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Home My WebLink AboutA3123 - FRANK OBRYAN 275 GRANIVA VALMONTE AD 157 Recording CC 8 m It , Requested by and CC b a g After Recording 8 z i Return to: W City Clerk � City of Palm Springs W P. O. Box 2743 `Palm Springs, CA 92263 (OR I Y Frank 0' Br an, Trustee of his _ Revocable Trust - Indem Agr re drivwy @ 275 Graniva Valmonte ---------------- File No.: R-91-010 NO DOCUMENTA AGREEMENT 3-1 (re: AD 157 CM signed 10-92 INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (".Agreement") is entered into this A) day of /`/j�/- 1992 by and between FRANK O'BRYAN, as Trustee of the Frank O'Bryan Revocable Trust, Restated as of February 1, 1989 ("Indemnitor") and the CITY OF PALM SPRINGS, a municipal corporation ("Indemnitee"). 1R. E CITALS: A. Indemnitor is the owner of that certain real property commonly known as 735 Granvia Valmonte, Palm Springs, California ("Indemnitor Property") and more particularly described in Exhibit "A" attached hereto and incorporated herein. B. Indemnitee has certain fee ownership and easement interests in streets and sidewalks located adjacent to the Indemnitor Property more particularly depicted on Exhibit "B" attached hereto and incorporated herein by reference (Indemnitee Property"). C. Indemnitee has created Assessment District 157 to implement a street improvement program. The engineering plans and specifications for Assessment District 157 provide for the relocation of the automobile driveway located on the Indemnitor Property. D. Indemnitor desires not to relocate the driveway as provided in said plans and specifications. NOW, THEREFORE, the parties hereto agree as follows: 1. Indemnitor hereby agrees to indemnify Indemnitee, its officers, agents and employees against, and to hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location of the automobile driveway on the Indemnitor Property, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of Indemnitee, its officers, agents or employees, who are directly responsible to Indemnitee, and in connection therewith: (a) Indemnitor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Indemnitor will promptly pay any judgement rendered against Indemnitee, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the location of the automobile driveway on the Indemnitor Property; and Indemnitor agrees to save and hold Indemnitee, its officers, agents and employees harmless therefrom; (c) In the event Indemnitee, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Indemnitor for such damages or other claims arising out of the location of the automobile driveway on the Indemnitor Property, Indemnitor agrees to pay to Indemnitee, its officers, agents or employees, any and all costs and expenses incurred by Indemnitee, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 2. Indemnitee shall provide Indemnitor written notice, within thirty (30) days of obtaining actual knowledge of any claim or demand indemnified by Indemnitor pursuant to Section 1 above, to Indemnitor of said claim at 735 Granvia Valmonte, Palm Springs, California, or such other address as may be specified in writing by Indemnitor. 3. The covenants and restrictions contained in this Agreement: (a) are made for the direct benefit of the Indemnitee Property; (b) will constitute covenants running with the land; (c) will bind every person having any fee, leasehold or other interest in any portion of the Indemnitor Property at any time or from time to time; and (d) will inure to the benefit of every person having any fee, leasehold or other interest in the Indemnitee Property at any time or from time to time. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. FR.9 Ttb'B AID, as Trustee of the Frank O B an Revocable ru t, Restated as of February 1, 1989 "Indemnitor" CITY OF P in nicipal corporation By: Its: AMY G4r" ATTEST: City Clerk "Indemnitee" 2 1919442 STATE OF CALIFORNIA ) ss. COUNTY OF Crcvir ct ) On the 104N day of 1992, before me, the undersigned, a Notary Public, in and for said State and County, personally appeared FRANK O'BRYAN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to within instrument as Trustee of the Frank O'Bryan Revocable Trust, Restated as of February 1, 1989, (and acknowledged) that he executed the same as Trustee of said Trust named herein. WITNESS my hand and official seal. ,� fl otary Pub}Y"c (SEAL) 4 as�^:c.•.. ti....0[C[AL r'Rp Al "s NOTARY PUBLIC cnuvonrtln 7 4,_, ?sa onance cSup Pry Cpmm._Xpii'es Sept.22,1992 STATE OF CALIFORNIA ) ss. COUNTY OF f On the i' _day of ` ��j� c;, 1992, before me, the undersigned, a Notary Public, in and for said State d State,/and County, personally appeared personally known to me (or proved-to-me-on.the-basis-of-sati-sfaeto y-evideo'e),to be the person who executed the within instrument as the �;,�; i1 vit_ >r-LA/ �A,t,X�on behalf of the CITY OF PALM SPRINGS, the municipal corporation thereifi;/named, and acknowledged) to me that such corporation executed the within instrument pursuant to its bylaws or resolution of its board of directors. WITNESS my hand and official seal. 0+--ICI. L ALNOC NOTARY SEAL Ii I�I; !.' •c\°'i ELAINE ;WWARTZ Notary Public—California RIVERSIDE COUNTY q Notary Public � �•a'.��wp' My Comm.Expires FEB03,1305 �, (SEAL) File No. R-91-010 EXHIBIT "A" LEGAL DESCRIPTION OF INDEMNITOR PROPERTY Parcel 1 or Parcel Map No. 6159 recorded October 31, 1974, in Book 15 page 55 of Parcel Maps, in the office of the County Recorder of said county. ADD: 735 Granvia Valmonte, Palm Springs EXHIBIT "A" TO INDIEMNITY AGREEMENT 199442 File No. 91-010 EXHIBIT "B" DEPICTION OF INDEMNITEE PROPERTY Parcel 1 That portion of the Southeast 1/4 of the Southwest 1/4 of Section 11, Township 4 South, Range 4 East, San Bernardino Base and Meridian, described as follows: Commencing at the south 1/4 corner of said Section 11; thence north 89'50'00" west, along the southerly line of said Section 11, a distance of 658.94 feet to the southwest corner of Lot 9, of Stevens Estates, according to map thereof recorded in Book 18, Page 86 of Maps, Records of Riverside County, California; thence north 0°08'10" east (record N 0°07'E) along the westerly line of said Lot 9, a distance of 50.00 feet to a point hereinafter known and designated as Point "A", said Point "A" being the true point of beginning of the herein described Parcel 1; thence continuing north 0°08'10" east, along said westerly line, a distance of 579.26 feet to a point on a line that is parallel with and 30.00 feet southerly of the center line of Granvia Valmonte; thence north 89°51'00" west, along said parallel line, a distance of 50.00 feet to a point herein after known and designated as Point "B", said Point "B", being a point on the arc of a non-tangent curve concave southwesterly, having a radius of 20.00 feet, a radial line, passing through said curve bears north 0°08'00" east; thence easterly, southeasterly and southerly along the arc of said curve, through a central angle of 90*00"10", a distance of 31.42 feet; thence tangent to said curve south 0°08'10" west, a distance of 539.23 feet to the beginning of a tangent curve concave northwesterly, having a radius of 20.00 feet; thence southerly, southwesterly and westerly along the are of said curve through a central angle of 90'01'50", a distance of 31.43 feet to a point on the arc of said curve, radial line passing through said point bears south 0°10'00" west, said point being a point on a line that is parallel with and 50.00 feet northerly of the southerly line of said Section 11; thence south 89°50'00" east, along said parallel line, a distance of 50.00 feet to the true point of beginning. Parcel 2 That portion of the Southeast 1/4 of the Southwest 1/4 of Section 11, Township 4 South, Range 4 East, San Bernardino Base and Meridian, described as follows: Commencing at the point described above in Parcel 1 as Point "B"; thence north 89°52'00" west, along a line that is parallel with and 30.00 feet southerly of the center line of Granvia Valmonte, a distance of 229.75 feet to the true point of beginning of Parcel 2; thence continuing north 89°52'00" west, a distance of 20.01 feet; thence south 0°06'57" west, a distance of 20.01 feet to a point on the arc of a non-tangent curve concave southeasterly, having a radius of 20.00 feet, a radial line passing through said point bears north 89°53'03" west; thence northerly, northeasterly and easterly along the arc of said curve, through a central angle of 90'01'30", a distance of 31.42 feet to the true point of beginning. EXHIBIT "B" TO INDEMNITY AGREEMENT x 9944 A � n GRAN VIA VALMONTE dy `.... .d9 .. ..dy ... .-,. y... d9 .. .y3.. r 3„00,Ego 60 s 13• -d3 JS d9" _ �l}.._ _-...W,..:J9 '.d'9 .d3 77 ' Jl GW d'3,31/6'9/f 9 I ; t'' la ;,, . . /; ,,,1•�J'J9•�E G,9/✓'O 1z. Vi 1Izi 14) q7 l li ya.,�l . _'� 'fim.ip v(rop. E/ � _ � '.�. '• �p� l �'h;'.4C.: �y, .. I ! , '. ,:.e..r.Y...,._ n ..n,w.y.y.:rY�il,...y J '� L1 .11 y',,. I•Y �, .. .,. .: ........:.: ` V 61, .9 NOS/0� L....r „..�.- �. : I C . 1 Los NIE .10s.. CITY•- OF PALM SPRINGS _ _--_-- - A sA,N EXHIBIT 'rC,t .REAL PROPERTY DIVISION DATE: •CA(IION „f•,• FRANK O'BRYAN PROPERTY CURB BE;TURN AT SOUTHEAST CORNER DESIGN DY; SCALEi FILE NO. OF LOS NIETOS AND GRANVIA VALMONTE R-g/-OlO JUCCKU) GY' APPROVED BY, I SHEET NO. Secllon 11 T.4.S., R.5.E. S.D,R.D.M. OF