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Complaint - Jenn Larratt-Smith v Conder Part 3 DDA March Joint Powers Redevelopment AGency

Riverside City Council
December 13, 2022

Document
Complaint - Jenn Larratt-Smith v Conder Part 3 DDA March Joint Powers Redevelopment AGency
Meeting
December 13, 2022
Body
Riverside City Council
Pages
4
Original file
7.9 MB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

RECORDING REQUESTED BY Recorded In Official Records
County of Riverside
AND WHEN RECORDED MAIL TO: Larry W. Ward
Assessor, County Clerk & Recorder
March loint Powers Authority
March Inland Port
3430 Bandy Avenue
Riversite, CA 92518 PAGE sze DA PCOR HOCOR MASC.

Attn: Executive Director
COPY LoNG REFUND NCHO
59T0

INSTRUMENT OF RELEASE
This 2005 Instrument of Release (the "Release") made by the United States of America, acting by and through the Administrator of the Federal Aviation Administration (the "FAA"), pursuant to the provisions contained in Title 49 United States Code Section 47107(h) and 47153, hereby grants to the March Joint Powers Authority, a joint powers authority established under the laws of the State of California (the "Grantee"), a release from certain obligations in favor of the FAA, affecting certain lands more particularly described herein, which are located at the public airport known as the "March Inland Port," in Riverside County, Califomia.

WITNESSETH:

WHEREAS, pursuant to the provisions of the Base Closure and Realignment Act of 1988, as amended, Public Law 100-526 Title 10 United States Code Section 2687 ("Public Law 100-525), the Surplus Property Act of 1944, as amended and Title 49 United States Code Section. 47151, the United States of America acting by and through the Secretary of the Air Force, did by the certain Quitclaim Deeds identified as Recorded Instrument No. 2001-622399 dated December 14, 2001, and Recorded Instrument No. 2002-742244 dated December 11, 2002, Official Records of the Recorder of Riverside County, Califoria (the "Quitclaim Deed"), convey certain portions of the former March Air Force Base to the March Joint Powers Authority:
(the within Grantee) subject to certain reservations set forth in Public Law 100-526 and the WHEREAS, the Grantee is the fee owner and operator of the March Inland Port (the "Airor"), a public airport located on portions of the former March Air Force Base; and WHEREAS, pursuant to Title 49 United States Code Section 47107, et seq., the Grantee, as the grant recipient, and as a condition for receiving federal airport grant aid, has provided written assurances to the FAA that the Grantee will comply with conditions specified in the 1 following Airport Improvement Program grant agreements (collectively, the "Grant Agreements"):

START DATE DESCRIPTION GRANT SHARE FAA GRANT NO.
2001 Taxiway, Apron & Fuel Farm $2,585,000 3-06-0201-01 2002 Perimeter Fencing $SSS,5S5 3-06-0201-02
2003 Lighting & Fuel Farm Phase II $722,200 3-06-0201-03 2004 Apron Expansion (East) $1,500,000 3-06-0201-04
WHEREAS, the Grantee has requested that the FAA Administrator approve a release of a privators read on, and post mics con ined to the ironim ice an and eatin fond iras, Agreements; and
WHEREAS, Grantee is requesting the release of certain lands as more particularly WHEREAS, the FAA, pursuant to the provisions contained in Title 49 United States Code Sections 47107(h) and 47153, is authorized to grant a release from the conditions, reservations, restrictions, and assurances contained in Quitclaim Deed and the Grant Agreements between the United States of America and the Grantee for the lands hereinafter more particularly described; and
WHEREAS, the FAA Administrator has determined that the lands hereinafter described and shown in the following exhibits no longer serve an airport purpose and these exhibits are identified as follows:

Exhibit "A" (Parcel D3-East)
Exhibit "B" (Parcel D3-West)
WHEREAS, collectively, the lands described in the exhibits identified above are referred to in this Release as the "Release Parcels"; and
WHEREAS, the Grantee pursuant to its Resolution No. JPA 05-04R, dated February 16, 2005 a copy of which is attached hereto as Exhibit "C" and Resolution No. JPA 05-06, dated February 16, 2005 a copy of which is attached hereto as Exhibit "D", agrees and covenants to the Authority resolving to use all proccods for the improvement, development, and maintenance of the March Inland Port in accordance with the terms of Resolution No. JPA 05-04R and Resolution No. JPA 05-06.
2 NOW THEREFORE, in consideration of the benefits to accrue to the United States of merica and to civil aviation, the United States of America, acting by and through the FAA ereby agrees to release the rights and interests reserved to the FAA in the March Releas Parcels, containing a total area of 184.70 acres, more or less, and more particularly described in Exhibits "A" and "B", attached hereto, from the aeronautical and aviation conditions, reservations, restrictions, and assurances contained in Quitclaim Deed and the Grant Agreer.ents.

This Release is granted subject to the following conditions:

Covenants and Conditions. The instrument used by the Grantee to transfer the real property described in this Release, namely, D-3 East and D-3 West, shall include the following covenants, conditions, restrictions and reservations.

Right of Flight. There is hereby reserved to the March Joint Powers Authority, its successors and assignees, 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 premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace, or landing at, taking off from, or operating at the March Inland Port and March Air Reserve Basc.
b) No Obstructions. The transferee, recipient, or grantee of the land conveyed herein, by accepting this conveyance from the March Joint Powers Authority, expressly agrees for itself, its successors and assignees that it will not erect nor permit the erection of any structure, objects of natural growth or other obstructions, on the land conveyed here in, above a height that is determined pursuant to the requirements of Title 14 Code of Federal Regulations Part 77. In the event the aforesaid covenant is breached, the March Joint Powers Authority, its successors and assigns herein reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending natural growth, all of which shall be at the expense of said transferee, recipient, or grantee.
of the land conveyed herein in any manner which might interfere with the landing and taking off of aircraft from said airports or which might otherwise constitute an airport recipient, or grantee.

Purpose of Release. This Release is granted to authorize the disposal of airport property that was deemed to have no airport purpose for the Airport or the Grantee and to 3 recognize the use of the sale proceeds for the purpose of acquiring property located near the March Inland Port that has value to the Airport and the Grantee for airport purposes.

Use of Proceeds. The sale proceeds from the disposal of airport land subject to this release, as well as land acquired with the proceeds from a released parcel, will only be used for airport purposes and all proceeds or revenue derived therefrom will be devoted 1o the improviment, development, and maintenance of the March Inland Port. (Signatures to follow)
IN WITNESS WHEREOF, the United States of America has caused this Instrument of Release: to be executed on the 23" day of September, 2005.

UNITED STATES OF AMERICA,
acting by and through the Administrator of the
Federal Aviation Administration
By:.

KESHA SMITH Manager, Airports Division
Commission & 1334135
Notary Pubilo - Calffomia
Los Angeles County Federal Aviation Administration
(NOTARY SEAL)
Notary Sighature
My Commission expires: Dec. 10,2405

MARCH JOINT POWERS AUTHORITY

ACCEPTANCE BY A PUBLIC AGENCY OF THE TERMS AND CONDITIONS OF THE 2005 INSTRUMENT OF RELEASE AFFECTING CERTAIN LANDS OWNED BY THE

MARCH JOINT POWERS AUTHORITY
On behalf of the March Joint Powers Authority, the Grantee of the within Release, the undersigned officer hereby acknowledges the acceptance of the terms and conditions of the Release by the governing board of the Grantce.

Executive Director
Title
Philip A. Rizzo September 29, 2005
Print Name Date
5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomi:
sS.

County of os Angeles
onseptembero23,2005 bolorome L eshmith Notaryluble
personally appeared 4. MELTardy
• personally known to me

KESHA SMITH
Commission # 1334135 proved 1o me on the basis of satisfactory evidence
Notary Public - California Los Angeles County
N. Conn. Exphes Dec 10.2005 to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
same his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.

INESS my hand and official seal.
of Notary Public

OPTIONAL
Though the information below is not required by few, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Tito or Type of Document Instrument Of Relese
Document Dater September 23,2005 _ Number of Pagos: 15
Signers) Other Than Named Above: _
Signer's Name: Mark
• Individual Top of thumb here
• Corporate Officer - Title(s):
• Partner - O Limited • General
D Attomey-in-Fact
• Trustee
1 our Manager
Signer Is Reprasenting:_ Federal Aviation Administratian © 1900 Narional Notary Aurocanon 9350 De Suto dwe., P.O. Boy 2402 - Chetworth, CA 91313-2602 • mww.nationathotary.org Prod. No 5907 Reorder: Cal Toll-Free 1-900-878-6527

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.

County of Riverside
On September 29, 2005
personally appeared Philip Ae Rizzo
Hiame(i) of Stonerio
Xli personally known to me
• proved to me on the basis of satisfactory
evidence
CAREY L ALEN to be the personit whose namely istle
ammiasion # 149612 subscribed to the within instrument and dary Public - Callor
Ivantdo County ace owned to me that Borized
his/BatH*d authorized
My Comm. Espiten Jun 28, 2008 capacity est and that by histories signatureýst on the instrument the personget or
the entity upon behalf of which the persons;
acted, executed the instrument.

WITNESS and otticial seal.

Signature of Notary Putrie
- OPTIONAL
Though the information balow is not required by low, it may prove valuable to parsons relying on the document and could provent fraudulent removal and meatlachment of this form to another document Description of Attached Document
Title or Type of Document: Instrument of Release
Document Date: _ September 22,. 2005 _ Number of Pages: _ 14 Signer(6) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer'& Name: Philip A. Rizzo
D Individual Top of thumo here
XX Corporate Officer - Title(s): Executive Director
• Partner - D Limited D General
• Attomey-in-Fact
• Trustee
• Guardian or Conservator
D Other:

Signer Is Ropresenting: March Joint Powers Authority
O 1299 Mallord Molery Masociation 9350 De Soto Ara., P.O. Bus 2402 - Chatsmart. CA 91317-2402 - mae nellonelzotanyong Prod. No. 5007 Reorder: Cal Tol-Free 1-800-679-0621 EXHIBIT "A"
MARCH PARCEL D-3 EAST
In the Crunty of Riverside, State of Califomia, being that portion of Section 15 of Township 3 South, Range 4 West, San Bernardino Base and Meridian, also shown as Parcel 3 on Record of Survey 000-135 filed in Book 110, Pages 30 through 40, inclusive, of Records of Survey, in the County Recorder's Office of said County, more particularly described as follows:

Beginning at the northerly terminus of that certain course in the westerly line of the Atchison, Topeka and Santa Fe Raitread Right-of-Way, as shown on sheet 7 of 11 sheets of said Record of Survey, said course bears South 1992304" East 2,577.64 foet, also being shown on Califomia Department of Transportation Map No. 435571-8 on file with the County of Riverside as Map No. 205-254; thence South 19°23'04" East 2,577.64 feet to the beginning of a non-tangent curve concave northeasterly having a radius of 875.00 feet, a radial line to said beginning of bears South 33°2641" West, said beginning also being a point on the easterly Right of Way line of State Route 215 as shown on Califomia Department of Transportation Map No. 435571-6 on file with the County of Riverside as Map No. 205.251; thence along said easterly line the following 9 courses:

1. North'westerly 171.38 feet along said curve through a central angle of 11 ° 1320";

2. North 45°20'00" West 391.10 feet;

3. North 10°3027" West 878.53 feet to the beginning of a curve concave northeasterly having a radius of 4,875.00 feet;

4. northwesterly along said curve 508.50 feet through a central angle of 05°5835;

5. North 28°08'58" West 486.75 feet;

6. North 17°49'57" West 447.33 feet;

7. North 30°29'16" East 42.45 feet;

8. North 39°54'38" East 415.29 feet to the southerly line of Alessandro Boulevard as shown on Califomia Department of Transportation Map No. 435571-8 on file with the County of Riverside as Map No. 205-254;

9. thence along said southerly line South 89°51'58" East 314.75 feet to the Point of Beginning.

Containing 1,447,263 square feet or 33.22 acres, more or less, based upon grid distances.

The bear.ngs and distances used in the above description are grid distances based on the California Coordinate System of 1983, Zone 6. Multiply distances shown by 1.00007058 to obtain ground distances.
6 EXHIBIT "B"
MARCH PARCEL D-3 WEST
In the County of Riverside, State of California, being that portion of Sections 14, 15, 22 and 23 of Township 3 South, Range 4 West, San Bernardino Base and Meridian, also shown as Parcel 3 on Record of Survey 00-135 filed in Book 110, Pages 30 through 40, inclusive, of Records of Survey, in the County Recorders Office of said County, more particularly described as follows:

Beginning at the westerly terminus of that certain course, as shown on shoet 6 of 11 sheets of said Record of Survey, said course bears North 89°5324" East 1201.72 feet, said course also being on the southerly line of Alessandro Boulevard as shown on California Department of Transportation Map No. 435571-7 on file with the County of Riverside as Map No. 205-253; thence along said southerly line North 89°5324" East 1,201.72 feet, to ize trie point of beginning; thence continuing along said southerly line North 89°53'24" East 792.42 feet to the westerly Right-of-Way line of State Route 215 as shown on California Department of Transportation Map No. 435571, Pages 5 through 8, inclusive, on file with the County of Riverside as Map No. 205. pages 251 through 254, inclusive, also being the beginning of a non-tangent curve concave easterly having a radius of 1,860.00 feet, a radial line to said beginning of curve bears South 81°48'14" West; thence along said westerly Right-of-Way Line the following 21 courses:

1. southerly 34.81 feet along said curve through a central angle of 01°04'20" to the beginning of a non-tangent curve concave southwesterly having a radius of 775.00 fcet, a radial line to said beginning of curve bears South 00°2122" East;

2. easterly and southeasterly 787.46 feet along said curve through a central angle of 58°3'00";

3. South 32°08'22" East 748.36 feet to the beginning of a non-tangent curve concave northeasterly having a radius of 5,125.00 feet, a radial line to said beginning bears South 56°40'31" West;

4. southeasterly 643.21 feet along said curve through a central angle of 07°1127"; :

5. South 40°30'56" East 328.40 feet;

6. South 34°48'19" East 264.26 feet to the beginning of a curve concave westerly having a radius of 1,147.00 fect;

7. Southeasterly and southerly along said curve 554.37 feet through a central angle of 27°41'31";

8. South 07°06'47" East 289.23 feet;

9. South 80°37'30" West 65.33 feet to the beginning of a curve concave northerly having a radius of 1,556.00 feet;

10. westerly along said curve 154.53 feet through a central angle of 05°4125"; 7 11. South 36'34'39" East 103.65 feet to the beginning of a non-tangent curve concave northerly having a radius of 1,644.00 feet, a radial line to said beginning of curve bears North 05°38'49" West;

12. easterly 106.97 feet along said curve through a central angle of 03°43'41";

13. North 80°37'30" East 45.41 feet;

14. South 11°4133" East 197.18 feet to the beginning of a curve concave northeasterly having a radius of 375.00 feet;

15. southerly and southeasterly along said curve 327.27 feet through a central angle of 50°0013";

16. South 61°41'46" East 732.96 feet to the beginning of a curve concave southwesterly having a radius of 797.00 feet;

17. southeasterly along said curve 261.98 feet through a central angle of 18°50'01 ";

18. South 19°23'37" East 1,521.93 feet;

19. South 70°36'45" West 140.02 feet;

20. South 19°23'15" East 279.98 feet;

21. North 70°36'45" East 140.05 feet to the northerly prolongation of the westerly Line of Atchison, Topeka and Santa Fe Railroad Right-of-Way, as shown on said California Department of Transportation Map, thence along said northerly prolongation and westerly line the following 2 courses:

1. Soutt. 19°23'37" East 2,303.13 feet;

2. South 19°22'37" East 319.87 feet;
thence leaving said westerly line South 59°52'39" West 211.38 feet; thence North 30°0721" West 6865.62 feet; thence North 38°39'15" West 2,811.22 feet to the true point of beginning.

Containing 6,598,613 square feet or 151.48 acres, more or less, based upon grid distances.

The distances used in the above description are grid distances based on the California Coordinate System of 1983, Zone 6. Multiply distances shown by 1.00007058 to obtain ground distances.

EXHIBIT c"
MJPA RESOLUTION NO. JPA OS-04R, DATED FEBRUARY 16, 2005 Parcel D-3 East

EXHIBIT C
D-3 East
RESOLUTION JPA #05-04R

A RESOLUTION OF THE MARCH JOINT POWERS COMMISSION OF THE

MARCH JOINT POWERS AUTHORITY, OBLIGATING THE MARCH JOINT

POWERS AUTHORITY TO REIMBURSE THE AIRPORT FUND IN THE
AMOUNT EQUAL TO THE APPRAISED FAIR MARKET VALUE OF THE D-3 EAST LAND.

WHEREAS, The Federal Aviation Administration (FAA) has advised the March and FAA policy;
WHERGAS, the March Joint Powers Commission of the March Joint Powers Authority approved the sale of March Inland Port (the Airport) lands designated as D-3 East land, and now seeks FAA concurrence for its proposed action to comply with all applicable Federal law and FAA policy and for the continued provision of adequate public airport facilities to be provided the citizens of Riverside County, California; WHEREAS, the March Joint Powers Commission of the March Joint Powers uthority approved the acquisition of an approximate 45-acre site with the proceeds c e sale of D-3 East land to preclude incompatible development in the vicinity of t1 Airport; and
NOW, THEREFORE, BE IT RESOLVED by the March Joint Powers BE IT FURTHER RESOLVED, that the March Joint Powers Commission of be accomplished before improvements in the next category are begun:

A. pproved items of airport development set forth in USC 47101 et seg. t e accomplished in accordance with currently applicable FAA desig criteria and FAA completion schedules.
9a
-
:

B.

Any artel en of are roame it for dire real.

C. • Current expenses for repair, maintenance and operation of airport use properties.
the ExeCuti Die or to enerin Can agristient iby e Polera vietion Admini tries fo: the purpose of binding the March Joint Powers Authority to all its promises, covenants, and agreements, as set forth in this Resolution.

ADOPTED, by the members of the Joint Powers Commission of the March Joint Powers Authority this 16° day of February 2005 Desyl R. Busch, Chairgan
March Joint Powers Commission
I, Carey L. Allen, Clerk of the March Joint Powers Commission of the March Joint Powers Authority, do hereby certify that the foregoing Resolution #JPA 05-04R was duly nd regularly introduced, passed, and adopted by the March Joint Powers Commission of he: March Joint Powers Authority at the regular meeting thereof held on the 16* day o February, 2005, and the foregoing is a full, true, and correct copy of said Resolution, and it has not been amended or repealed.

Ayes: White, Buster, Schiavonc, Adkison, Ashley, Stewart, Busch Noes:

Abstain: None

Absent: Yarbrough
Date: February 16, 2005
atey L. Xilen, Cler
March Joint Powers Commission
• •
EXHIBIT "D"
MIPA RESOLUTION NO. JPA OS-06, DATED FEBRUARY 16, 2005
Parcel D-3 West
10 EXHIBIT D
D-3 West
RESOLUTION JPA #05-06

A RESOLUTION OF THE MARCE JOINT POWERS COMMISSION OF THE

MARCH JOINT POWERS AUTHORITY, AUTHORIZING THE MARCH JOINT

POWERS AUTHORITY TO SEEK FEDERAL AVIATION ADMINISTRATION RELEASE FROM APPLICABLE OBLIGATIONS OF THE D-3 WEST LAND IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND FAA POLICY.

WHEREAS, the Federal Aviation Administration (FAA) has advised the March Joint Powers Authority that Federal law and FAA policy require, as part of a land releas hist airport land be disposed of at its fair market value and that all sale proceeds be expended for the capital or operating costa of the airport in accordance with applicable Federal law and FAA policy and that such requirements apply to the sale of March Inland Port (the Airport) lands designated as the D-3 West;
WHEREAS, the March Joint Powers Commission of the March Joint Powers Authority seeks an FAA release for the Airport lands designated as D-3 West from applicable Federal obligations and recognizes the need for the continued provision of adequate public airport facilities to be provided the citizens of Riverside County, NOW, THEREFORE, BE IT RESOLVED by the March Joint Powers Commission of the March Joint Powers Authority that the March Joint Powers Authority shall establish the fair market value of D-3 West by appraisal and sell, at fair marke value, D.3 West, and deposit the proceeds in the Airport fund in accordance witt apylicable Federal law and FAA policy in order to secure FAA release from the apylicable Federal obligations;
BE IT FURTHER RESOLVED, that the March Joint Powers Commission for the March Joint Powers Authority further agrees with the FAA that expenditures of funding on the Airport will follow the following priority categories, and it is further provided that all currently needed development within the highest priority category must bo :
accomplished before improvements in the next category are begun:

Approved items of airport development set forth in USC 47101 et seq. to be accomplished in accordance with currently applicable FAA design criteria and FAA completion schedules.

B. Any aeronautical items of airport development ineligible for direct Federal id under the Airport Improvement Program.

C. Current expenses for repair, maintenance and operation of airport use properties.
10a
The March Joint Powers Commission hereby empowers, authorizes, and directs the Executive Director to enter in an Agreement with the Federal Aviation Administration for the purpose of binding the March Joint Powers Authority to all its promises, covenants, and agreements, as set forth in this Resolution.

ADOPTED, by the members of the Joint Powers Commission of the March Joint Powers Authority this 16" day of February 2005.

Daryl R. Busen, Chairman
March Joint Powers Commission
the March Joint Powers Authority at the regular meeting thercof held on the 16# day of February, 2005, and the foregoing is a full, true, and correct copy of said Resolution, and it has not been amended or repealed.

Ayes: White, Buster, Schiavone, Adkison, Ashley, Stewart, Busch Noes: None
Abstain: None

Absent: Yarbrough
Date: February 16, 2005
len, Serk
Mirch Joint Powers Commission
10b

EXHIBIT D

FIRST AMENDMENT TO WEST MARCH DISPOSITION

AND DEVELOPMENT AGREEMENT
FAA Letter
[To Be Attached]

EXHIBIT D
wC-114899
U.S Department Western-Pacific Region Federal Aviation Administration of Transportation Airports Division P.O. Box 82007
Los Angeles, CA 80009-2007
Federal Aviation
Administration
September 26, 2005
Philip A. Rizzo
Executive Director
March Joint Powers Authority
P.O. Box 7480
Moreno Valley, CA
Dear Mr. Rizzo:

March Inland Port
March Joint Powers Authority
This letter provides the Federal Aviation Administration (FAA)'s determination obligations attached to a portion of land at March Inland Port that requires the land to be used for airport purposes. The property being released consists of two parcels of land containing approximately 185 acres. One parcel (D-3 East) was already sold to acquire airport improvement and development.

This letter communicates the FAA's consent to the release of 185 acres of land, more or Deed for March Inland Port, as more fully described in the release document.

By accepting this release, the March Joint Powers Authority, in accordance with 49 USC 47107(a)(9, 10, & 16); (b); and (c)(2)(B), agrees to:
• Deposit the net proceeds of the appraised fair market value of the released land or mitigation credits in an interest-bearing account and utilize the proceeds on deposit for approved airport purposes.
• Use the net proceeds derived from the sale of the land or mitigation credits exclusively for airport development purposes within a period of five years from the date of receipt of sale proceeds, in accordance with Resolution 2005-106, I SEP 2 7 2005 L
HEy MAN
which is attached as an exhibit to the Instrument of Release. • Maintain accurate records of the expenditures of the net proceeds in accordance with the customary accounting practices and keep the records available for FAA inspection, as needed.
• Provide the FAA with a sales report after parcel D-3 West is sold. • Provide the FAA with recurring sales reports whenever mitigation credits on the Victoria Church property are sold.

Retain sufficient rights and interests over future land use to ensure that the released property will only be used for purposes that are compatible with and do not interfere with airport operations and aircraft using the airport, which is contained as a condition in the Instrument of Release.
• Ensure that an airspace evaluation is obtained from the FAA in accordance with Title 14 Code of Federal Regulations Part 77 for any construction proposed on the released land by making sure that FAA Form 7460-1, Notice of Proposed Construction or Alteration, is prepared and submitted to the FAA before any construction commences or equipment is placed on the released land. • Update the Airport Layout Plan and Exhibit A Property Map to reflect the new airport boundary.

The FAA decision to grant this land release was made only after due consideration of the environmental effects of the proposed federal action. Pursuant to FAA Order 5050.4A, Airport Environmental Handbook, an Environmental Assessment (EA) was prepared for the release of the subject property. The FAA made a "Finding of No Significant Impact" based on the EA, determining that the release will not have a significant effect on the environment.

Follow-up Action
Enclosed are four copies of the FAA-approved Instrument of Release, which have been igned by the FAA approving official. Please return two copies after the required fou obes of the Instrument of Release are executed, showing the original signature and titl of the official authorizing acceptance of the release for the March Joint Powers Authority. . •
•
Please return the two fully executed Instruments of Release to:

Tony Garcia
FAA Airports Division
P.O. Box 92007
Los Angeles, CA 90009-2007
Sincerely,
Ms a m.es.

Mark A. McClardy
Manager, Airports Division

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