HomeMy WebLinkAboutFAA - Deed_of_Release_Parcels_G_and_H - 9.2.2025Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7
DEED OF RELEASE
This instrument, a Deed of Release, made by the United States of America, Acting by and
through the Administrator of the Federal Aviation Administration, Department of Transportation,
under and pursuant to the powers and authority contained in the provisions of 49 U.S.C. §47153,
to City of Waterloo, a body politic, created, operating, and doing business under the laws of the
State of Iowa, WITNESSETH:
WHEREAS, the United States of America, acting by and through the Federal Aviation
Administration under and pursuant to authority contained in the provisions of 49 U.S.C. §47153,
and applicable rules, regulations, and orders by an instrument of transfer entitled Resolution
9236 Section 303 Civil Aeronautics Act, dated March 21, 1944, did remise, release and forever
transfer to City of Waterloo, it successors and assigns, all rights, title and interest in and to that
certain property located and situated in Waterloo, Iowa, subject to certain terms, conditions,
reservations and restrictions; and
WHEREAS, the Airport Owner has requested the United States of America to release
the hereinafter described real property from all of those terms, conditions, reservations and
restrictions of the said instrument(s) of transfer; and
WHEREAS, the Administrator of the Federal Aviation Administration is authorized to
grant releases pursuant to the powers and authority contained in 49 U.S.C. §47153; and
WHEREAS, by virtue of delegation of authority, the Director, Airports Division, Central
Region, Federal Aviation Administration, under and pursuant to the powers and authority
contained in 49 U.S.C. §47153 is authorized to make determinations on requests for Deed of
Release and to execute said Deeds of Release to convey, quitclaim or release any right or interest
reserved to the United States of America by an instrument of disposal; and
WHEREAS, the Director, Airports Division, Central Region, Federal Aviation
Administration, has determined that the release of such real property as is hereinafter described,
from all of the said terms, conditions, reservations and restrictions set forth in the above
identified instrument of transfer will not prevent accomplishment of the purpose for which the
property was made subject to such terms, conditions, reservations and restrictions and is
necessary to protect or advance the interests of the United States of America in civil aviation.
NOW THEREFORE, for and in consideration of the above expressed recitals and of the
benefits to accrue to the United States and to civil aviation, the United States of America, upon
inclusion by the City of Waterloo in the Instrument of Transfer conveying title to the hereinafter
described real property of provisions as follows:
Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7
2
(1) That the City or Waterloo reserves unto itself, its successors and assigns, for the
use and benefit of the public a right of flight for the passage of aircraft in the
airspace above the surface of the real property hereinafter described, together with
the right to cause in said airspace such noise as may be inherent in the operations
of aircraft, now known or hereafter used, for navigation of or flight in the said
airspace, for use of said airspace for landing on, or taking off from or operating on
Waterloo Regional Airport.
(2) That the City of Waterloo expressly agrees for itself, its successors and assigns, to
restrict the height of structures, objects of natural growth and other obstructions
on the hereinafter described real property to such a height so as to comply with
Federal Aviation Regulations, Part 77.
(3)
That the City of Waterloo expressly agrees for itself, its successors and assigns, to
prevent any use of the hereinafter described real property which would interfere
with the landing or takeoff of aircraft at Waterloo Regional Airport or interfere
with air navigation and or communication facilities serving Waterloo Regional
Airport, or otherwise constitute an airport hazard.
(4) Ensure that the City of Waterloo and their successors and assigns shall not
permit/afford access from the subject property onto Waterloo Regional Airport
property for aeronautical purposes.
Ensure that if the property is used or converted to a municipal use, an amount
equal to the fair market value will be deposited into an identifiable interest
bearing account prior to conversion of the property to the municipal use. The
proceeds should remain in this account until utilized in accordance with FAA
Order 5190.6B.
(5)
HEREBY, releases the said real property from the terms, conditions, reservations, and
restrictions as contained in the above -mentioned Instrument of Transfer from the United States
of America to the City of Waterloo dated August 8, 2025, which real property is described as
follows:
Parcel G
A parcel of land located in the Southeast Quarter (SE 1/4) and Southwest Quarter (SW 1 /4) of
Section 5, Township 89 North, Range 1 3 West of the 5th Principal Meridian, City of Waterloo,
Black Hawk County, State of Iowa, and being more particularly described as follows:
Beginning at the intersection of the west line of Tract "K", Mid Port America Park Plat No. 2 and
the north right -of -way line of the Canadian National Railroad; thence North 89° 12' 25" West an
said north ROW line 1,215. 14 feet to the southeast corner of Airport Release Parcel D as per
Releases of Federal Encumbrances at the Waterloo, Iowa Regional Airport survey prepared by
EarthTech dated January 26, 2006; thence North 07° 02' 21" East 293. 03 feet on the east line of
said Release Parcel D, said line being parallel with and 684 feet distant from the centerline of
Runway 18/36; thence South 82 ° 57' 52" East 1 ,207.40 feet on a line 1 that is parallel with the
south line of the Runway 1 8/36 runway protection zone to a point on the said west line of Tract
"K"' being the intersection of said west line and a line that is 160 feet north of and parallel with
Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7
3
the said north railroad ROW line; thence South 06° 51' 18" West 160.90 feet on said west line to
the point of beginning containing 274,116 square feet (6.29 acres).
Parcel H
Tract "K" of Midport America Park Plat No. 2, City of Waterloo, Black Hawk County, State of
Iowa, and that part of Tract "E" Midport America Park Plat No. 1, City of Waterloo, Black Hawk
County, State of Iowa, lying west of Airport Boulevard, as being more particularly described as
follows:
Beginning at the southwest corner of Lot 1, Midport America Park Plat No. 1; thence North
66°58' 49" East 482.84 feet on the south line of said Lot 1 to the west line of Airport Boulevard;
thence southerly a distance of 97.40 feet on a 330.00 foot radius curve concave west and having
a 97.05 foot long chord bearing South 9° 25'06" West to the northeast corner of Lot 2, Midport
America Park Plat No. 1; thence South 66° 58' 35" West 485.37 feet on the northerly line of said
Lot 2 to the northwest corner of said lot; thence North 23° 00' 42" West 100.12 feet to the
northwesterly corner of said Tract "E"; thence North 67° 25' 37" East 27.67 feet along the
northerly line of said Tract "E" to the point of beginning.
This release is for the specific purpose of permitting City of Waterloo to sell and convey
title to the above described property for construction of a railroad spur.
By its acceptance of this Deed of Release City of Waterloo also covenants and agrees for
itself, its successors and assigns, to comply with and observe all of the conditions and limitations
hereof, which are expressly limited to the above -described real property.
IN WITNESS WHEREOF, the United States of America has caused these presents to
be executed in its name and on its behalf by the Director, Airports Division, Central Region,
Federal Aviation Administration, all as of the �`-� day of August, 2025.
UNITED STATES OF AMERICA
DEPArII'.TMENT OF 'LRANSPORTATION
BY E-vi
Director, Ait s Di i on, Central Region
Federal Aviation Administration
Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7
STATE OF Missouri
) ss
COUNTY OF Jackson )
On this — day of August, 2025, before me a Notary Public in and for the County of
Jackson, State of Missouri, personally appeared Rodney N. Joel, known to me to be the Director,
Airports Division, Central Region, Federal Aviation Administration, and known to me to be the
person whose name is subscribed to the within instrument and acknowledge that he executed the
same on behalf of the Administrator of the Federal Aviation Administration and the United
States of America.
r AMY J WALTER
Notary Public • Notary Seal
STATE OF MISSOURI
Platte County
• .11. Commission Expires: May 22, 2028
Commission # 16867514
WITNESS my hand and official seal.
ry Public n dId for said County and State
Accepted:
CITY QF SWi TERLOO
aunlitA, Awn'
52sC7?8A
Title: Mayor of Waterloo
Date: 9/2/2025