RES 2007-39 - 00014351RESOLUTION NO. 2007 - 39
A RESOLUTION ACCEPTING, THE ACT OF DONATION, FROM WAL -MART REAL
ESTATE BUSINESS TRUST TO THE CITY OF FRIDLEY, DATED AUGUST 1, 2006,
CONVEYING LAND FOR THE 85TH AVENUE TRAIL PROJECT
WHEREAS, Wal -Mart Real Estate Business Trust, A Delaware Statutory trust, is the property
owner of the property more fully described as Lot 1, Block 1, WAL -MART in Fridley, Anoka
County, Minnesota; and
WHEREAS the City of Fridley, a municipal corporation and political subdivision of the State of
Minnesota proposes to construct and maintain a public trail way along the northern 25 -feet of said,
Lot 1, Block 1, WAL -MART in Fridley, Anoka county, Minnesota; and
WHEREAS, Wal -Mart desires to donate the northern 25 -feet of said, Lot 1, Block 1, WAL -MART
in Fridley, Minnesota, located in Anoka County, to the City of Fridley for public trail purposes.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows:
The City of Fridley does hereby accept the parcel of land described as the northern 25 -feet of Lot
1, Block 1, WAL - MART IN FRIDLEY, Anoka County, Minnesota as conveyed to the City of
Fridley, by that certain Act of Donation dated August 1, 2006 from Wal -Mart Real Estate
Business Trust to the City of Fridley and agree to the terms and stipulations in the Act of
Donation which is attached hereto as Exhibit 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th
DAY OF AUGUST 2007.
SCOTT J. - M 7CYOR
ATTEST:
"dA*o�? -
DEBRA A. SKOGEN &ITY CLERK
WAL -MART REAL, ESTATE BUSINESS TRUST, a Delaware Statutory trust, whose address
is declared to be 702 SW 8`h Street, Bentonville, Arkansas 72712 with a mailing address of 2001
SE 10`h Street, Bentonville, Arkansas 72716 -0550, c/o Wal -Mart Realty Management #44 -9384,
and whose taxpayer identification number is 71- 6167580 represented herein by its duly authorized
undersigned officer ( "Wal- Mart"); and
THE CITY OF Fridley, a municipal corporation and political subdivision of the State of
Minnesota, whose mailing address is 6431 University Avenue N E, Fridley, Minnesota, 55432, and
whose taxpayer identification number is 41- 6007700, is represented herein through its duly
authorized undersigned officer.
Both of whom agree as follows:
PRELIMINARY RECITALS:
A. Wal -Mart is the owner of the property more fully described as Lot 1, Block 1, WAL- MART IN
FRIDLEY, Anoka County, Minnesota.
B. City of Fridley proposes to construct and maintain a public trail way along the northern 25 -feet of said,
Lot 1, Block 1, WAL- MART IN FRIDLEY, Anoka County, Minnesota.
C. Wal -Mart desires to donate the northern 25 -feet of said, Lot 1, Block 1, WAL- MART IN FRIDLEY,
Anoka County, Minnesota to the City of Fridley for public trail purposes.
NOW, THEREFORE, Wal -Mart and the City of Fridley agree as follows:
1. Donation: Wal -Mart hereby irrevocably grants, conveys, transfers and delivers all of its right, title and
interest in and to the northern 25 -feet of said Lot 1, Block 1, WAL -MART IN FRIDLEY, Anoka
County, Minnesota, without warranties of any kind whatsoever, to have to hold unto the City of
Fridley, its successors and assigns forever.
2. No Revocation: Wal -Mart further waives and forever renounces any right of revocation of the Act of
Donation in whole or in part, and Wal -Mart does forever divest themselves of any present and future
interest in or control of dominion over the northern 25 -feet of said, Lot 1, Block 1, WAL -MART IN
FRIDLEY, Anoka County, Minnesota.
3. Acceptance of Donation: The City of Fridley irrevocably and unconditionally accepts the Act of
Donation herein made and acknowledges receipt of northern 25 -feet of said, Lot 1, Block 1, WAL-
MART IN FRIDLEY, Anoka County, Minnesota.
4. Indemnity, Insurance and Hold Harmless: The City of Fridley agrees to indemnify, defend, and
hold Wal -Mart, its officers, directors, contractors, agents, representatives and employees, and save
them harmless from and against any and all claims, actions, damages, liability and expenses
(including reasonable attorneys' fees) in connection with loss of life, personal injury and/or damage to
property arising in whole or in part from the omission, faulty, willful act, or negligence of the City of
Fridley, its officers, members, contractors, agents, employees, subcontractors, invitees and visitors in,
on or about northern 25 -feet of said, Lot 1, Block 1, WAL- MART IN FRIDLEY, Anoka County,
Minnesota in the operation, replacement, maintenance, or any construction of its public trail.
07/31/06
815 act of donation
No. 2007-39
5. Future Fees, Taxes, Assessments: The City of Fridley shall not levy any city fees, taxes or
assessments related to the maintenance, installation, replacements or operations of a public trail upon
any Wal -Mart entity from this date forward in consideration for the Donation of the northern 25 -feet of
said, Lot 1, Block 1, WAL- MART IN FRIDLEY, Anoka County, Minnesota.
6. Choice of Law: The validity, interpretation, performance and enforcement of the Donation shall be
governed by the laws of the State of Minnesota (without giving effect to the laws, rules and principles
of the State of Arkansas regarding conflicts of law).
6. Maintenance Obligations: The City of Fridley shall be obligated to perform ordinary and necessary
maintenance, replacement, construction and repair of the public trail located on the northern 25 -feet of
said, Lot 1, Block 1, WAL- MART IN FRIDLEY, Anoka County, Minnesota.
IN WITNESS AND WHEREOF, the City of The City Of Fridley, a municipal corporation, has executed
this Agreement in multiple originals this day of 20 , in the presence
of me Notary, and the undersigned witnesses at
Assistant Secretary:
Notary Public
07/31/06
815 act of donation
Appro o legal terms only
:,
Resolution No. 2007-39
Exhibit A
WALMART EASEMENT A" Bonestroo
Rosene
FRIDLEY, MN FIGURE 1 ° Anderlik &
" Associates
85TH AVENUE TRAIL Engineer's & Architects
54504114F101.dwg DATE: 11/23/2005 COMM: 545—D4-114
,Resolution
Exhibit
8' MINIMUM
CLEAR ZONE 2.0' 10.00' 2.0' CLEAR ZONE
MIN. 6" TOPSOIL (TYP) FENCE (WHERE SHOWN ON PLANS)
COMPACTED GENERAL FILL (TYP) — 2% (TYP)
MIN. 6` TOPSOIL (TYP)
' 1.00
�.3 2.5" TYPE LV4 WEARING COURSE MIXTURE (LVWE45030B)
6" AGGREGATE BASE CLASS 5
0
U?
WALMART EASEMENT
TYPICAL SECTION 1
(BEG) 8 +93.4 TO 11 +22.9
14 +65.4 TO 18 +43.9
21 +44.5 TO 31 +32.7
33 +31.7 TO 36 +94.5
39 +95.9 TO 40 +78.3
42 +72.1 TO 51 +59.7 (END)
12.00'
TYPICAL SECTION 2 (HELICAL PILE)
11 +22.9 TO 14 +65.4
18 +43.9 TO 21 +44.5
31 +32.7 TO 33 +31.7
36 +94.5 TO 39 +95.9
40 +78.3 TO 42 +72.1
FRIDLEY, MN FIGURE 2
85TH AVENUE TRAIL
5450411413105.dwg DATE: 11/23/2005 COMM: 545-04-114
POST
V. 2° SCHED. 40 PIPE
CE W/ SLEEVE BRACKETS
:LICAL PIER PER
aLJPPLIER
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects