HomeMy WebLinkAboutFAA_-_Deed_of_Release_Parcel_F_-_11.17.25Docusign Envelope ID: 05D585E8-8EDA-4802-A8A3-5749EAF8E48C
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:
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(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.
(5)
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.
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 October 27, 2025, which real property is described as
follows:
A parcel of land located in the Southwest Quarter and Northwest Fractional Quarter of Section 5,
Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black
Hawk County, State of Iowa, and being more particularly described as follows:
Commencing at the southwest corner of said Section 5; thence North 00°36'49" East (North
00°36'39" East per Releases of Federal Encumbrances at the Waterloo, Iowa Regional Airport
survey prepared by Earth Tech dated January 26, 2006) along the west line of said section 795.25
feet; thence South 89°23' 11" East (South 89°23'21 " East per Earth Tech survey) 33.00 feet to the
intersection of the present northerly right-of-way line of the Canadian National Railroad and the
east right-of-way line of Leversee Road and also being the southwest corner of Airport Release
Parcel D per Earth Tech survey; thence North 00°36'49" East (North 00°36'39" East per Earth
Tech survey) along the east right-of-way line Leversee Road 1189.64 feet to the northwest
corner of said Release Parcel D and the point of beginning of this description; thence continuing
North 00°36'49" East along the said east Leversee Road right-of-way 702.35 feet to the north
line of the southwest quarter of Section 5; thence North 00°27'21" East along the east right-of-
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way line of Leversee Road 395,39 feet to the southwesterly line of Airport Release Parcel C;
thence South 89°47'33" East (South 89°48'20" East per Earth Tech survey) along said
southwesterly line 208.35 feet; thence North 67°02'45" East (North 67°02'1 0" East per Earth
Tech survey) along the southeasterly line of Release Parcel C 2623.16 feet (2623.53 feet per
Earth Tech survey) to the southeast corner of said parcel; thence South 07°02'54" West along a
line that is 684 feet northwesterly of and parallel with the centerline of runway 18/36 and its
southwesterly extension 2172.16 feet to the northeast corner of said Release Parcel D; thence
North 89°08'07" West (North 89°08' 13" West per Earth Tech survey) along the north line of
Release Parcel D 2368.20 feet to the point of beginning containing 3,883,827 square feet or
89.16 acres.
This release is for the specific purpose of permitting City of Waterloo to sell and convey
title to the above described property to International Paper Company.
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 27th day of October, 2025.
UNITED STATES OF AMERICA
DEP ° TM NT OF T . NSPORTATION
By A_
Director, Ai + + s Divi , Central Region
Federal : ration Administration
STATE OF Missouri
) ss
COUNTY OF Jackson
On this 27th day of October, 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.
AMY J WALTER
Notary Public - Notary Seal
S1ATE OF MISSOURI
Platte County
My Commission Expires: May 22, 2028
Commission # 16867514
WITNESS my hand and official seal,
otary Pub1 t-1 and for said County and State
Docusign Envelope ID: 05D585E8-8EDA-4802-A8A3-5749EAF8E48C
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Accepted:
CITY QF SW4b ERLOO
ant, itn, l -Mt
BJ�D0525D78AAC8449...
Title: Mayor
Date: 11 /17/2025
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