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HomeMy WebLinkAboutFAA - Land_Release_Parcels_G_and_H - 9.2.2025Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7 U.S. Department of Transportation Federal Aviation Administration August 8, 2025 Airports District Office [Enter ADO Address] Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Release of Federal Property Obligations Parcels G and H, 13.0 acres Dear Mr. Kjergaard: This is in response to your letter dated June 18, 2025, requesting that 13 acres of federally obligated land be released from conditions established through a Section 303 Civil Aeronautics Act transfer on May 21, 1944. This property was transferred to the City of Waterloo under the authority of 49 U.S.C. §47151. A release permitting the sale and disposal of real property transferred to the airport owner under 49 U.S.C. §47151 is only granted when it is clearly shown such property is no longer needed to directly support an airport purpose or activity and sale of such property will benefit civil aviation by producing an equal or greater benefit to the airport than continued retention of the land. Conversion of a real property asset into another form of asset, such as cash or physical improvements, can better serve the airport. This objective is not met unless an amount equal to the net sale proceeds based on the current fair market value (FMV) of the property is realized as a consequence of the release and such amount is committed to airport purposes. Under 49 U.S.C. §§47153(c), FAA is required to provide at least a 30-day notice to the public regarding the requested release. The required notice was published in the Federal Register on July 8, 2025. We have concluded that this property, as legally described in the enclosed Deed of Release, meets the conditions mentioned previously for release. We have also concluded that the release and use of such land for constructing a railroad spur will not interfere with the operation, maintenance or future development of the airport. By accepting this release, the Airport Owner agrees to: 1. Deposit, immediately after the sale, the net sale proceeds based on its current FMV or an equivalent amount, into an identifiable interest -bearing account currently paying the Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7 2 highest interest rate. The proceeds should remain in this account until utilized in accordance with FAA Order 5190.6B, Chapter22. 2. Expend, within five (5) years after the Deed of Release execution date, the sum of $577,800 plus accumulated interest for the acquisition of snow removal equipment, currently planned for a Fiscal Year 2028 AIP project. 3. Maintain accurate records of the above -listed expenditures in accordance with accepted business practices, and for three (3) years after the approved project is completed, keep the records open for inspection by the FAA at any time. 4. Ensure that whoever the land is initially and subsequently conveyed to including the airport owner, they and their successors and assigns protect the rights and interests of the public in Waterloo Regional Airport and prevent any use of subject property that would constitute an airport hazard. 5. Update the Airport Layout Plan and Exhibit "A" Property Map upon acceptance of the release to reflect the new airport boundaries. 6. Ensure that they and their successors and assigns retain, for the use and benefit of the public, the right of flight for the passage of aircraft in the airspace above the surface of the subject property, the right for existing and future aircraft to generate noise in that airspace, and the right to use the airspace to land on or take off from the airport. 7. Ensure that they and their successors and assigns shall not permit/afford access from the subject property onto Waterloo Regional Airport property for aeronautical purposes. 8. Ensure that if the property is used or converted to a non -aeronautical, municipal use, an amount equal to the fair market value will be deposited into an identifiable interest - bearing account prior to disposal for municipal use. The proceeds should remain in this account until utilized in accordance with FAA Order 5190.6B. Please indicate your acceptance of these conditions by signing and completing the bottom portion of this letter. Scan and return this letter along with a copy of the fully signed Deed of Release (enclosed) once it is recorded in the local County Recorder's office. Sincerely, Rodney N. 3o Director Office of Airports Central Region Enclosure Docusign Envelope ID: 143DBC34-FBA7-4D22-AFF3-94F203AD76D7 3 Accepted for Airport Owner CITY OF WATERLOO DocuSigned by: By: Da575D78AH 8a3b Title: Mayor of Waterloo Date: 9/2/2025