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HomeMy WebLinkAboutLETTER OF RELEASE PROPERTY SURPLUS PROPERTY ~ 1 ~ U.S. Department of Transportation Federal Aviation Administration Airports District Office, FAA .1701 Columbia Ave., Suite 2-260 Atlanta, GA 30337-2747 (404) 305-7150 FAX: (404) 305-7155 e-mail: 9.ASO-ATL-ADO@FAA.DOT.GOV Letter of Release for Permanent Easement of Surplus Property April 10, 2007 Mr. Willis M. Boshears, Jr. Augusta - Daniel Field 1775 Highland Ave. Augusta, Georgia 30904 RE: Augusta - Daniel Field, Augusta, Georgia Letter of Release for Property Easement (Surplus Property Land) Augusta Utilities Department Easement - 97,217 Square Feet. r We refer to a written request dated January 24,2007, wherein.Mr. Willis M. Boshears, Jr., on behalf of the City of Augusta, hereafter referred to as Airport Owner, requested that an easement for 97,271 square feet at Augusta -Daniel Field be provided under the terms of Surplus Property Agreements between the Federal Aviation Administration (FAA) and the Airport Owner. The requested release is for the purpose of permitting the Airport Owner to convey easement title of this property for construction of a 36-inch water main along an existing property line. We have concluded that this property, as described in the enclosed Legal Description I is no longer needed for aeronautical development purposes, and that the easement land for the stated purpose will not interfere with the operation, maintenance or future development of Augusta - Daniel Field. Legal Description Augusta - Daniel Field - 97,217 Square Feet UTILITY CORRIDOR (Tax Map 043::'1, Parcel 170) - All that tract. or parcel. of land containinq 7.514 square feet and described as follows: The Northeast comer of the right-of-way intersection of Damascus Road and Walden Road being the POINT OF BEGINNING; starting at the Point of Beginning, thence turning and running N02024'14"E for a 2 distance of 4.64 feet to a point; thence turning and running N86054'26"E for a distance of 11.89 feet to a point; thence turning and.running N41 054'26"E for a 9istance of 251.97 feet to a point; thence turning and running N86054'26"E fora distance of 24.27 feet to a point; thence turning and running N88024'26"E for a distance of 20.26 feet to a point; thence turning and running N89054'26"E for a distance of 20.26 feet to a point; thence turning and runnjn,g S88035'34"E for a distance of 20.31 feet to a point; thence turning and running S86034'45"E for a distance of 44.88 feet to a point; thence turning and running SOo048'53"E for a distance' of 20. 05 feet to a point; thence turning and running N86034'45"W for a distance of 46.01 feet to a point; thence turning and running N88 035'34"W for a distance of 19.69 feet to a point; thence turning and running S89054'26"W for a distance of 19.74 feet to a point; thence turnina and running S88 024 '26"W for a distanr.e of 19.74 feet to a point; thence turning and running S86054'26"W for a distance of 15.73 feet to a point; thence turning and running S41 054'26"W for a distance of 235.90 feet to a point; thence turning and running N85 057'1 O'W for a distance of 32.24 feet back to the Point of Beginning. UTILITY CORRIDOR "A" (Tax Map 043-4. Parcel 13.01) -All that tract. or parcel. of land containinq 18.960 square feet and described as follows: Starting at a point along the right-of-way of Wrightsboro Road being 301.82 feet N88008'44"E of the right-of-way intersection of Damascus Road; thence turning and running SOo048'53"E for a distance of 16.55 feet to the POINT OF BEGINNING. Starting aUhe Point of Beginning, , thence turning and running S86034'45"E for a distance of 172.79 feet to a point; thence turning and running S85048'48"E for a distance of 138.00 feet to a point; thence turning and running S00044'13" W for a distance of 1.77 feet to a point; thence turning and running S89 '15'38"E for a distance of 20.00 feet to a point; thence turning and running NOO'44'13"E .~ 3 for a distance of O. 86 feet to a point; thence turning and running S87'09'50"E for a distance of 68.82 feet to a point; thence turning and running S88007'20':E for a distance of 228.04 feet to a point; thence turning and running S89012'26"E for a distance of 193.13 feet to a point; thence turning and running S88046'17"E for a distance of 83.50 feet to a point; thence turning and running S86049'15"E for a distance of 46.23 feet to a point; thence turning ?~d running S14052'34"W for a distance of 16.82 feet to a point; thence turning and running S75007'16"E for a distance of 1 r 40 feet to a point; thence turning and running N86 049 '15"W for a distance of 59. 52 feet to a point; thence turning and running N88046'17'W for a distance of 83.08 feet to a point; thence turning and running N89'12'26'W for a distance of 193.24 feet to a point; thence turning and running N88'07'20"W for a distance of 228.39 feet to a point; thence turning and running N87009'50"W for 1 distance of 81.85 feet to a point; thence turning and running N85048'48"W for a distance of 145.48 feet to a point; thence turning and running N86034'45'W for a distance of 171. 18 feet to a point; thence turning and running NOo048'53"W for a distance of 20.05 feet back to the Point of Beginning. UTILITY CORRIDOR "B" (Tax Map 043-4. Parcel 13.01) - All that tract, or parcel. of land containinq 70.743 square feet and described as follows~' . Starting at a point along the right-of-way of Wrightsboro Road being 376.68 feet N83022'29"W of the right-of-way intersection of Highland Avenue; thence running N83'22'29"W for a distance of 4.45 feet to the POINT OF BEGINNING. Starting at the Point of Beginning, thence , turning and running S51 020'19'W for a distance of 57.17 feet to a point; thence turning and running N83 '39'41 'W for a distance of 66.98 feet to a point; thence turning and running N83 039'41 "W for a distance of 264.65 feet to a point; thence turning and running N83 '37'22"W for a distance of 156.46 feet to a point; thence turning and running N85'46'32"W for a 4 distance of 41. 60 feet to a point; thence turning and running S89'13'28"W for a distance of 19.56 feet to a point; thence turning and running S89013'26~'W for a distance of 19.56 feet to a point; thence turning and running S84 013'28"W for a distance of 19.56 feet to a point; thence turning and running S84'13'28"W for a distance of 19.56 feet to a point; thence turning and running S79'13'28"W for a distance of 20.00 feet to a point; thence turning !11d running S84013'28"W for a distan~e of 20.87 feet to a point; thence turning and running S89 '13'28"W for a distance of 20.87 feet to a point; thence turning and running N85'46'32"W for a distance of 60.87 feet to a point; thence turning and running N80046'32"W for a distance of 20.87 feet to a point; thence turning and running N75046'32"W for a distance of 20.87 feet to a point; thence turning and running N70046'32"W for a distance of 20.00 feet to a point; thence turning and running N75'46'32"W for a rJistance of 19.56 feet to a point; thence turning and running N75046'32"W for a distance of . 20.00 feet to a point; thence turning and running N75046'32"W for a distance of 19.56 feet to a point; thence turning and running N80'46'32"W for a distance of 19.30 feet to a point; thence turning and running N83'46'32"W for a distance of 74.80 feet to a point; thence turning and running N87'51 '18" W for a distance of 108.22 feet to a point; thence turning and running N88031'36"W for a distance of 207.82 feet to a point; thence turning and running N84 000'47"W for a distance of 112.39 feet to a point; thence turning and running N80038'53"Wfora distance of 240.74 feet to a point; thence turning and running N82'04'35"W for a distance of 170.82 feet to a point; thence turning and running N83010'54"W for a distance of 322.89 feet to a point; thence , turning and running N83'16'37'Wfora distance of 202. 07 feet to a point; thence turning and running N83 048'43"W for a distance of 177.70 feet to a point; thence turning and running N83004'30"W for a distance of 199.23 feet to a point; thence turning and running N83043'04'W for a distance of 181.24 feet to a point; thence turning and running N83038'01"W for a 5 distance of 170.04 feet to a point; thence turning and running N82'50'59"W for a distance of 136:04 feet to a point; thence turning and running N82049'14:'W for a distance of 122.76 feet to a point; thence turning and running N84 057'03"W for a distance of 118.74 feet to a point; thence turning and running N86'49'15"W for a distance of 83.41 feet to a point; thence turning and runningN14052'38"E for a distance of 20.42 feet to a point; thence turning .a~d running S86049'15"E for a distance of 79.59 feet to a point; thence turning and running S84057'03"E for a distance of 119.44 feet to a point; thence turning and running S82049'14"E for a distance of 123.14 feet to a point; thence turning and running S82050'59"E for a distance of 135.90 feet to a point; thence turning and running S83038'01"E for a distance of 169.89 feet to a point; thence turning and running S83043'04"E for a distance of 181.34 feet to a . point; thence turning and running S83004'30"E for a distance of 199.22 feet to a point; thence turning and running S83048'43"E for a distance of 177.67 feet to a point; thence turning andIunning S83016'37"E fora distance of 202. 18 feet to a point; thence turning and running' S83010'54"E for a distance of 323.10 feet to a point; thence turning and running S82004'35"E for a distance of 171.26 feet to a point; thence turning and running S80038'53"E for a distance of 240.40 feet to a point; thence turning and running S84000'47"E for a distance of 111.02 feet to a point; thence turning and running S88031'36"E for a distance of 207.15 feet to a point; thence turning and running S87'51 '18"E for a distance of 109.05 feet to a point; thence turning and running S83'46'32"E for a distance of 76.04 feet to a point; thence turning and running S80046'32"E for a distance of 20.70 feet to a point; thence turning and , running S75046'32"E for a distance of 20.44 feet to a point; thence turning and running S75046'32"E for a distance of 20.00 feet to a point; thence turning and running S75'46'32"E for a distance of 20.44 feet to a point; thence turning and running S75046'32"E for a distance of 20.00 feet to a point; thence turning and running S75046'32"E for a distance of 6 19.13 feet to a point; then'ce turning and running S80046'32"E for a distance of 19.13 feet to a point; thence turning and running S85046'32"E for a distance of 5Q. 13 feet to a point; thence turning and running N89013'28"E for a distance of 19.13 feet to a point; thence turning and running N84013'28"E for a distance of 19.13 feeUo a point; thence turning and running N79 013'28"E for a distance of 20. 00 feet to a point; thence turning and running N~4: 13'28"E for a distance of 20. 44 feet to a point; thence turning and running N84'13'28"E for a distance of 20.44 feet to a point; thence turning and running N89 013'28"E for a distance of 20.44 feet to a point; thence turning and running N89'13'28"E for a distance of 20.44 feet to a point; thence turning and running S85046'32"E for a distance of 42.85 feet to a point; thence turning and running S83037'22"E for a ~istance of 156.84 feet to a point; thence turning and running S83039'41"E for a distance of 264.63 feet to ;;point; thence turning and running S83039'41"E for a distance of 58. 70 feet to a point; thence turning and running N51 020'19"E for a distance of 29.09 feet to a point; thence turning and running S83022'29"E for a distance of 28. 14 feet back to the point of beginning. All three Utility Corridors are more fully described on a plat consisting of five (5) sheets, prepared by Cranston Engineering Group, P.C., dated November 1, 2006, and attached to this instrument as "Exhibit A"; to which plat reference is hereby made for a more complete and accurate description as to the metes, bounds and location of said property. By accepting this release of property easement, the Airport Owner agrees to: 1. 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 2. Ensure that they and their successors and assigns restrict the height of structures, objects of natural growth and other obstructions on the subject property to such, a height so as to comply with Federal Aviation Regulations, Part 77. FAA requires submittal of an FAA Form 7460-1 for project review and airspace analysis at least 60 days prior to project construction. 3. Ensure that they and their successors and assigns prevent any use of the subject property which would interfere with landing or taking off of aircraft at the Augusta - Daniel Fieid' or otherwise constitute an airport hazard. 4. Retain or reserve necessary interests or rights to ensure that the subject property will only be used for purposes, which are compatible with the noise levels generated by aircraft using the airport. 5. Deposit the net proceeds of the appraised Fair Market Value (FMV) of $29,165 in an interest bearing account currently paying the highest interest rate immediately after consummation of the sale, where it shall remain until utilized for payment of an FAA approved use at the Augusta- Daniel FieRi. .. 6. Expend, within seven (7) years of the Deed of Release execution date, the sum of $29,165 plus accumulated interest for purposes pre-approved by the FAA. It is understood and agreed that this amount will not be eligible as sponsor-matching funds for Federally assisted airport development. 7. 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. 8. Update the Airport Layout Plan upon acceptance of the release and revise the Exhibit "A" property map to reflect the new airport boundaries and land data for FAA records. 9. Insure that they and their successors and assigns shall not permit/afford access from/ through the subject property easement onto Airport property without prior permission from the ,appropriate Airport authority via controlled airport access points. 10. Impacts to Airport property must be returned to their original condition or improved to meet FAA design and safety standards (Le. replace fencing, pavement, lighting; grade RSA/ OFA, etc.) as soon as possible and as necessary. r ... ... . . 8 In consideration of these premises, the ,FAA agrees to release the Airport Owner from the obligations, terms, and conditions of grant agreements as they may relate to the granting of an easement on the subject property. This release is effective on the date this agreement is signed by a representative of the Airport Owner. Please indicate your acceptance of these conditions by signing and completing the bottom portion of this letter and the enclosed duplicate and returning one copy to our office. (Please attach the five above noted plat drawings identified as Exhibit A to all additional copies of this Letter of Release. FAA has the appropriate drawings on file already to append once the final documents are signed and returned to our office.) Please contact me with any further questions. FAA Atlanta Airports District Office 1701 Columbia Ave. Campus Bldg. Ste. 2-260 College Park, GA 30337 ;1; c/.~ Scott Seritt, Manager Atlanta Airports District Office if ~~cePtet): 1!J~'t/ Title: M.A 'l ~,(... Date: It {,..., {c> 1 ~