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Home My WebLink AboutE 20090114000679 a + � - CONFORMED COPY . . � 20090114000fi79 CITY OF RENTON EAS 100.00 PAGE001 OF 009 01/34/2009 12:11 KING COUNTY, WA DIRECTIONAL SIGN EASEMENT AGREEMENT This DIRECTIONAL SIGN EASEMENT AGREEMENT ("Agreement") is made as of �„(,�► /Q , 2008, by and between TARGET CORPORATION, a Minnesota corporation ("Target"), and the CITY OF RENTON, WASHINGTON ("Grantee"). A. Target is the owner of that certain tract of real property located in Renton, Washington, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Target Parcel"). B. Grantee has requested an easement from Target on the Target Parcel for the installation and maintenance of a directional sign for downtown Renton. C. Target has agreed to grant such easement to Grantee, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Target hereby grants to Grantee a non-exclusive, perpetual easement for the placement and maintenance of a directional sign for downtown Renton ("Directional Sign") upon the portion of the Target Parcel indicated on the Depiction of Easement Location attached hereto as Exhibit B (the "Easement"). The Easement grant shall include reasonable access over, across and upon the Target Parcel pernlit the Directional Sign to be installed, replaced and maintained. Notwithstanding anything to the contrary, if the Easement is not used by Grantee for a period of two (2) consecutive years, the Easement shall be deemed abandoned and this Agreement shall automatically terminate and be of no further force and effect. 2. Directional Sign. The initial design of the Directional Sign shall be as shown on F.xhibit C attached hereto. No changes shall be made to the initial design or size of the Directional Sign without the approval of Target, such approval not to be unreasonably withheld, provided, however, the Directional Sign shall never exceed 10 feet in height or 12.5 square feet in area. 3. Maintenance. Grantee shall, at its sole cost and expense, maintain the Directional Sign in good condition and repair at all times. If the surface of the Target Parcel or any portion thereof, or any landscaping, curbing, pavement or other improvements thereon, shatl be disturbed by any activities perforn�ed by or on behalf of Grantee in conn�ction with the use of the Easement, said surface and improveinents shall be promptly restored by Grantee to their condition ji�st prior to such disturbance. All work relating to t��e �irectional Sign shall be performed :n a good and workmanlike manner. Grantee shall not pernlit any mechanics', materialme>>'s or other liens to be filed against the T'arget Parcel o� any part thereof for work or #7�0?00 1 materials furnished in ccnnection with the Easement and/or Directional Sign, an3 Grantee agrees to indemnify, defend and hold Target harmless from and against the same. 4. Non-Dedication; No Assi�nment. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Target l'arcel to the general public, it being the intention of the parties that nothing in this Agreement, expressed or implied, shall confer upon any person, other than the parties hereto, any rights or remedies under or by reason of this Agreement. This Agreement may not be assigned by Grantee and any purported assignmer�t in violation of this Section 4 shall be null and void. 5. Severability. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 6. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. The Easement granted herein shall burden the Target Parcel and shall run with the land. 7. Headings. The Article and Section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. 8. Relationship of Parties. Nothing in this Agreement shall be construed to make the parties partners or joint venturers or render any party liable for the debts or obligations of any other party. 9. Counterparts. This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all of which counterparts taken together shall constitute one and the same instrument. (Remainder of Page Intentionally Left Blank) #7so2oo 2 IN WITNESS WHEREQF, this Agreement shall be deemed executed as of the d��te first set forth above. "Target" TARGET CORPORATION By: N1TIle: ._. ,<;:e�9"�.�?;� Tltle: �. .v.. . '�?C?��St�I� :.a rq^`,ra+'Y.?%��i.ri STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of QJ2/t�i�Q,`< , 200�, before me, a Notary Public within and for said County, personally appeared a,,Yl A'�J2�'trS to me personally known, being first by me duly sworn, did say that he is the R2a I ES �c"� �i�'e.c-�`( _ of Target Corporation and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and �u.V� �'�1,�.e.Y1S acknowledged said instrument to be the free act and deed of said corporation. . � j�_ C/� � d��'�d1 Notary Public My commission expires: 1 3� I 3 " ` " ,,:.:1, JESSICA L. BROiCH N�1?AF2Y PUBLIC•I�pMNESptA iUIY COMM155t�h1 �X6�1�t��JAN.31,2013 #750200 3 IN WITNESS WHE�2EOF, this Agreement shall be deemed executed as of tl�e date first set forth above. "Grantee" CITY OF RENTON, SHINGTON � By: Name: D L M ATTEST: � (..0 Bonnie I. Walton, City Clerk STATE OF ' !��,�-L�� jr;� ) ) ss. COUNTY OF�� ) �� On this � �,�� "day of � �.��..-,.i�.�.:.��20 `,before me, a Notary Public within and for said County, personally appeared ��K. ,-�,.� ,��.�� to me personally known, being first by me duly sworn, did say that (s)he is the f �\��._.t� ,-- of the City of Renton, Washington and that said instrument was signed o�behalf of such City and `,�.._,� acknowledged said instrument to be the free act and deed of said '�f�`�-.. ,� — � 0 _ , \�y,��,,.".•"'�ra�C,N'�X�p•'�-q ' ��,�`' •',;�'^5 R Y'��,•. _? � "� �'., `'` ., �<�� ` ' � ��A N' � Notary Public �' � U'o e� �, � � cv �'• tZ � � � pU64�� =�'i�s: `�s� 3-��:��c. �om is ' Y ,�� . ��,�, �� ` ��Q�' �d'"��i "`'`��....��iiir�i #750200 4 ExxIBIT a LEGAL DESCRIPTION OF THE TARGET PARCEL L�t 2 af the City af Renton Short P1at LUA-Qb-069-SHPL, Re�orded under King Cc�unty Recordin,�Number 2(3061�1'�4900005, Situate in the�ity of Reiiton, County ofKing, State of�Vashington #�so2oo s EXHI�IT B DEPICTION OF EASEMENT LOCATION AND LEGAL DESCRIPTION OF EASEI�IENT � 1 c�o � ' scale 1"=100' ,.` � � N Lot 2 of Renton Short Plat LUA-D6-069-SHPL ��, ,. � �� ' S'x5'Easement for"Downtown Rent�n" ' Direaional Sign z O I � I North 8th Street �--- 457058 v2(01�60 U?3 17) 6 EXHIBIT B DEPICTION OF EASEMENT LOCATION AND LEGAL DESCRIPTION OF EASEMENT AD-��2 SIGN EASEMENT LEGAL DESC�2.I:PTION A sign easement over#hat portion of Lat 2 of City of Renton Short Plat;. LUA-06-069-SHPL as recordec�in Volume 214 of Surveys,pages 51 & 62, under King County Recording No. 20061024900�05,records of King County, Washington described as foXlows: That partion of a 5-foot by 5-foot area,centered on the construc#ed location of a "DOWNTOWN RENTON"directional sign, on said Lot 2, said location being on the east side of said Lot approxirnately 380 feet northerly of the centerline intersection of N 8th St and Garden Ave N. Alt situate in the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M., in the City of Renton,King County, Washington. 7 as�o;s�z�ot��o.o��.t�> EXHIBIT C DIRECTIONAL SIGN � , ; a � �. ', .�'�f'».... � �� 0 _ wn � � n t x��. ;�zF:�_� �� _ �a h� - :; ..:��#s�� :;�� ' —��.�::=a.. =,,,F _.u:�c: -�:x� , - ,-�...<:,;' __.i;�. _ �� — \.��.�rv.'¢ a'=+C�t.�' _ �=� `T "�' ''y' ,m`= '�, `��.�,.�#�.h."�F`_ F9 i wv�q .�,,ti', _ ' :-t`;:,_ _ ��y:..� _ `.$:'�'y-'�".`- _'�_�' ' 4g ,- _ k (: � ti -�X` '�' _ - -'`,��a.a��,. , _. . _ �. . . .a .�^, y �ga' 8 457058 v2(01560.023.17)