 1. MR term of this tease shill comic t .y 1.. MO, or as soon thereafter as possession of the property herein leased can he delivered free and Clear of all occupants and 1 , and . Shall tote sfluary 1, ;AM, 2, PCB mesh. property leased herein consists of :.. :• Parcels A and. Et of that certein Proms • ziatilAt attea beteto and mace a part hereo . 044 • real property may include certain addittozna P 2:01:44 r ip • • EXHIBIT B • • the descries of which shall be hereafter annexed to this Lease as Exhibit 2, and which said property shall. diet of eal4 Portion Of the property Presently lying : .,•: wL Fifth Avenue betWeen U and`X Streets. as may revert to t8e Leer by meson of any vacation Proceedings which ers dung the _ - - of the term of this tease. 3. NOTIOS €P 1?-03SESSIdll The Lest ` haU be entitled to are .ve Wit' days written notice that the 'property asSoribs4 as :. 7 reels # and S axe available for it to take possession Prior to being o$ .igated under the terms of this terse. • • d: • lessee agrees to pay to ssoz as and ' :.;:.. sideration Of the cute. of Parcels fl...and S.abova described, a rent Of $5,623,50 per monk payable vane the fib day of each ►th during the term hereof. in the event that the term of this &ease 11 on a day other than the first day of a nth, then and in : that event, said rental shall be Prorated Oa the basis of • 1/30th of said amt fez.each der of the tercet Of this Lease contained in said month, In the event that the additiOnal arty shall he fi.Aided within this lease, as above prOvided, and in that event Broa s ay agrees pay to lessor on the :0-rat day Of each caierkdar month, Prorated as : + provided, for .a fractional month, a sum ell to six per cent of the agreed ikon value of said real Property, said agreed value being 550 per square foot for each square -2- • 10.48-#9 toot of said Pro Party as is included inalUded hereUnder. all • meats Of iitirtrehall be paid. at the o$ se of • Cloy% of Lehr* •S. TaXaS.IIIDASSILSSigliiirS It is � and'agree' g r d• that the &reified proierty Shall be assessed far tax purpo to• ss in .:.. the .s'a if tit ale had been veyod to Losses on the date (Or. the someensement:-. of the terra of this /ease. Lest.agrees to pay -al taxes levied • and assessed against said property falliag On daring term of this use. before delins '* • 5e OOVIVIUrt. S OP ztasza Wawa hereby > s and des with Leer that it will •during the teri of this use: 00 Use and occupy d rei s in 4 • �t c and proper mannex' , • (b) � With and,obey all present s reg4tits, rules and. • resuirements of all governmental d es tng the use and ° t the use. • ss ' Promises. nding the saties and.' seders set forth by the LesSor through its - ; n?l of angineerr•. P • building .z.nspestiono and .ash otber depart., seats of the City as. y conned the development of the ival Wiper.dessribed in this tee. • (0) Not to assign or solgot the wed • • • premises or any pert thereof withant the written • • comet of the teaser* exceot s ses ai are eapresely.provided (e) _.af that certain agreement bete*en Lessor and . * dated the 'Lliflay of !;''-'!, it 190* • Permit the Leas= to 'Sifter upon Use demised pia tior Puzzontie of inSpeation at all rea ble ti • (e) ludelititY end save- sso sa from odd AVillist.war tatie4 dadDitgas ar liability • Casianed by* 9reisin9 oizt ot. OX arising or r 3trOm a t hereunder* or any turtle- . ens ar negligent at the teem et its omits or etas. • (f) Assume sOlo mesponsibilitY for 40 indebtedness ontj with its • use of satia degrise4 p s* . tat : . neceSinarily limited to, construction costs end to- disci ail each obligations irooptZy. (0) To commence. construction at the:depart rent Otare to he oohed Iv lessee utithin,. Si days trot ths tine when the is entitled to receive ssicn of Said demised amass =der the tam of this at and to cute the construction said: ld to wags-. • tom. w i t h diligence ma,. s . (h) maintain during the term of this Lease public liability insurance' n res vidin its of not less, than $1004,000/300,000 bodily injury liability And 4250000 property * Zt is hereby r that Lest may bring the sienised prenisee vitbin tbe scope of Any • died Itlazilnat policy of insurance of Lessee and that tosses 'may have a deductible clause • in raid 'insurance the, extent of not to exceed P.e mil. terms* agrees to ash to ssor a certificate of eS inenrance evidencing' h coverage, with s x x .ate shall• • • Lessor is warted as isd with Lessee. as respects tba demised premises ancl shs t . flartaler provide qtr 'Lessor *baU.be entitled to receive notice.e. at least fifes #5tays p ex>l c cellat.< f 7 MOrtikti t ' a • it saitually agreed by and bed Lessor ; . . ands • (a) Z2 the Lest 041 at any t in t in the percient Of sent or in �r- of any of its covets, terms and eondi.4 boats or provisions of this x and the Less see Man fail to remedy such- sett within ten • . • V Sys at ter written notice thereof nailed from Lessor, to the Lest's heedvarters 44 Los • tgelea,. California, it shall be lawfal for the Wiser to enter upon said pre:aims and again • have, asses S salt enjoy the sum Ile U this :. . V :.. . wasp bad not been to (b) . sixtures aWar equipment of what", .:. • ever nature as Shall have been installed in, the demised preys Lessee, yratrher permanatitly • • • V affixed herd Or O' XWise, and Mains • ieancvermnts lnstailed.12fy tt4a ,Legsee, shall • oOntiOMO to be the property of the Lessee, • (c) This ta444 444 411 tbe covenants, pro. visions conditions herein contained XU inure to • mat of and be bang upon the successors and assigns of the . mss :here- . tot prod* .ttowever,, that no assi nt * • frost, through or under the. Lassa • xn ' 7a on of the provisions hereof sheil vest in the assigns' any. right* title or interest what9ever, DULY °vacated t __day of ATTEST: MT 00 CS1Lh VIM City Clerk Mayor Pro-tem • • • 44- • • • • • EXHIBIT C • • PARCEL "A" That parcel of land lying and being in the City of• Chuia Vista, County of San Diego, State of California, and more particularly • • • described as follows: All of Lots 5, 6, 7 and 8 in Quarter Section 148 of Chula Vista, according to Map No. 505 of "San Diego Land and Town Company's "lap of.Chuta Vista, San Diego County, California", flied in the office of the County Recorder of San Diego County, March 13, 1888, being included within the foilowi•ng described boundaries: SSt:,Gtt'\NiNC at rt'ne ininersecil,on of the East. of as line ne cs Broadway iformeriy National Avenue ) with the South line of "H" Street, being • the Northwest corner of said Lot 5; thence along the South :line of "H" Street, North 70 057' East 1237,9 feet to point of intersection with the rest line of Fifth Avenue (formerly Firs' Avenue) , being the Northeast corner of said lot 5; thence along the Vest line of fifth Avenue, being the East lines of said Lots 5, 6, 7 and 8, South 19°07' 10" East, 1245074 feet to an intersection with • the North line of " 1" Street (formerly First Street) and being the • Southeast corner of said Lot 8; thence along the North line of "i " Street, being the South line of said Lot 8, South 71'06' 10" V•est • 1239.48 feet. to intersection with the East line of Broadway ( formerly National Avenue) ; being the Southwest corner of said Lot 8; thence along the East line of Broadway t£orm€'rly National Avenue), being the res't lines of Lots 8, 7, 6 and 5, ,forth 19°02'50" "'est 1242,44 . feet to the point of beginning,. containing a total of 35,38 acres, more or less . . • • v E H 7/14/59 PARCEL n6" That parcel of land lying and being in the City of Chula Vista, County of San Diego, State of California, being portions of Lots 9, 10, and II of Quarter Section 148. in Chula Vista, according to. a map thereof, No. 505, filed In the office of the County Recorder of San Diego County, March 13, 1888, bounded and more particutarily described as follows: Beginning at a monument et the intersection of the Northerly margin of " 1" Street with the Easterly margin of Fifth Avenue (formerly First Avenue) and running thence North 19°08'35" west along the East- erly margin of Fifth Avenues 954.31 feet to a point; thence North 70° 55'42" East 620.48 feet to a monument; thence South 19°07'45" East, 662.38 feet to a point; thence South 70'531.04" west 127.0 feet to a monument; thence South 19°07'45" East 291 .24 feet to a monument in the Northerly margin of " 1" Street; thence South 70051 '45" rest, along the Northerly margin of " I" Street 493.28 feet to a monument, the point of beginning, containing 12,74 acres, more or. less, EXCEPTI1C THEREFROM a parcel of land containing 1 .45 acres more or iess and described as follows: The Southerly 230.00 feet of the \'esteriy 275.00 feet of said Lot 9. 7/14/59 PARCEL "C" That parcel of land lying and being in the City of Chula Vista, County of San Diego, State of California, being a portion of Lot 12, of Quarter Section 148 of Chula Vista, according to a map thereof, No. 505, filed in the office of the County Recorder of San Diego, March 13, 1888, bounded and more particularity described as follows: Beginning at a monument in the Southerly margin of "H" Street which monument is North 70°57'00" East, 70 feet from the intersection of the Southerly line of "H" Street with the Easterly line of Fifth Avenue (formerly First Avenue) and running thence North 70°57'00" East, along the Southerly martin of "H" Street, 426.55 feet to a monument; thence South 19°07'45" East 291 .24 feet to a monument; thence South 70°55'42" rest 496.48 feet to a point in the Easterly margin of Fifth Avenue; thence North 19°08'35" '"est, 191 .43 feet to a monument in the Easterly margin of Fifth Avenue; thence North - 70°57'00" East, 70 feet to a monument; thence North 19°08'35" !v'est 100 feet to a monument; the point of beginning, containing_3.16 acres, more or less. • • TEH 7/14/59