HomeMy WebLinkAboutMINUTES - 04011997 - C20-C28 C• �
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on April 1, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
RESOLUTION NO. 97/153
(F.C.D. Act, Section 31)
(Gov. Code § 25526.5)
SUBJECT: Sale of Surplus Real Property (Dry Creek)
Project No. 7591-6D8309
Brentwood Area
The Board of Supervisors of Contra Costa County, as the Governing Body of the
Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT:
The District acquired certain real property by deed recorded on June 12, 1969, in
Book 5897 at page 837, in the Brentwood area, described in Exhibit "A" and shown in
Exhibit"B" attached hereto, for flood control purposes. Said property is DETERMINED to
be surplus and no longer necessary for District or other public purposes and its estimated
value does not exceed $10,000.00.
This Board hereby APPROVES and AUTHORIZES the sale of said property to Pulte
Home Corporation, pursuant to Government Code Section 25526.5 and the Board Chair
is hereby AUTHORIZED to execute a quitclaim deed on behalf of the District in
consideration for the payment received in full in the amount of$1,200.00, the estimated
fair market value of the property.
The Real Property Division is DIRECTED to cause said deed to be delivered to the
grantee.
Orig. Dept.: Public Works(R/P)
Contact: Ronald Babst(510)313-2226 eopy
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Grantee (via R/P) �p 1L BA HELOR CM of tmeboard
Community Development Dept. aBaaertieere
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(Form updated 2197)
RESOLUTION NO. 97/ 153
EXHIBIT "A"
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
ALL THAT PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL
"1" IN THAT CERTAIN DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY IN BOOK 5897 OF OFFICIAL RECORDS AT
PAGE 837, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERN LINE OF SAID PARCEL 1 AT THE
MOST SOUTHERN CORNER OF SAID PARCEL "A" AS SAID PARCEL IS SHOWN AND
SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 7370 FILED FOR
RECORD IN SAID OFFICE OF THE COUNTY RECORDER IN BOOK 361 OF MAPS AT
PAGE 35; THENCE, FROM SAID POINT OF BEGINNING, NORTHEASTERLY ALONG
THE GENERAL NORTHERN LINE OF SAID PARCEL "1" NORTH 58049' 11" EAST
7.650 METERS; THENCE, LEAVING SAID GENERAL NORTHERN LINE SOUTH
31010 '49" EAST 4.640 METERS; THENCE, SOUTH 58°49' 11" WEST 12.260
METERS; THENCE, SOUTH 48°55'47" WEST 10.586 METERS TO A POINT ON
THE GENERAL NORTHERN LINE OF SAID PARCEL 1 (5897 OR 837) ; THENCE,
ALONG SAID GENERAL NORTHERN LINE THE FOLLOWING THREE (3) COURSES:
1) NORTH 25033' 14" WEST 6.696 METERS, 2) ALONG THE ARC OF A NON
TANGENT 42.672 METER RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH
BEARS NORTH 25033'14" WEST, THROUGH A CENTRAL ANGLE OF 05037'35" AN
ARC DISTANCE OF 4.190 METERS, AND 3) TANGENT TO THE LAST NAMED
CURVE NORTH 58049'11" EAST 10.199 METERS TO THE POINT OF BEGINNING
AND CONTAINING 0.9113 HECTARES OF LAND MORE OR LESS.
PARCEL B:
ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED AS "PARCEL 3" AND
"PARCEL 4" IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT RECORDED JUNE 12, 1969 IN SAID OFFICE
OF THE COUNTY RECORDER IN BOOK 5897 OF OFFICIAL RECORDS AT PAGE
837.
c�`O LAND sEND OF DESCRIPTION
RD ERT E.BALDWIN A PREPARED BY:
t: Exp- 9 '
No,4367 P R. E. BALDWIN
Sr��EUFCPi.1&C��\ L.S. 4367
EXPIRES 09/30/97
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EXHIBI T "B"
PARCEL A
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No.4367
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PLAT TO ACCOMPANY LEGAL DESCRIP ROW
POIR77ON OF PARCEL 1 OF 5B97 OR 837
TO BE CONff 0 TO PUL TE HOME CORPORA 17ON
CITY OF BREN7"D — CONTRA COSTA COUNTY — CALIFORNIA
Prepared By
Luk, Milani & Associates
Civil Engineers — Land Planners — Land Surveyors
1465 Enea Circle #788
Concord, California 94520
MARCH 1997 SCALE 1:200
xm-VlLa4
Recorded at the request of:
First American Title Guaranty Company
After recording return to:
R. Miller, Pulte Home Corporation
5976 West Las Positas Blvd.#100
Pleasanton, CA 94588
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California,
Does hereby remise, release and forever quitclaim to PULTE HOME CORPORATION,
a Michigan Corporation, the following described real property in the City of Brentwood, of
the County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
Dated c . ,Q / /Z/7-
I
Z/7- By
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On �� �� ��7 before me,Phil Batchelor,
Clerk of th6 Board ofSupervisors and County Administrator,
ontra Costa County, personally appeared
&, kAc, who is personally known to
M6
(or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shetthey
executed the same in 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.
By:
—� Dep Clerk
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g.l realprop197-31DE4Pulte.wpd
March 5, 1997
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 1, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: None RESOLUTION NO. 97/ 152
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code§ 25526.6
SUBJECT: Conveyance of an Easement to the City of Antioch
Lindsey Basin
Project No. 7566-6D8369
Antioch Area
The Board of Supervisors as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired certain
real property by deeds recorded on August 14, 1987, in Book 13838 at Page 552, and on
August 23, 1990, in Book 16068 at Page 298, in the Antioch area. The City of Antioch has
requested an easement over a portion of said property, described in Exhibit "A" attached
hereto, for a sanitary sewer pipeline. This Board FINDS that the conveyance of such easement
is in the public interest and will not substantially conflict or interfere with the District's use of the
property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to
the City of Antioch over the property described in Exhibit "A" attached hereto, pursuant to the
above-referenced statutory authorities and the Board Chair is hereby AUTHORIZED to execute
a grant of easement on behalf of the District .
The Real Property Division is DIRECTED to cause said grant of easement to be
delivered to the grantee.
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Orig. Dept.: Public Works (R/P) an action take+ end enured Oe the m1rhan et Me
Board 01 Supe :300 on th0
Contact: Donna Dawkins (313-2224) p
cc: Public Works Accounting as18� mLoR.Cleeof the
Public Works Records
AdmWagaW
Grantee (via R/P) w
Recorder(via R/P)
Community Development
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9:Vea1prop1973%27Aent.wpd
(Form updaM 2/97)
RESOLUTION NO. 97/ 152
Recorded at the request of:
The City of Antioch
After recording return to:
Attention:
A.P.N. 053-060-009& 053-0724A##
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained herein, the
receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, a political subdivision of the State of Califomia, hereinafter
called DISTRICT, hereby grants to the City of Antioch, a municipal corporation, hereinafter called
GRANTEE, a nonexclusive right to a perpetual easement and right of way for installing, constructing,
reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a sanitary sewer
pipeline and appurtenances thereto, and for no other purposes whatsoever, along and in all of the
hereinafter described parcel of land situate in the County of Contra Costa, State of Callomia, described
as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "A"
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges DISTRICTs title to said lands and agrees never to assail or resist said
title.
2. GRANTEE shall, prior to any construction or installation within the subject easement area, submit
specific plans and specifications to DISTRICT for review and approval. Such approval, together with
any additional requirements to be in the form of a written permit issued by DISTRICT to GRANTEE. The
terms of such permit shall not be inconsistent with this easement.
3. a. The DISTRICT Property subject to this easement(hereinafter the"Property) is used for flood control
purposes, which may include but are not necessarily limited to the right to construct, reconstruct,
inspect, maintain, remove, replace, upgrade, operate, use and repair a flood control detention basin,
a channel, protection works and appurtenant structures, to enter upon said land with personnel,
vehicles and equipment, to remove all trees and vegetation thereon that interfere with the purpose
for which the Property was acquired, to take therefrom and use earth, rock, sand, and gravel for the
purpose of excavating, widening, deepening, and otherwise rectifying the basin, the channel, and
for the construction, maintenance and repair of embankments, protection works, and appurtenant
structures.
GRANTEE acknowledges that the use just described constitutes the primary use of the Property and
that any and all rights granted or implied by the Grant of Easement are secondary and subordinate
to the DISTRICTs primary use of the Property. GRANTEE shall not, at any time, use or permit the
public to use the Property in any manner that will interfere with or impair the DISTRICT's primary use
of the Property. GRANTEE shall not fence said easement without the express written permission
of the DISTRICT first had and obtained and shall remove any fencing when requested by DISTRICT
to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not
use or permit use of the easement for any purpose other than those described in this easement.
b. In the event that DISTRICT's work in the easement area will disrupt or otherwise interfere with
GRANTEE's facilities, DISTRICT shall provide GRANTEE with as much prior notice as is reasonable
under the circumstances before undertaking such activities on the Property. Absent an emergency
or other circumstances indicating that a longer or shorter notice should be given, thirty days shall be
deemed a reasonable notice. To the extent the circumstances allow, DISTRICT and GRANTEE will
use their best efforts to coordinate such work in the easement area so that said works of
construction, reconstruction, upgrading, maintenance, repairs or modifications to or removal of its
facilities can be accomplished with a minimum of disruption to the services provided by the
GRANTEE. DISTRICT and GRANTEE shall cooperate with one another to provide for the
expeditious completion of such work.
4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities
without first obtaining the prior written approval of its plans by DISTRICT.
5. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, removed or damaged as
a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than, their
existing condition at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do,
said work may be performed by DISTRICT at the expense of GRANTEE, which expense GRANTEE
agrees to pay to DISTRICT promptly upon demand, including engineering costs and any legal fees
incurred to collect said costs.
6. DISTRICT shall not be held responsible or liable for protecting in place, damage to, or removal of
GRANTEE's facilities, appurtenances or improvements, caused by or resulting from DISTRICT's use
of the Property or work or operation thereon. It shall be the sole responsibility of the GRANTEE to
provide and maintain adequate protection and surface markings for its own facilities. Subject to the
foregoing, if GRANTEE's property marked, protected and maintained facilities are damaged by the sole,
active negligence or willful misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost
and expense or, at the discretion of and upon written notice from DISTRICT, the damage shall be
repaired by GRANTEE and the reasonable cost of such repair shall be paid for by DISTRICT. Under
no circumstance shall DISTRICT have any liability to GRANTEE or to any other person or entity, for
consequential or special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or destruction of any portion
of the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any damage to
or destruction of any portion of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable
under this Grant of Easement, shall be to require DISTRICT to repair or replace the damaged or
destroyed portion or reimburse GRANTEE for GRANTEE's reasonable costs and expenses in repairing
or replacing the damaged or destroyed portion.
T The easement granted hereunder is non-exclusive. This easement is subject and subordinate to all
existing rights, rights of way, reservations, franchises and easements of record, or that would be evident
from a physical inspection or accurate survey of the Property, in and to the Property. Nothing contained
herein shall be construed to prevent DISTRICT from granting other easements, franchises or rights of
way over said lands, provided however, that said subsequent uses do not unreasonably prevent or
obstruct GRANTEE's easement rights hereunder.
8. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury
to the public, to individuals and to property arising out of GRANTEE's use of the Property.
GRANTEE shall indemnify, defend, save, protect and hold harmless, DISTRICT, its officers, agents,
employees and contractors from and against any and all threatened or actual loss, damage (including
foreseeable and unforeseeable consequential damages), liability, claims, suits, demands, judgments,
orders, costs, fines, penalties or expense of whatever character, including but not limited to those
relating to inverse condemnation, and including attomeys'fees, (hereinafter collectively referred to
as "liabilities") to persons or property, direct or consequential, directly or indirectly contributed to or
caused by GRANTEE's negligence or willful misconduct in its operations, acts or omissions pursuant
to this easement, or the GRANTEE's negligence or willful misconduct in its use of the easement,
save and except liabilities arising through the sole negligence or sole willful misconduct of the
DISTRICT, its officers or employees.
b. GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, DISTRICT from
any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void,
abrogate or annul this grant of easement or any act or approval of DISTRICT related thereto.
c. GRANTEE accepts the Property conveyed pursuant to this easement in an "as is" physical condition,
with no warranty express or implied on the part of the DISTRICT as to any matter, including but not
limited to the condition of the soil, water, subsurface strata or ambient air in, on, under, at or in the
vicinity of the Property. GRANTEE agrees that neither GRANTEE, its heirs, successors or assigns
shall ever claim, have or assert any right or action against DISTRICT for any loss, damage or other
matter arising out of or resulting from the presence of any hazardous substance or any other
condition of the Property at the commencement of the easement or from the release of any
hazardous substance in, on or around any part of the Property or in the soil, water, subsurface strata
or ambient air by any person or entity other than the DISTRICT following the commencement of this
easement. As used herein, "hazardous substance" means any substance, material or waste which
is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant"
under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in
any way to restrict the right of GRANTEE to seek contribution or indemnity from any person or entity
other than DISTRICT whose activities are a cause of any discharge, leakage, spillage or emission
of hazardous materials on or to the Property.
d. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and hold the
DISTRICT harmless from and against any and all claims, demands, liabilities, expenses (including
without limitation attorneys fees and consultants fees), penalties, damages, consequential damages
and losses, and costs (including but not limited to the costs of any required or necessary testing,
remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties and
from and against the preparation of any cleanup, remediation, closure or other required plans
whether such action is required or necessary prior to or following the termination of the easement),
of any kind or nature, to the extent directly caused by GRANTEE's operation or performance under
this easement, including all costs, claims, damages (including Property and personal injury) directly
caused by the uncovering, release or excavation of hazardous materials (including petroleum) as a
result of GRANTEE's construction, reconstruction, maintenance, use, replacement, or removal of
its facilities, to the extent that such activities have increased the costs attributable to the cleanup or
remediation of such hazardous materials.
e. The obligations contained in this section shall survive the expiration or other termination of this
easement.
9. a. GRANTEE understands and acknowledges that DISTRICT makes no representations, warranties
or guarantees of any kind or character, express or implied, with respect to the Property, and
GRANTEE is entering into this transaction without relying in any manner on any such representation
or warranty by DISTRICT.
b. DISTRICT makes no warranty, guarantee, representation or liability, express or implied, as to the
physical condition of the Property, including, but not limited to the condition and/or possible uses of
the land or any improvements thereon, the condition of the soil or the geology of the soil, the
condition of the air, surface water or groundwater, the presence of known and unknown faults, the
presence of any hazardous substances, materials, or other kinds of contamination or pollutants of
any kind in the air, soil, groundwater or surface water, or the suitability of the Property for the
construction and use of the improvements thereon. It shall be the sole responsibility of GRANTEE,
at its sole cost and expense, to investigate and determine the suitability of the soil, air, water, geo-
logic, environmental and seismic conditions of the Property for the intended use contemplated
herein, and to determine and comply with all building, planning and zoning regulations relative to the
Property and the uses to which It can be put. GRANTEE relies solely on GRANTEE's own judgment,
experience and investigations as to the present and future condition of the Property or its suitability
for GRANTEE's intended use.
10. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of
one year or in the event GRANTEE abandons any of its facilities or fails to use the easement for the
purpose for which it is granted, then all rights of GRANTEE in and to said lands shall hereupon
cease and terminate and title thereto shall immediately revert to and vest in the DISTRICT or its
successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request
by DISTRICT, and at GRANTEE's sole cost and expense, remove all its facilities from said lands and
restore said Property to its original condition. Upon failure of GRANTEE so to do, said work may be
performed by DISTRICT at GRANTEE's expense, which expense GRANTEE agrees to pay to
DISTRICT upon demand. GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in
this regard.
11. No rights granted hereunder shall be transferred or assigned without the prior written consent of
DISTRICT.
12. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions,
conditions, covenants, liens, claims of title, and restrictions of record and any prior rights of record,
or that would be evident by a physical inspection or an accurate survey, held by others within said
land, against which no warranty is made, and the word "grant" shall not be construed as a covenant
against the existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold
harmless DISTRICT, its agents, officers and employees, from any claim, action or proceeding to
attack, set aside, void or annul this easement.
13. Nothing herein contained shall be deemed to construe that access or other secondary rights are
conveyed by this document over any of DISTRICTs adjacent lands lying outside of the aforesaid
strip of land above described.
14. This grant of easement along with DISTRICT permit No. contains the entire agreement
between the parties hereto and shall not be modified in any manner except by an instrument in
writing executed by the parties or their respective successors in interest.
15. This grant of easement shall not be construed as if it had been prepared by one of the parties, but
rather as if both parties have prepared it. The parties to this grant of easement and their counsel
have read and reviewed this grant of easement and agree that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of
this grant of easement.
16. This indenture and all of the covenants herein contained shall inure to the benefit of and be binding
upon the heirs, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of
, 19`
GRANTOR: GRANTEE:
CONTRA COSTA COUNTY FLOOD CITY OF ANTIOCH
CONTROL&WATER CONSERVATION DISTRICT
By By
Chair, Board of Supervisors
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA )
On Anr;l 1. 1997 before me,Phil Batchelor,Clerk of the
Board of Supervisors apd County Admiri�strtgt, ont[a Cha County,
personally appeared bbupervisor r ue aulnier who is
personalty known to me (or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in 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.
By:
Deputy gferk
Form Approved(I V96)
Victor J.Westman,County Counsel
By
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c .21
EXHIBIT "A" 27 26
in NG A PORTION OF SECTION 34, 34 35
00 T. 2 N., R. 2 E., M.D.B. & M.
3 POINT OF COMMENCEMENT
FOUND RAILROAD SPIKE @
NORTH 1/4 COR. SEC. 34
o POINT OF BEGINNING
i
C
N 10' WIDE SANITARY
SEWER EASEMENT
5' ON EACH SIDE
OF CENTERLINE
!�
POINT "A'
a
�u 20' WIDE SANITARY
U SEWER EASEMENT
5' ON SW'LY SIDE OF CENTERLINE
v_ JP 15' ON NE'LY SIDE OF CENTERLINE
�Q LINE DIRECTION DISTANCE
O L1 S38°49'15"E 313.91 '
~ L2 S37°44'53"E 107.92'
Q
yyG9g �S L3 S36°51 '01" E 357.84'
gy L4 S35°57'07" E 357.84' v Ln
M M
Z G 0
L-5 S35°03'13"E 358.1 6'
U
GG�60 L6 S34°45'09" E 216.01 ' p Io
Ce G�6� b15� �6 � I c--
POINT OF TERMINATION u
I
2
c 0�� E 1 /4 COR.
SEC. 34
CENTER SECTION LINE
�0 %
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o Z 70 �G
LAND
0
M U o �� N 9 <�
N 7 �� 04 9i 0
0
Expires: t�
Os9 f 9-30-99
r
U I W OF CALIFQ OAF
U Of
s�
2 CONTAINING AN AREA OF 0.71 ACRES±
v i �
BASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE
CALIFORNIA COORDINATE SYSTEM ZONE III ESTABLISHED
FROM THE EXISTING MONUMENTED LINE OF LONE TREE WAY ���1KFti W
AS SHOWN ON CONTRA COSTA CO. PRECISE SECTION OF
STREETS AND HIGHWAYS PLANS NO. 6971 , FILED IN BOOK G ¢ W
5708 OF OFFICIAL RECORDS, AT PAGE 456, BEARING
SHOWN AS SOUTH 73010'52" EAST. FOR GROUND DISTANCES,
MULTIPLY EXPRESSED DISTANCES BY 1 .00007. ti 2
1 inch = 400 ft. ud1
McGILL MARTIN SELF, INC.
aoo 0 400 800 Civil 8ngineering Land Planning Swiveyting
4 Orinda Way, Suite 200A
CITY OF ANTIOCH orinda, CA 94563-2513
COUNTY OF CONTRA COSTA AU ret: 510.2548850
- Fax 510.254.3553
STATE OF CALIFORNIA SHEET 2 OF 2 FII F N(1 rrRC[1 0-9s-QR inA KM RRRMAI icco
EXHIBIT "Ali
Being a portion of Section 34, Township 2 North, Range 2 East, Mount Diablo
Base and Meridian, in the City of Antioch, County of Contra Costa, State of
California, further described as being a portion of that certain parcel of land
described in the deed to the Contra Costa County Flood Control and Water
Conservation District, filed for record August 23, 1990, in Book 16068 of Official
Records at Page 298, Records of said County, more particularly described as
follows:
An easement for sanitary sewer purposes, varying in width, the centerline of
which is described as follows:
Commencing at the north one-quarter corner of said Section 34, as shown on
that certain map recorded September 6, 1977, in Book 57 of Parcel Maps at
Page 38, Records of said County; thence along the center section line South
01" 01' 34" West, 854.41 feet to the POINT OF BEGINNING; thence leaving
said center section line South 38" 49' 15" East, 313.91 feet to Point "A"; thence
South 37"44' 53" East, 107.92 feet; thence South 36° 51' 01" East, 357.84 feet;
thence South 35" 57' 07" East, 357.84 feet; thence South 35' 03' 13" East,
358.16 feet to a point lying 41.50 feet southwesterly of, measured at right
angles to the southwesterly line of Southern Pacific Railroad Company
described in the deed to San Pablo & Tulare Railroad, recorded in Book 22 of
Deeds at Page 510, Records of said County; thence on a course parallel with
said southwesterly line South 34" 45' 09" East, 216.01 feet to the POINT OF
TERMINATION, said point lying on the northerly line of that certain parcel of
land described in the deed to Contra Costa County, filed for record February 1,
1994, as Series 94-29515, Records of said County.
The width of the above described easement is as follows: the portion lying
between the POINT OF BEGINNING and Point "A" is ten (10) feet, five (5) feet
on each side of the above described centerline; the portion lying between Point
"A" and the POINT OF TERMINATION is twenty (20) feet, five (5) feet on the
southwesterly side of, and fifteen (15) feet on the northeasterly side of the
above described centerline.
The sidelines of the above described easement to be lengthened or shortened,
to intersect the westerly line of said CCCFC & WCD parcel (16068 OR 298)
and the northerly line of said Contra Costa County parcel (94-29515).
Containing an area of 0.71 acres, more or less.
BASIS OF BEARINGS: All bearings are based on the California Coordinate
System Zone III, established from the existing monumented line of Lone Tree
Way, as shown on Contra Costa County Precise Section of the Streets and
Highways Plans No. 6971, filed in Book 5708 of Official Records, at Page 456,
bearing shown as South 73" 10' 52" East. For ground distances, multiply
hu 1 00007
Sanitary Sewer
F
CCCFC & WCD parcel
Job No. 668RW/SSB
September 25, 1996
Sheet 1 of 2 060825.7
57D2
Expires:
MeG LL MARTIN SELF, Inc. 9-3a Al9
Civil Engineering
Land Planning - Surveying', 9TF0�
4 Orinda Way,Suite 200A Orinda, CA (510) 254-8850
EXHIBIT "A" C.�I
BEING A PORTION OF SECTION 34,
T. 2 N., R. 2 E., M. D. B. & M.
U
z o\ a
0
1) o
� m
POINT OF COMMENCEMENT
0 .4 FOUND RAILROAD SPIKE 4
0 \ \ \ NORTH 1 /4 COR. SEC. 34
L)
CONTRA — — --
COSTA m LAUREL ROAD
CANAL O N'LY LINE OF SEC. 34
POINT OF !��N � S� N�6
TERMINATION CIA
CkN p
0 a
�9 Q
�9p NN Cc h
\ ?2 00
Q �0
10' WIDE SANITARY SEWER V W 4
EASEMENT _j
o
V)
POINT OF �\ APPROXIMATE LOCATION
BEGINNING w 10.00' P. G. & E. ESMT.
620 OR 255
J
LINE DIRECTION DISTANCE 16.50'CHEVRON ESMT.
z �� 4761 OR 143
L1 N38'49'15"W 135.22'
L2 N43°01 '21"W 522.82' U
L3 N43'00'39"W 316.32'
L4 N43'01 '15"W 33.62' r
z app
gm \�
C) o�
CONTAINING AN AREA OF 10,043 SQ. FT. ±
BASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE Eo LAND s \
CALIFORNIA COORDINATE SYSTEM ZONE III ESTABLISHED o°�p� F. sIC�R<1 X
FROM THE EXISTING MONUMENTED LINE OF LONE TREE WAY A\
AS SHOWN ON CONTRA COSTA CO. PRECISE SECTION OF o
STREETS AND HIGHWAYS PLANS NO. 6971 , FILED IN BOOK * 3 ' 5701
5708 OF OFFICIAL RECORDS, AT PAGE 456, BEARING P; e,:
SHOWN AS SOUTH 73'10'52" EAST. FOR GROUND DISTANCES, s� 9-30-99
MULTIPLY EXPRESSED DISTANCES BY 1 .00007. 9rFOF CALIF
1 inch = 200 ft.
MCGILL MARTIN SELF, INC.
200 0 200 400 Citil Engineering Land Planning Surveying
4 0rinda Way, Suite 200A
CITY OF ANTIOCH
COUNTY OF CONTRA COSTA T� Tel 510.2548850
c orinda' CA 94563-2513
Fax: 510 254 3553
STATE OF CALIFORNIA SHEET 2 OF 2 FILE N0.668SS1 9-25-96 JOB N0.668RW/SSR
EXHIBIT "A"
Being a portion of Section 34, Township 2 North, Range 2 East, Mount Diablo
Base and Meridian, in the City of Antioch, County of Contra Costa, State of
California, further described as being a portion of that certain parcel of land
described in the deed to the Contra Costa County Flood Control and Water
Conservation District, recorded August 14, 1987, in Book 13838 of Official
Records at Page 552, Records of said County, more particularly described as
follows:
An easement for sanitary sewer purposes, ten (10.00) feet in width, lying five
(5.00) feet on each side of, measured at right angles to the following described
centerline:
Commencing at the north one-quarter of said Section 34 as shown on that
certain map recorded September 6, 1977, in Book 57 of Parcel Maps at
Page 38, Records of said County; thence along the center section line South
01" 01' 34" West, 854.41 feet to the POINT OF BEGINNING; thence leaving
said center section line North 38° 49' 15" West, 135.22 feet; thence North 430
01' 21" West, 522.82 feet; thence North 43` 00' 39" West, 316.32 feet; thence
North 43' 01' 15" West, 33.62 feet to a paint on the northerly line of said Contra
Costa County Flood Control and Water Control District parcel and the POINT
OF TERMINATION.
Containing an area of 10,043 square feet, more or less.
BASIS OF BEARINGS: All bearings are based on the California Coordinate
System Zone III established from the existing monumented line of Lone Tree
Way, as shown on Contra Costa County Precise Section of the Streets and
Highways Plan No. 6971, filed in Book 5708 of Official Records at Page 456,
bearing shown as South 73° 10' 52" East. For ground distances, multiply
expressed distances by 1.00007.
END OF DESCRIPTION
Sanitary Sewer - Phase Iy tA,ifp S�
CCCFC & WCD Parcel f. SdF
Job No. 668-RW/SSB
September 25, 1996 �' �
Sheet 1 of 2 040924.7 ({/
i
570:
McGILL MAR'G`IN SELFy Inc.
CtvO Engincering I
I a 4 Planning - Surveying 9 OF of
d Odnsla Way,Sufie ZUOA oldndai CA {3111}2,SA 885it
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: APRIL 1, 1997
SUBJECT: SAN RAMON CREEK IMPROVEMENT PROJECT - ALAMO AREA
Project No.: 7520-6138562 Task: ACQ Account: 3540
SPECIFIC REQUEST($)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated March 10, 1997
from Laura Osborn.
B. AUTHORIZE the Chief Engineer to execute said Right of Way Contract on behalf of the
District.
C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to
issue a check for $1,500 payable to Laura Osborn, 13396 Willow Bend Drive, Tucson,
Arizona, 85737, to be forwarded to the Real Property Division for delivery.
Continued on Attachment: X SIGNATURE: 2WA J`f'/..
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 1 19`l 7 APPROVED AS RECOMMENDED OTHER_
VO E OF SUPERVISORS
UNANIMOUS(ABSENT Lf V
AYES: NOES:
ABSENT: ABSTAIN:
NW:gpp 1 nw.M aMeY ere cfr M a ew uM eana of
g:\realprop\97.4\BOc1-4.wpd @Wd m semen o;o mme dais crown °7e~
Orig. Div: Public Works(RIP)
Contact: Nancy Wenninger (313-2227) �enT EI-OR,clad of!So b m
q
cc: County Administrator s.naCowtyAaininro-arr
Auditor-Controller(via RIP) y ppuy
P.W.Accounting
Recorder(via RIP)
San Ramon Creek Improvement Project-Alamo Area
April 1, 1997
Page Two
D. DIRECT the Real Property Division to have the above-referenced Grant of Easement
recorded in the Office of the County Recorder.
II. Financial Impact:
Payment of$1,500 from Zone 3B Funds.
III. Reasons for Recommendations and Background:
These property rights are required for the widening and improvement of San Ramon Creek
between Livoma Avenue and Chaney Road in Alamo. High flows during storms in recent years
have caused significant erosion of the channel walls and threatened to flood adjacent properties.
This project is designed to prevent further erosion and increase the creek's flood flow capacity.
These goals will be achieved by 1) armoring the banks with a combination of gabion walls,
concrete rubble and rock slope protection; 2) selectively widening the channel; and 3) moving the
low flow channel away from the west side of the creek. Construction is scheduled to begin in the
summer of 1997.
IV. Consequences of Negative Action:
The District will be unable to construct the improvements according to the approved plans and
specifications.
Recorded request by:
Contra County Flood Control O /� l /'
C Waterr Conservation District ( ,
When Recorded Mail to:
Contra Costa County f I✓
Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: N. Wenninger
Assessors Parcel No.187-120-031 Project: San Ramon Creek Improvement Project
FCD Parcel No. 1786 Project No.: 7520-668562
GRANT OF EASEMENT
For and in consideration of the benefits to be derived by the undersigned by the establishment and maintenance
of the official channel hereinafter referred to, and for other valuable consideration, the undersigned, LAURA
OSBORN, who took title as HAZEL A. MILLER, hereby grants to CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, a
perpetual easement for flood control purposes in, over and across the real property situate in the County of
Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain and repair a
channel, whether covered or open protection works, and appurtenance structures for the purpose of confining
the water of San Ramon Creek and its tributaries, to enter upon said land with personnel, vehicles and
equipment, to remove all trees and vegetation thereon that interfere with the purpose for which the easement
herein is granted, to take therefrom and use earth, rock, sand and gravel for the purpose of excavation,
widening, deepening, and otherwise rectifying the channel, and for the construction, maintenance and repair of
embankments, fencing, protection works, and appurtenance structures by said GRANTEE, its officers, agents,
and employees, and persons under contract with it and their employees whenever and wherever necessary for
flood control purposes. Also included is the right to install, maintain or remove landscaping and other
environmental improvements.
The easement herein granted inches the right to make any necessary earth fills and to locate
eor relocate
existing drainage pipes or structures in connection therewith on lands of the GRANTOR lying outside said
easement, provided that after such fill and location or relocation is completed said lands of GRANTOR will be
left in a neat and orderly condition.
GRANTOR agrees not to further encumber or install, place or construct or cause to be installed, placed or
constructed any structures, facilities, growth or vegetation of any nature within or over the herein described
property without the prior written approval of the GRANTEE.
TO HAVE AND TO HOLD, together with the right to do all things necessary to be done for the purpose of
confining the waters of said stream and its tributaries within said right of way.
THIS indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the
heirs, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF this Grant of Easement is signed and executed this day of 1997.
-A G'� V 'oAG'1/YV
Laura Osborn
ATTACH APPROPRIATE ACKNOWLEDGEMENT
NW:gpp
g:Vealprop\temp\ea11 MIL.t2
February 3, 1997
ALL-PURPOSE ACKNOWLEDGEMENT C 22
'STATE OF ItNf ZOVI0-
COUNTY Of PI ii } Ss. Capacity Claimed by Signer:
On `3 (ID tcl ` before me,the undersigned,a Notary Public in and for said State )k'lndividual(,#,
personally appeared
LGL L Lr,,�L_ Q GJbo 1r r) ❑ Corporate ONicer(s)
Names)of Signage)
Tile(a)
❑ Personally known to me OR T't proved to me on the basis of satisfactory evidence
❑ Partner(s)
to be
tot thepersonKwhosename is subscribed
❑ Attorney-in-Fact
thinntumentandaeethat
f�
SEAL executed
the same in / Ir ❑ Trustee(s)
BRIAN BARNES aut zed capacity(, and that by ❑ Guardian/Conservator
NOINY Public-SYa2e of fol signatureN on the i strument the person r the
PIMA COUNTY entity upaon-- behalf of which the perso acted, ❑ Other:
My Comm,Expires SEPT:1, 2006 executed the instrument.
7 41 Witness m hand and official seal. Signer is lRepresenting:
"
C..L ��- f " � Name of persons)or Entity(ies)
..yJ
�� S�gnatme of Notary /�
(This area for official notarial seal) -6r-ICL , • �I 1�S
Name RYGeE or PrimeE)
ATTENTION NOTARY: Although the information requested below is optional,it cou preveent fraudulent attachme t of this certificate to another document.
THIS CERTIFICATE Title or Type of Document a Irr-AMUST BE �T L�S4//T`lLSZ
TATTACHED
O THE DOCUMENTNumber of Pages Date of Document
DESCRIBED AT THE /
RIGHT: Signers)Other Than Named Above
SAV•191(5/93)
l San Ramon Creek
6 drrc Parcels 1786 & 1786T-Miller
DWG. ED-847
ValSt PIPAd.MY10
EXHIBIT"A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel One described in the deed to Hazel A. Miller recorded May 12, 1988, in Book 14326 of
Official Records at page 708, records of said County, described as follows:
PARCEL 1786: (Drainage Easement)
Beginning at the southeast corner of said Miller parcel (14326 Q.R. 708); thence, from the Point
of Beginning, along the southerly line of said parcel, south 63044'20" west 7.600 meters; thence,
leaving said southerly line, north 29°49'28"west 3.200 meters; thence north 49000'46"west 10.600
meters; thence north 28043'19" west 36.016 meters to a point on the northerly boundary of said
Miller parcel (14326 O.R. 708); thence, along the exterior boundary of said Miller parcel, north
86032'47` east 8.000 meters and south 33°48'13" east 46.251 meters to the Point of Beginning.
Containing an area of 407.4 square meters of land, more or less.
PARCEL 1786T: (Temporary Construction Easement to Expire December 31, 1999, or at the end
of construction, whichever occurs first).
Beginning at the northwest corner of PARCEL 1786 described above; thence from the Point of
Beginning, along the westerly boundary of PARCEL 1786, south 28043'19" east 36.016 meters;
south 4900'46" east 10.600 meters; and south 29049'28" east 3.200 meters to a point on the
southerly line of said Miller parcel (14326 O.R. 708); thence, along said southerly line, south
63°44'20" west 3.000 meters; thence leaving said southerly line, north 28°09'11" west 7.000
meters; thence north 42002'46"west 11.838 meters; thence north 25923'38"west 31.208 meters
to a point on the northerly boundary of said Miller parcel (14326 O.R. 708), thence, along said
northerly boundary, north 86032'47" east 1.000 meter to the Point of Beginning.
Containing an area of 91.4 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U. S.
Survey foot. Areas shown are in square meters. Multiply areas shown by 10.76 to convert to
square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
W1D
Signature: �-= �_^ �,+ � N
Licensed Land Surveyor
Contra Costa County Public Works E"4 J31
Na s999
Date: Y t�-�}"�j � Of C %I
g:Neierieai`exhibds\Miller.src;081291961
C. '2'3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on April 22, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: None RESOLUTION NO. 97/151
SUBJECT: AUTHORIZE THE SUBMITTAL OF A REGIONAL APPLICATION ON
BEHALF OF SPECIFIED MUNICIPALITIES TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR A 1997/2000 USED
OIL RECYCLING BLOCK GRANT (FIFTH CYCLE).
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra
Costa County Flood Control and Water Conservation District RESOLVES THAT:
WHEREAS, the people of the State of California have enacted the California Oil Recycling
Enhancement Act that provides funds to cities and counties for establishing and
maintaining local used oil collection programs that encourage recycling or appropriate
disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the state, setting up necessary
procedures governing application by cities and counties under the program; and
WHEREAS, the applicant will enter into an agreement with the State of California for
implementation of a used oil collection program;
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Flood Control and
Water Conservation District, on behalf of the Contra Costa Clean Water Program,
authorizes the submittal of a regional application on behalf of Cities of Danville, Lafayette,
Moraga, Orinda, Walnut Creek and the County of Contra Costa to the California Integrated
Waste Management Board for a 1997/2000 Used Oil Recycling Block Grant. The Chief
Engineer of the Contra Costa County Flood Control and Water Conservation District, on
behalf of the Contra Costa Clean Water Program, or their designee, is hereby authorized
and empowered to execute in the name of the above named cities and county all
necessary applications, contracts, payment requests, agreements and amendments hereto
for the purposes of securing grant funds and to implement and carry out the purposes
specified in the grant application.
DPF:sI
g:\...\bo\usedoil.t3
1 h"W centf that this to a bm and correct copy Of
an action taken and entered an the rhinut" of the
Orig. Dept.: Public Works (NPDES) Bond of Superv: oro on Uc ea : ow .
Contact Person: Donald P. Freitas 313-2373 "''EBTE°
PHIL BA HELon. lark of the board
cc: County Administrator a Supervisors and Crty A"nleuetor
Auditor-Controller b
Accounting
RESOLUTION NO. 97/ 151
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: APRIL 1, 1997
SUBJECT: WEST ANTIOCH CREEK, DA55 - Project No.: 7579-6D8440 -ANTIOCH AREA
EAST ANTIOCH CREEK, DA56 - Project No.: 7566-6D8419 -ANTIOCH AREA
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the conveyance of various drainage facilities by quitclaim deed to the City of Antioch
and AUTHORIZE the Board Chair to sign said deed on behalf of the District.
II. Financial Impact:
Maintenance expenses for Drainage Area 55 and Drainage Area 56 were previously the
responsibility of Flood Control Zones 12 and 11. With the take-away of Special District
Augmentation Funds, the money for such maintenance is non-existent. The City of Antioch has
agreed to maintain the drainage facilities located within the areas being conveyed by utilizing
Storm Water Utility Revenues.
Continued on Attachment: X SIGNATURE: %/K�Lee YK4-cc
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON I 7 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
VUNANIMOUS(ASSENT -v
AYES: NOES:
ABSENT ABSTAIN: M'MAend C0W a
Y1 eodtx+ liken en0 entered on the minae 91 VW
no"a s uon on Me data mown.
RF:gpp a
PNU eA H W% CNrk of Me o0 Jj
g:lrealprop197-4160c1 B.wpd a eep«wae.nd coumy naano.aw
Odg. Div: Public Works(R/P) '
Contact: Roger Frost (313-2223) ill pepdy
cc: County Administrator
P.W.Accounting
Recorder(via R/P)
City of Antioch(via R/P)
EastWest Antioch Creek-Antioch Area
April 1, 1997
Page Two
III. Reasons for Recommendations and Background:
On February 11, 1997, by City Resolution No. 97/24, the City of Antioch agreed to accept the
maintenance responsibilities for certain channel and drainage basin areas along East and West
Antioch Creeks. The quitclaim deed transfers ownership of these areas to the City. The District
has no further need for ownership of these rights of way.
IV. Consequences of Negative Action:
The District will retain the liabilities of ownership for rights of way for which it has no further use
and no longer maintains.
Recorded at the request of:
City of Antioch
After recording return to:
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California,
Does hereby remise, release and forever quitclaim to the City of Antioch, the following
described real property in the City of Antioch, County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
CONTRA COSTA COUNTY
FLOOD CONTROL & WATER
CONSERVATION DISTRICT
Dated CZ ,z By C � i
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On Ctr t I S I ' before me,Phil Batchelor,
Clerk of�oard6fSupervisors and County Administrator,
Contra Costa County, personally appeared
&' Z`. �_ S : who is personally own to
me(or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she they
executed the same in his/herftheir authorized capacity(ies),
and that by his/herttheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
BY
q putt'Clerk
RF.gpp
g:Irealprojo tempIDE4City.t2
February 26, 1997
East Antioch Creek& West Antioch Creek
Right of Way Transfers
CCCFC & WCD to City of Antioch
EXHIBIT"A'
Real property in the City of Antioch, Contra Cosa County, California, described as follows:
PARCEL ONE: Fee Title (Portion APN 065-244-020)
Any and all interest in that parcel of land described in the Grant Deed from Robert D. Wilson and
Patricia F. Wilson to Contra Costa County Flood Control and Water Conservation District
(hereinafter referred to as District) recorded July 14, 1986 in Volume 12994 of Official Records at
page 226.
PARCEL TWO: Fee Title (Portion APN 065-244-020)
Any and all interest in that parcel of land described in the Grant Deed from Robert D. Wilson and
Patricia F. Wilson to said District recorded September 22, 1986 in Volume 13137 of Official Records
at page 198.
PARCEL THREE: Fee Title (APN 051-310-086)
All of that parcel of land described in the Quitclaim Deed from City of Antioch to said District
recorded May 10, 1988 in Volume 14320 of Official Records at page 620.
PARCEL FOUR: Fee Title (APN 074-040-044)
All of that parcel of land described in the Grant Deed from Fibreboard Products, Inc. to said District
recorded September 1, 1987 in Volume 13873 of Official Records at page 567.
PARCEL FIVE: Fee Title (Portion APN 074-130-065)
All of that parcel of land described in the Grant Deed from Golf and Games to said District recorded
April 24, 1992 in Volume 17441 of Official Records at page 390.
PARCEL SIX: Fee Title (APN 051-333-001)
All of Parcel A of Subdivision 6454 Almondridge Unit 11 filed June 24, 1986 in Book 304 of Maps
at page 1.
Also being that parcel of land described in the Quitclaim Deed from City of Antioch to said District
recorded April 14, 1988 in Volume 14271 of Official Records at page 678.
PARCEL SEVEN: Fee Title (Portion APN 056-011-017)
All of Parcel 1602-1 described in the Grant Deed from Lone Tree Investments, Inc. to said District
recorded December 9, 1993 in Volume 19249 of Official Records at page 597.
PARCEL EIGHT: Flowage Easement (Portion APNs 074-030-002 & 003)
All interest in the easement described in the Grant of Flowage Easement from Dow Chemical
Company to said District recorded December 31, 1992 in Volume 18170 of Official Records at page
90.
PARCEL NINE: Drainage Easement
Any and all interest in the drainage easement for flood control purposed for use by Contra Costa
County and said District over all of Parcel X670-2 reserved in the Grant Deed of Parcel X670-2 from
Contra Costa County to City of Antioch recorded November 1, 1995 as Recorders Series 95 190624.
PARCEL TEN: Access Easement
Any and all interest in the nonexclusive access easement for use by Contra Costa County and said
District over the most western 15.00 feet of Parcel X670D-1 reserved in the Grant Deed of Parcel
X670D-1 from Contra Costa County to City of Antioch recorded November 1, 1995 as Recorders
Series 95 190624.
PARCEL ELEVEN Access Easement
Any and all interest in the nonexclusive access easement for use by Contra Costa County and said
District over the most western 15.00 feet of Parcel X670D-2 reserved in the Grant Deed of Parcel
X670D-2 from Contra Costa County to City of Antioch recorded November 1, 1995 as Recorders
Series 95 190624.
PARCEL TWELVE: Drainage Easement (Portion APN 074-040-026)
All of Parcel 1668.2,described in the Grant of Easement from Contra Costa County Fire Protection
District recorded November 14, 1996 as Recorder Series 96 214411.
PARCEL THIRTEEN: Flood Control Easement (Portion APN 074-040-025)
All of Parcel 1669.1 described in Exhibit"A" in the Grant of Easements from Anchor Glass Container
Corporation recorded March 12, 1997 as Recorder Series 97 39338.
PARCEL FOURTEEN: Access Easement (Portion APN 074-040-025)
All of Parcel 1669A described in Exhibit`B" in the Grant of Easements from Anchor Glass Container
Corporation recorded March 12, 1997 as Recorders Series 97 39338.
PARCEL FIFTEEN: Floating Access Easement (Portion APN 074-040-025)
The nonexclusive, floating easement described in the Grant of Easements from Anchor Glass
Container Corporation recorded March 12, 1997 as Recorder Series 97 39338. Said easement being
in, over and across the paved driveways and private streets and drives located on Anchor Glass
Container Corporation property for use as ingress, egress, and access to above described PARCEL
THIRTEEN and PARCEL FOURTEEN.
&fldal:work:east.W PD
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 25, 1997
SUBJECT: Buchanan Field Airport's Annual Noise Summary Report
SPECIFIC REQUESTS)OR RECOMMENDATION(S) & BACKGROUND AND.JUSTIFICATION
I. Recommended Action:
ACCEPT the Annual Noise Summary Report from the Public Works Director for Buchanan Field
Airport.
II. Financial Impact:
None.
III, REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The purpose of this report is to provide a summary for the Board of Supervisors of noise complaints
related to operations at Buchanan Field Airport during calendar year 1996.
Buchanan Field Airport Noise Management System
Airport Noise Monitoring
Buchanan Field Airport utilizes a custom built TRACOR airport noise monitoring
system for recording and responding to noise complaints, for constructing a database of
noise events and complaints, and for determining the overall aircraft and community
noise levels around the Airport. There are eight (8) remote monitoring stations at key
locations surrounding the Airport that record sound levels 24 hours a day. Remote
monitoring station locations are as follows:
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON At 4 IT(`l9-1 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
N UNANIMOUS(ABSENT1e1' )
AYES: NOES:
ABSENT: ABSTAIN:
HEW:bh 1 hereby ardy t at Mie N a true and correct Copy of
an eceon tekon end entered on the minutes Tat,
c:bo25.t3 Board of Supervisors oMe deto drown,
ATTESTED
Orig Div: Airports (Contact - H. Wight 646-5722) PHIL BA OHELOFI,CI kattheboaM
M Supervieon and County Administrator
cc: County Administrator
Public Works Director By �d laAA)IAI ` a
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Public Works Accounting J
Auditor/Controller
Aviation Advisory Committee
Federal Aviation Administration
C, 25
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 2
• RMS #1-Buchanan Fields Golf Course on the Airport.
• RMS #2-Diablo Valley College approximately one mile south of the Airport.
• RMS #3-Stanwell Drive, one quarter mile east of Buchanan Field.
• RMS #4-off Solano Way one quarter mile north of the Airport.
• RMS #5-Rancho Diablo Mobile Home Park one-half mile west of the Airport.
• RMS #6-Center Avenue one mile to the southwest of Buchanan Field.
• RMS #7-2 miles to the west of Buchanan Field.
• RMS #8-approximately 2 miles to the southeast of Buchanan Field, in Pleasant Hill.
The following map displays the locations of the eight noise monitoring sites and
the 1996 noise complaints.
y
r
n
LEGEND
Complaint Pin Count
t 10 to 13 (2)
F + 4 to 5 (3)
♦ 2to3 (17)
x 0 1 to 1 (137)
rr
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' AC
PAC
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1, Y:
i
PLEASANT HILL -
UC444
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Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 3
Each night, noise data is downloaded, via telephone Iine, to the main computer
system at the Manager of Airports' Office. The main computer system can then provide
daily and hourly detailed noise level reports. The noise monitoring system also records
radio transmissions between the Federal Aviation Administration Control Tower and
aircraft. This is useful in tracking the specific aircraft responsible for a noise complaint.
The system can provide noise level data for individual noise events, in addition to hourly
and daily noise levels. The system can be used to provide factual and verifiable
information that allows for correlation of measured noise level violations with or without
associated complaints.
Buchanan Field also has a portable noise monitor at its disposal to respond to
requests by local residents to record noise levels at their home or in other locations. In
addition to providing the same information as the fixed noise monitors, this system can
display real-time noise data, through a link to a laptop computer, so that residents can
view noise events as they occur. Data from this monitor is then downloaded, via floppy
disk, to the main computer at Manager of Airports' Office, where reports can be printed
and analyzed.
In November of 1996,. Buchanan Field Airport received an updated version of the
noise monitoring computer system to increase the speed of operation, monitoring
efficiency, memory storage, and to provide more report generating options. When the
new system was installed, each remote monitoring station received preventative
maintenance, new backup battery packs, and a re-calibration of the microphones. System
reliability is expected to increase with this updated version.
The State of California Noise Standards has established the Community Noise
Exposure Level (CNEL) as the noise metric to be used by airport proprietors to measure
airport noise. The CNEL metric is a 24-hour average noise descriptor. Direct noise
measurements are reported between the hours of 7:00 am and 7:00 pm. To account for
the increased noise sensitivity of people during the evening and nighttime hours,
additional 5 dB (decibel) weighting is applied to the direct noise measurements between
the hours of 7:00 pm and 10:00 pm and an additional 5 dB between 10:00 pm and 7:00
am. A CNEL level of 65 dB is defined by the State of Califomia, as the maximum noise
level "acceptable to a reasonable person residing in the vicinity of an airport." Therefore,
the 65 dB CNEL noise contour defines the Airport's noise impact boundary. The
following report indicates that there are no residential areas within the 65 CNEL contour,
or noise impact boundary. It is important to remember that the CNEL is a 24-hour,
averaged figure and does not represent a single-event noise level. Single-event noise is
the type of noise to which most people are sensitive. However, based on a court case in
the early 1970's, the State of California cannot regulate single-event aircraft noise. The
airport ordinance does prohibit aircraft that exceed 78 dB, as recorded in Advisory
Circular 36-317 standard.
The following report details the monthly Community Noise Exposure Level that
could have been produced by Aircraft (CNELA) recorded at each of the eight noise
monitors. "Could have" is emphasized because the noise monitoring system is able to
identify the general noise characteristic of an aircraft, but cannot fully distinguish it from
other community noise such as passing cars or motorcycles. The noise level of a typical
aircraft rises and falls, with the peak noise halfway through the event. Passing cars,
motorcycles, or other noise sources can have the same characteristic if they also travel at
a steady pace towards a fixed point of reference (the microphone). The noise level then
peaks halfway through the event and then drops off as the noise source moves away from
the microphone. An aircraft passing overhead has the same type of characteristic as other
ground transportation sources. Correlation between the noise event and either visual
observation or recorded radio transmission is necessary to confirm that the event was
produced by an aircraft. The following raw data was not stripped of non-aviation
sources, and thus errs on the conservative side.
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 4
LONG TERM NOISE REPORT
(PERIOD SUMMARY)
report data selection criteria
report order: BY DATE OF NOISE
start date: 01/01/96
number of months: 12
parameter reported: CNELA
Date RMS1 RMS2 RM63 RMS4 RMS5 RMS6 RMS7 RMS6
MONTH 01196 59.0 55.8 0.0 60.6 0.0 56.4 57.7 60.9
#days 21 31 0 30 0 31 31 31
MONTH 02196 61.8 57.1 0.0 60.3 0.0 58.3 59.0 59.6
#days 28 29 0 29 0 29 29 28
MONTH 03/96 63.0 68.4 0.0 62.5 0.0 56.8 58.2 59.2
#days 30 31 0 18 0 31 29 31
QUARTER ENDING 03/96 61.8 64.3 0.0 61.0 0.0 572 58.3 60.0
#days 79 91 0 77 0 91 89 90
MONTH 04/96 64.4 69.0 0.0 64.2 0.0 56.9 61.4 60.0
#days 26 30 0 18 0 30 29 30
MONTH 05/96 64.2 64.4 0.0 62.8 0.0 56.7 63.3 60.7
#days 28 30 0 29 0 31 31 30
MONTH 06/96 67.5 68.8 0.0 60.4 0.0 57.3 67.7 59.1
#days 13 30 0 28 0 30 29 30
QUARTER ENDING 06/96 65.1 67.8 0.0 62.5 0.0 57.0 64.9 60.0
#days 67 90 0 75 0 91 89 90
MONTH 07/96 0.0 62.3 0.0 59.1 0.0 56.8 58.6 56.4
#days 0 29 0 29 0 28 27 28
MONTH 08/96 63.9 54.7 0.0 59.8 0.0 57.4 54.5 56.2
#days 4 30 0 27 0 31 27 28
MONTH 09/96 0.0 54.8 0.0 0.0 0.0 56.0 55.7 58.9
#days 0 30 0 0 0 30 30 30
QUARTER ENDING 09/96 63.9 58.8 0.0 59.5 0.0 56.8 56.6 57.4
#days 4 89 0 56 0 89 84 86
MONTH 10/96 61.6 57.9 0.0 59.1 0.0 55.9 62.7 58.1
#days 14 7 0 13 0 13 4 10
MONTH 11196 60.4 54.7 0.0 58.8 0.0 57.8 55.8 60.1
#days 26 17 0 25 0 22 16 24
MONTH 12/96 61.7 57.9 o.0 61.1 0.0 60.2 59.5 58.5
#days 29 30 0 31 0 31 31 31
QUARTER ENDING 12/96 61.2 57.1 0.0 60.0 0.0 58.9 59.1 59.1
#days 69 54 0 69 0 66 51 65
YEAR ENDING 12/96 63.0 64.4 0.0 61.0 0.0 57.4 61.2 59.3
#days 219 324 0 277 0 337 313 331
- created Monday,January 27, 1997 13:13:30 page 1 -
BUCHANAN FIELD AIRPORT
The first column of the report shows the month that data was collected, followed
by the date. The next column shows the average Community Noise Exposure Level for
Aircraft (CNELA). Directly below the CNELA reading is the number of days of the
month that noise was recorded. There are variations in the number of recording days due
to reasons including temporary power outages, telephone tine failures, Or other
malfunctions which place stations out of service.
6 . Z6
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 5
At the end of every three months, there is a quarterly CNELA, displayed with the
number of days that sound was recorded by each monitor. At the end of the report, the
year ending CNELA is shown. Remote monitoring sites (RMS) #3 and #5 were out of
service during this reporting period. RMS #3 has not had a phone line connection since
the tenant that provided phone service to the station vacated. The Rancho Diablo Mobile
Home Park, where RMS #5 is located, requested that we disconnect the phone line so that
they could use the telephone line for a fax machine. RMS #3 and RMS #5 are expected
to be back in service by the end of March.
Noise Complaint Process
Noise complaints are received at the Manager of Airports' Office, recorded by
Airport staff, and then are entered into the noise complaint database. This database can
be accessed to obtain information such as number of calls received from a certain
individual, the exact location of a complaint, the number of complaints received during a
certain time frame, the nature of the complaint, and the number of complaints a certain
flight operation produced. This system allows Airport staff to successfully identify most
aircraft that trigger specific noise complaints. The Federal Aviation Administration
aircraft registration database is built into the noise management system, allowing Airport
staff to identify the registered owner of an aircraft responsible for a noise complaint.
Positively identified pilots are notified of the complaint and are offered noise
management information. The Manager of Airports' Office had an updated set of 2,500
noise management brochures printed in September 1996. The brochures were distributed
to pilots, flying schools, flying clubs, and other potential airport users in late 1996 in an
effort to continually educate pilots about Buchanan Field Airport's noise management
program. The brochures are available at all Airport businesses that engage in flying
activities, along with wall displays of recommended noise management procedures, New
based pilots are given a welcome packet containing noise management information. The
monthly pilot newsletter produced by the Airport regularly provides information to
increase the awareness of our users as to the noise sensitivity of our airport neighbors.
Informational signs are located at the end of each runway, detailing runway specific noise
management procedures. This ensures that every pilot is aware of these procedures
before departing Buchanan Field Airport. Informational signs are also posted at the
airport entrances asking pilots to follow noise management procedures.
The Airport has developed and made available for the public a brochure entitled
"How Noise Complaints are Handled." This overview is one of the Airport's Question &
Answer series of pamphlets designed to inform the public about Buchanan Field Airport.
Operations Summary
Total operations at Buchanan Field for 1996 were 225,805, a slight increase of
2.51% over 1995. The annual operations Each time an aircraft either lands or departs, it
is counted as one operation. A `touch and go' counts as two operations because the
aircraft lands once and departs once. Touch and go operations take place when pilots are
practicing takeoffs and landings remaining in the traffic pattern. It should be noted that
despite a slight increase of 2.51% in operations at Buchanan Field Airport in 1996, there
has been a decrease in the number of complaints compared to 1995. This is attributed to
pilot cooperation, assistance from the Air Traffic Control Tower, and the Airport's
aggressive noise management program.
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 6
According to a report published by the Office of Aviation Policy and Plans for
fiscal year 1994, Buchanan Field Airport ranks 59th busiest out of the 403 tower
controlled airports in the United States(there are over 17,000 total airports in the U.S.).
Buchanan Field is also ranked the 10th busiest airport in California by the same report.
Attracted by the Airport's location and the services available to pilots, tenants, and users,
there are currently over 600 based aircraft and some 40 businesses that make Buchanan
Field their home.
Operations by Month
25,000 ---
20.000
15,000 ---------
--- - 01995
10,000 - ■1996
5,000
0
T
LL 2 Q 2 -'f N O O N
Q N Z 0
Noise Complaint Summary 1996
During calendar year 1996, a total of 218 complaints were filed by 163 different
callers. This compares to 1995 when 297 noise complaints were filed. in addition, a
single caller made 492 calls in 1995. This caller, because of his high number of
complaints, is recorded separately. This complainant made no calls in 1996 until
December, when he filed twelve (12). The highest year ever for noise complaints was
1993 when 1,229 complaints were filed. During the months of January and February
1996, the Manager of Airports' Office received eleven (11) complaints each. This can be
attributed to the fact that January and February are the months when there is fog and
storms pass through the area resulting in fewer aircraft operations. Thirty (30) complaints
were filed during the month of March. Several of the complaints were related to the
Presidential visit for Net Day 1996 in the Concord area. The military helicopters that
transported the President and his entourage were larger and noisier than the civilian
helicopters that normally operate out of Buchanan Field. The month of April accounted
for twenty-one (21) complaints. Warmer weather and clearer skies meant that more
aircraft were flying and more people were outside.
During the month of May, thirty (30) complaints were filed, many of them
attributable to a fly-in by a B-24 Liberator and B-17 Flying Fortress and a formation
flyover by F-16 fighter jets to commemorate Memorial Day. The highest number of
complaints in a single month were filed in June, with a total of thirty-five (35). The
Father's Day Airshow and a separate Navion aircraft group fly-in were contributing
factors to the higher number of complaints. The month of July had the fewest noise
complaints of any month in 1996, with only ten (10). August doubled the previous
months complaints with twenty (20). The mid-evening arrival of a corporate jet and its
subsequent departure the next morning were responsible for five of the twenty
complaints. The jet, however, was operating legally.
e.25
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 7
An aircraft taking aerial photographs and touch and go operations pushed the
September complaints to nineteen (19). Of October's fifteen (15) complaints, six dealt
with helicopters in the traffic pattern. In November, there was a slight drop in noise
complaints, from the previous month, to fourteen (14). However, a new resident to the
mobile home park west of Buchanan Field filed three complaints regarding helicopter
operations. As the weather turned unfavorable during December, the complaints dropped
to twelve (12). Also in December, several of our past complainants started to call again.
We think this was triggered by several Letters to the Editor published in the Contra Costa
Times.
Complaints by Month
50
45
40
35
30
25
-:
■1996
20
;µy:
15
10 M txn
5
r
0
T
LL 2 Q `C ' 1 J N O O N
Q Cr) Z O
Location of Noise Complaints
Of the 218 noise complaints filed in 1996, the town of Pacheco and the city of
Concord each accounted for twenty-five (25%), respectively. Complainants in Pacheco
usually called in regarding the helicopter operations from Buchanan Field. Concord
callers were usually concerned with "touch and go" operations. Neighbors in Pleasant
Hill followed with twenty-four (24%) percent of the noise complaints. Pleasant Hill
complainants are usually bothered by jet traffic because flight patterns by departing jets
occasionally take them over Pleasant Hill. The bulk of the jet complaints continue to be
from one resident in Pleasant Hill who is unhappy with any type of jet traffic. Callers
from Martinez and Walnut Creek were responsible for eleven (11%) and five (5%)
percent of the total, respectively. Like Concord callers, the majority of the Martinez
complainants were concerned with "touch and go" operations to the north. Areas in the
"Other" category included Danville, Clyde, Brentwood, Bay Point, and Antioch. The
complaints from outlying communities are typically from operations of aircraft not
necessarily associated with Buchanan Field Airport, or are from aircraft passing through
the area that may or may not be in direct communication with our Air Traffic Control
Tower.
Location of Noise Complaints
Other
Byron 9%
Walnut Creek 1% Concord
5% 25°/
Martinez
1% .
i
Pleasant Hill
Pacheco 24%
25%
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 8
Complaints by Aircraft Type
1996 saw a decrease in helicopter complaints, compared to 1995. Helicopter
operations accounted for the most noise complaints filed with seventy-two (72), a
considerable drop from 1995 when 114 noise complaints came in regarding helicopters.
The frequent caller previously mentioned filed 492 complaints in 1995 regarding
helicopters. Propeller driven aircraft followed with seventy (70) noise complaints. A
total of forty (40) complaints came in regarding jet traffic, while twenty-nine (29)
complaints were filed related to all types of aircraft. Seven (7) callers did not state the
type of aircraft that they were complaining about. According to our database, the
majority of the helicopter complaints carne from the mobile home park just west of
Buchanan Field Airport.
The bulk of the helicopters from Buchanan Field Airport originate from one of the
leading helicopter flight schools in the nation. These helicopters fly in a traffic pattern
that is approximately 600 feet above ground level to separate them from the fixed wing
aircraft traffic pattern which is 1,000 feet above ground level. This occasionally puts the
helicopters near the mobile home park. Other helicopter operators include CALSTAR, an
air ambulance helicopter. CALSTAR's primary goall is to fly the most expeditious route
and may sometimes not be able to follow noise management procedures.
Occasionally, jets carrying emergency medical organs or persons in dire need of
medical attention, designated `Lifeguard' flights, fly in to Buchanan Field. These jets are
occasionally the older models of aircraft that would normally be prohibited at Buchanan
Field Airport because of their noise signature. As corporations utilizing these jets
modernize their fleets, related complaints should diminish.
Many of the propeller complaints are triggered by aircraft performing "touch and
go" operations. Buchanan Field is a popular and attractive airport because of its four
runways, instrument approaches, fair weather, and because it lacks the high level of
airline and aircraft congestion encountered at other Bay Area airports. Military and Coast
Guard aircraft are occasionally seen in the traffic pattern at Buchanan Field. Buchanan
Field is fortunate to have a 335 room Sheraton Hotel located on the airport. The hotel is
an attraction to pilots for lunch or for weekend excursions. Pilots can access the hotel, or
its restaurant, without the need for other means of transportation. Despite the fact that the
Sheraton Hotel is located adjacent to the air operations area, to date there have been no
noise complaints filed by guests or employees of the hotel due to aircraft operations.
Complaint by Aircraft Type
as
70 t,
60
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50 '
40
30 '
20
50 "
0
Jet Propeller Helicopter All Types Unknown
Annual Noise Summary Report for Buchanan Field Airport
March 25, 1997
Page 9
1997 Goals and Objectives
During 1997, the Manager of Airports' staff will aggressively strive to reduce
noise complaints by taking at least the following actions:
• Increase the use of the portable noise monitor
• Activate RMS #3 and RMS #5
• Generate a wider variety of noise reports
• Focus upon measured noise levels
• Distribute more noise management information to both pilots and airport neighbors.
Our success will be determined by continued review of these goals and objectives
during the calendar year and reevaluating them in the 1997 year end annual report.
IV. CONSEQUENCES OF NEGATIVE ACTION:
None
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 1, 1997
SUBJECT: ANNUAL REPORT FROM CONTRA COSTA AVIATION ADVISORY COMMITTEE
SPECIFIC REQUEST(S)OR RECOMhIENDATiON(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ACCEPT the attached Contra Costa Aviation Advisory Committee's (AAC) 1996 Annual Report.
IL Financial Impact:
None.
III. Reasons for Recommendations and Background:
In accordance with the AAC Bylaws, the AAC is required to provide the Contra Costa Board of
Supervisors with an annual report. This complies with that requirement.
IV. Consequences of Negative Action:
None.
Continued on Attaehment:i SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON C"it-C`1 I3977 APPROVED AS RECOMMENDED V OTHER
VOTE OF SUPERVISORS ,1
UNANIMOUS(ABSENT .`• ,Y )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig Div: Airports(Contact-H. Wight 646-5722) n BA NELOR,Gie k of the boe d
cc County Administrator at Bupa mmand CAunty Adminbtratw
Public Works Director dy
Public Works Accounting
Auditor/Controller
Aviation Advisory Committee
Federal Aviation Administration
February 16,1997
To: Mark De Saulnier, Chairman of the Contra Costa Board of Supervisors
From: Virginia Schaefer, Chairman of the Contra Costa Aviation Advisory
Committee
Subject: Annual Report from Aviation Advisory Committee
The prime focuses of the AAC for 1996 were community compatibility, the 50th
anniversary of the airport, and continuous monitoring of the role that Contra
Costa County airports play locally and nationally.
In the area of community compatibility both safety and noise are addressed.
Every meeting has a section devoted to safety and to a noise report. The
committee carefully read and listen to reports on usage and noise complaints.
During the past year noise complaints are significantly down compared to
recent years. At each meeting we discuss the current trends and question any
events that may have triggered a spike in the complaint records. Airport staff is
thorough and prompt in dealing with the public. Their attentiveness, together
with exercising the processes that have been worked out over the years, keeps
noise issues from being widespread and major ones. The committee believes
that ongoing alertness and continuous refinement of processes are responsible
for the low count of noise complaints over the last year.
Two important events last year were the Father's Day Air Fare and the SOth
Anniversary Dinner. 1996 marked SO years of county ownership and operation
of Buchanan Field and this event was celebrated with these two successful
occasions. A great deal of time and effort on the part of airport staff and citizens
made the events memorable. Two members of the AAC, Gerry Greth and Ron
Sorenson, contributed vastly to the two main events which necessitated many
planning sessions. Others on the committee were also supportive in various
ways. Both the Airport Day in June, and the Anniversary Dinner in August
provided positive publicity for Buchanan Field, showcasing the airport and
honoring the people who had contributed in the past to its development.
Byron Airport, our new east county field, also received attention last year. Now
that it is functioning well, attention is being given to bringing more facilities on
line and to sustaining good relations with the Byron community. The AAC
continues to meet twice a year, May and December, at Byron for our regular
meetings. This keeps us in closer touch with the users and interested people of
the community. In September the airport manager and the AAC chairman, plus
the airport intern attended the Discovery Bay MAC meeting with a presentation
and question period about Byron Airport. In November the same group went to
the Byron MAC. Both visits were effective in continuing a good relationship with
those communities. Our outreach policy is effective in keeping those
communities apprised of aviation matters. We continue to keep contact so they
don't feel out of touch out in the east county. In addition, the chair attends the
Byron User Group meetings, now held quarterly instead of monthly since things
are going quite smoothly.
In October the chair, and other members, attended the Airport Disaster Drill.
This drill, conducted every three years, was successful in its execution. Also the
coordination with other emergency services was notable in that it provided an
opportunity for all the involved agencies to meet and work together.
The AAC has been very fortunate in having staff who are able to keep us well
informed on nationwide concerns such as federal funding for airports. This last
year has been filled with off and on again taxes which affect funding for both
county airports, the Airport Improvement Program (AIP). Our manager's
activity and close contacts with national organizations has enabled the
committee to closely follow situations and be ready to contact legislators when
necessary. Again this year, the committee was able to take a proactive stance on
these issues.
The Santa Claus Jump for the Contra Costa Food Bank was very successful this
year. The weather cooperated and Santa was able to jump at both airports to
the delight of many children and their parents. This event is an example of the
positive public relations that both Buchanan and Byron Airports create.
The AAC devoted a portion of the November meeting to working with a
facilitator to review, re-define and set goals for the committee. With changes in
membership on the AAC, and with changes in the composition of the Board of
Supervisors, it was a good time to take a look at ourselves and our role as an
advisory committee. This part of the meeting was facilitated by Bob Stitt, and
the members felt it was a useful and timely exercise enabling us to better serve
the Board.
The AAC remains committed to being available to the Board of Supervisors to
inform and advise them on matters concerning aviation in Contra Costa County.
C 7,0
Aviation Advisory Committee
The members of the Aviation Advisory Committee (AAC) devoted a portion of their regular
monthly meeting on Tuesday, November 19, 1996, to work with a County facilitator, Bob
Stitt, regarding the committee's goals, roles, interests, and future plans.
The members of the AAC added the following comments:
GOALS
The safety of the community and of the Airports was regarded as the number one goal of the
committee. The members admitted that they are biased in favor of the Airports, but their goal
is to also work to protect the neighbors and community surrounding the Airports. It was
stated that the AAC is continuously maintaining a balance between the needs of the public
and the needs of the Airport.
ROLES
The AAC is key in keeping the Board of Supervisors informed on events concerning the
Airports. The committee came to the conclusion that the AAC's role is mainly viewed as a
buffer and advisor to the Board of Supervisors. The AAC decides when to present the Board
with issues and to advise them on recommended actions.
The committee also acts as a pressure relief valve for the public. AAC meetings provide a
forum for members of the public to voice their concerns and opinions with regard to airport
matters. As the name of the committee implies, the AAC advises airport management, the
Board of Supervisors, and sometimes the public on aviation issues. They also play the role of
mediator between the public and the Airports. The committee may be selective in the issues
that it considers.
AUTHORITY
In the matter of authority, it was decided by the members that the AAC does not have any
actual authority. They may only advise or attempt to convince the Board of Supervisors on
actions to take.
SPECIFIC INTERESTS
The main interest for the AAC is to keep communications open between the public, the
Airports, and the Board of Supervisors. The committee also has an interest in ensuring the
safety of the community. Noise issues and community relations are other interests that were
mentioned. The AAC also sees itself as a problem solver.
PURPOSE
The purpose of the AAC relates to the items mentioned in goals, primarily to support the
community and the Airports. The committee will act as a buffer/filter between the Airports
and the community. The purpose of the AAC is to advise the Board of Supervisors on the
issues affecting the Airports or other aviation issues.
The committee members have developed the following goals:
GOALS FOR THE FUTURE
-Provide outreach to the community.
-Become more proactive than reactive.
-Keep communications open between the public, the Board, and the Airports.
-Be better prepared for problems that may arise.
-Improvement of both Airports in the areas of operations, safety, economics, and usage. This
does not necessarily mean expansion.
-Advertise advantages and benefits of the Airports.
-Find additional ways to keep the Board of Supervisors and the public better informed on
issues affecting the Airports.
-Promote the AAC.
-Clarify the role of the AAC.
The discussion then turned to the ways that the AAC and the Airports communicate and
provide outreach to the community. Special events such as the Father's Day Open House,
Aviation Career Day, Santa Claus Skydive, educational forums, and emergency planning.
Current methods that the Airports use to reach the public are through newsletters, Airport
tours, monthly and yearly reports to the Board of Supervisors, notifications in the local media,
and memberships on other committees, such as the City of Concord Chamber of Commerce.
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 25, 1997
SUBJECT: Approve Agreement for Consulting Engineering Services with Shutt Moen Associates in the
amount of$76,500.00 for Electrical Services at Buchanan Field Airport
Project AIP #3-06-0050-10
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE Consulting Services Agreement between Contra Costa County and Shutt Moen &
Associates for AIP #3-06-0050-10; and
AUTHORIZE the Public Works Director, or his designee, to sign said Agreement.
It. Financial Impact:
This project is primarily funded through the Federal Aviation Administration's (FAA) Airport
Improvement Program (AIP). The FAA will pay ninety percent(90%). The Airport Enterprise Fund will
pay ten percent (10%) of the project cost. The cost of the preliminary engineering for this project is
estimated to be $76,500.00, local share to be $7,650.
III. REASONS FOR RECOMMENDATIONS AND BACKGROUND:
This Agreement will provide funding for electrical engineering services for Runway and Taxiway
lighting, guide signs, and power service modifications at Contra Costa County - Buchanan Field
Airport. Shutt Moen Associates were selected through a competitive selection process in 1994 for this
project. Shutt Moen &Associates' DBE participation will be 36%. This project was held over until this
time because of technical issues with the Federal Aviation Administration.
Construction engineering costs will be established once construction bids have been received and this
agreement will be amended accordingly.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRA _RECOMMENDATION OF BOARD OMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/UNANIMOUS(ABSENTI;drici V )
AYES: NOES:
ABSENT: ABSTAIN:
HEW:kd
cAB025.0 I imeb/om*Md Oft M s Imo and cmnolcopy of
an edion token and "Md on the Minutoe W Me
Boom of s pommos OR tl1e dateoho
�
Orig Div: Airports(Contact-H. Wight 646-5722) M ( 1 1 e e1 1 9 7I.
o�
cc: County Administrator g8upwvYae end�ounbA"noorawr
Public Works Director M )
Public Works Accounting
Auditor/Controller J
Aviation Advisory Committee
Federal Aviation Administration
Shutt Moen&Associates(via PW)
Approve Agreement for Consulting Engineering Services
with Shutt Moen Associates $76,500.00 for
Electrical Services at Buchanan Field Airport
March 25, 1997
Page Two
IV. CONSEQUENCES OF NEGATIVE ACTION:
Engineering for this project will not proceed.
TO: BOARD OF SUPERVISORS
FP4)M: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: APRIL 1, 1997
SUBJECT: ACCEPT FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR $1,282,500 (AIP
PROJECT NO. 3-06-0050-11) FOR CONTRA COSTA COUNTY - BUCHANAN FIELD
AIRPORT
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chairman of the Board Of Supervisors to sign a Statement of
Acceptance of said Grant Offer (entitled Part 1 - Offer) on behalf of Contra Costa County; and
AUTHORIZE and DIRECT the Clerk of the Board to attest the signature of the chairman and to impress
the official seal of Contra Costa County on the aforesaid Statement of Acceptance; and
AUTHORIZE and DIRECT County Counsel to sign a certificate of Sponsors Attorney (entitled
CERTIFICATE OF SPONSORS ATTORNEY) which certifies that the acceptance complies with all
applicable laws and constitutes a legal and binding obligation.
AUTHORIZE the Public Works Director to apply for a Grant of 41h% of the total project cost ($64,125)
from the State of California, Department of Transportation (CALTRANS).
H. Financial Impact:
The total cost of the project is $1,425,000. Ninety percent of this cost fill be funded by the FAA, Four and
one-half percent from a Caltrans Grant and Five and one-half percent of the project is the responsibility of
Contra Costa County and will be paid out of the Airport Enterprise Fund utilizing enterprise funds.
HI. Reasons for Recommendations and Background:
On November 19, 1996, the Board of Supervisors authorized a Preapplication in the amount of$1,425,000,
for construction projects at Buchanan Field Airport, which includes resurfacing and lightin Taxiway E and
resurfacing the Fixed Based Operators' Apron and construct a Fixed Based 0tabor sway
Continued on Attachment: x SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
✓UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
thereby�eNty Mat dlle Is a true and owed ODpy of
en ecaon taken end entered on the minutW W Ma
HEW:kd Board of SuPervlsom on the date shown.
d:97a/Bo1.wpd ATrESTED:�aq ,\ k 1 , 19 9
PHIL BA CHELOH,C M the board
Orig Div:Airports-Contact-H.Wight(510)646-5722 di Supervism and county Adminlatratar
cc: County Administrator [I
Public Works Director BY�+ ( ) D"
Public Works Accounting
Auditor/Controller
Aviation Advisory Committee
Federal Aviation Administration
Federal Aviation Administration (FAA) Grant for C.2�
$1,282,500 for Buchanan Field Airport
:April 1,, 1997
Page Two
IV. Consequences of Negative Action:
The Airport paving will continue to deteriorate and the County will not receive grants in the amount of
$1,346,625.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer March 10, 1997
Buchanan Field Airport/Planning Area
Project No. 3-06-0050-11
Contract No. DTFA08-97-C-30810
TO: Contra Costa County
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated January 3,
1997, for a grant of Federal funds for a project at or associated with the Buchanan
Field Airport/Planning Area which Project Application, as approved by the FAA, is
hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called
the "Project") consisting of the following:
Rehabilitate Taxiway E including lighting (approx. 3, 000' x 50' ) ; rehabilitate FBO
apron (approx. 450, 000SF) ; construct FBO taxiway (approx. 500' x 351 )
all as more particularly described in the Project Application.
Page 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title
49, United States Code, as amended, and in consideration of (a) the Sponsor's adoption
and ratification of the representations and assurances contained in said Project
Application and its acceptance of this Offer as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the
Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, 90 percent of the allowable project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be
$1,282, 500. 00. For the purposes of any future grant amendments which may
increase the foregoing maximum obligation of the United States under the
provisions of Section 512 (b) of the Act, the following amounts are being
specified for this purpose:
$-0- for planning
$1, 282, 500.00 for airport development or noise program
implementation.
2. The allowable costs of the project shall not include any costs determined by the
FAA to be ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made
pursuant to and in accordance with the provisions of such regulations and
procedures as the Secretary shall prescribe. Final determination of the United
States share will be based upon the final audit of the total amount of allowable
project costs and settlement will be made for any upward or downward adjustments
to the Federal share of costs.
4 . The sponsor shall carry out and complete the Project without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the
Secretary shall prescribe, and agrees to comply with the assurances which were
made part of the project application.
S. The FAA reserves the right to amend or withdraw this offer at any time prior to
its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any
part of the costs of the project unless this offer has been accepted by the
sponsor on or before September 30, 1997 or such subsequent date as may be
prescribed in writing by the FAA.
Page 2
7. The sponsor shall take all steps, including litigation if necessary, to recover
Federal funds spent fraudulently, wastefully, or in violation of Federal
antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the
term "Federal funds" means funds however used or disbursed by the sponsor that
were originally paid pursuant to this or any other Federal grant agreement. It
shall obtain the approval of the Secretary as to any determination of the amount
of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It
shall furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to recover such
funds. All settlements or other final positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in
advance by the Secretary.
8 . The United States shall not be responsible or liable for damage to property or
injury to persons which may arise from, or be incident to, compliance with this
grant agreement.
9. The attached new Part V Assurances dated 1-95, are hereby attached and are made a
part hereof.
10. Assurance 34 of the Part V Assurances dated 1-95, is hereby revised to reference
the Current Advisory Circulars for AIP Projects dated 5/1/95, which is attached
hereto and made a part hereof.
11. Except for instrument landing systems acquired with AIP funds and later donated
to and accepted by the FAA, the Sponsor must provide for the continuous operation
and maintenance of any navigational aid funded under the AIP during the useful
life of the equipment. The Sponsor must check the facility, including instrument
landing systems, prior to commissioning to ensure it meets operational standards.
The Sponsor must also remove, relocate, or lower each obstruction on the approach
or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR part 77 determines that to be acceptable;
and mark and light the runway, as appropriate. The Federal Aviation
Administration will not take over the ownership, operation, or maintenance of any
Sponsor-acquired equipment, except for instrument landing systems.
12. Buy American Requirement. Unless otherwise approved by the FAA, it will not
acquire or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used for any
project for airport development or noise compatibility for which funds are
provided under this grant.
13 . The sponsor agrees to perform the following:
1. Furnish a construction management program to FAA prior to the start of
construction which shall detail the measures and procedures to be used to comply
with the quality control provisions of the construction contract, including, but
not limited to, all quality control provisions and tests required by the Federal
specifications. The program shall include as a minimum:
Page 3
a. The name of the person representing the sponsor who has overall responsibility
for contract administration for the project and the authority to take
necessary actions to comply with the contract.
b. Names of testing laboratories and consulting engineer firms with quality
control responsibilities on the project, together with a description of
services to be provided.
c. Procedures for determining that testing laboratories meet the requirements of
the American Society of Testing and Materials standards on laboratory
evaluation, referenced in the contract specifications (D 3666, C 1077) .
d. Qualifications of engineering supervision and construction inspection
personnel.
e. A listing of all tests required by the contract specifications, including the
type and frequency of tests to be taken, the method of sampling, the
applicable test standard, and the acceptance criteria or tolerances permitted
for each type of test.
f. Procedures for ensuring that the tests are taken in accordance with the
program, that they are documented daily, and that the proper corrective
actions, where necessary, are undertaken.
2 . Submit at completion of the project, a final test and quality control report
documenting the results of all tests performed, highlighting those tests that
failed or did not meet the applicable test standard. The report shall include
the pay reductions applied and reasons for accepting any out-of-tolerance
material. An interim test and quality control report shall be submitted, if
requested by the FAA.
3 . Failure to provide a complete report as described in paragraph 2, or failure to
perform such tests, shall, absent any compelling justification, result in a
reduction in Federal participation for costs incurred in connection with
construction of the applicable pavement. Such reduction shall be at the
discretion of the FAA and will be based on the type of types of required tests
not performed or not documented and will be commensurate with the proportion of
applicable pavement with respect to the total pavement constructed under the
grant agreement.
4. The FAA, at its discretion, reserves the right to conduct independent tests and
to reduce grant payments accordingly if such independent tests determine that
sponsor test results are inaccurate.
14. It is understood and agreed by and between the parties hereto that this Grant
offer is made and accepted upon the basis of preliminary plans and
specifications; and the parties agree that within 160 days from the date of
acceptance of this Grant Offer, the Sponsor shall furnish final plans and
specifications to the FAA, that no construction work will be commenced hereunder,
and that no contract will be awarded for the accomplishment of such work until
the said final plans and specifications have been approved by the FAA; and the
parties do further agree that any reference made in this Grant Offer or in the
aforesaid Application to plans and specifications shall be considered as having
reference to said final plans and specifications as approved.
Page 4
The Sponsor's acceptance of this Offer and ratification and adoption of the Project
Application incorporated herein shall be evidenced by execution of this instrument by
the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a
Grant Agreement, as provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided herein. Such
Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
WESTERN-PACIFIC
FI/UC�nREGION,
D�l
J L. Pfeife
Manager, Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept this
Offer and by such acceptance agrees to comply with all of the terms and conditions in
this Offer and in the Project Application.
Executed this day of 19
Contra Costa County
(NAME OF SPONSOR)
(SEAL) V1kW
B}' k
(SPONSOR'S DESIGNATED OFFICIAL REPRESENTATIVE)
C� Title C41GVC �)�carc f uoeTi f_,ov,(�
Attest:
(� T
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, j\lnrot, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement
under the laws of the State of Cj .,.,j iT 111Q, Further, I have examined the
foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act.
In addition, for grants involving projects to be carried out on property not owned by
the Sponsor, there are no legal impediments that will prevent full performance by the
Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal
and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at 17�xfi�iv,ez �� this day of 19
\939HRY E PONSOR'S ATTORNEY
Page 5
ASSURANCES
Airport Sponsors
A. General,
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in
full force and effect throughout the useful life of the facilities developed or equipment acquired
for an airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal
funds for the project. However, there shall be no limit on the duration of the assurance against
exclusive rights or the terms, conditions and assurances with respect to real property acquired
with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in
the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph t also applies to a private sponsor except that the useful life of project
items installed within a facility or the useful life of the facilities developed or equipment acquired
under an airport development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning
projects- The terms, conditions, and assurances of the grant agreement shall remain in full force
and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that
Airport Assurances (1-95) Page 1 of 16
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), e"se
I
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act - 5 U.S.C. 1501, et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- 42 U.S.C. 4601, et sea 1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).I
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.I
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.I
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
I. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.I
in. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.I
0. Copeland Antikickback Act - 18 U.S.C. 874.1
p. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.I
q. Endangered Species Act - 16 U.S.C. 668(a), et seg.l
F. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
S. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 11246 - Equal Employment Opportunity I
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction 1
Federal Regulations
a. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments)
b. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
Airport Assurances (1-95) Page 2 of 16
c- 49 CFR Part 23 - Participation by minority business enterprise in Department of
Transportation programs.
d. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs.1 2
e. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and
activities receiving or benefitting from Federal financial assistance.I
f. 49 CFR Part 29 - Governmentwide debarment and suspension (non-procurement)
and governmentwide requirements for drug-free workplace(grants).
g. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors.
h. 29 CFR Part I - Procedures for predetermination of wage rates.i
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.i
J. 29 CFR Part 5 -Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to nonconstruction contracts subject to the Contract Work Hours and
Safety Standards Act).I
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).I
1 14 CFR Part 150 - Airport noise compatibility planning.
M. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new
building construction.I
D. 49 CFR Part 20 - New restrictions on lobbying.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
b A-128 - Audits of State and Local Governments.
I These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors-
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and
Local Governments receiving Federal assistance. Any requirement levied upon
State and Local Governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under the Airport and
Airway Imprctvement Act of 1982, as amended.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
Airport Assurances (1-95) Page 3 of 16
' 2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to
finance and carry out the proposed project; that a resolution, motion or similar
action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the
person identified as the official representative of the applicant to act in connection
with the application and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative and
shall in writing direct and authorize that person to file this application, including all
understandings and assurances contained therein; to act in connection with this
application, and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation
and maintenance of items funded under the grant agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport
or site thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
b. For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions, and
assurances in the grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Airport Assurances (1-95) Page 4 of 16
XO It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or, for
a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under the Airport and Airway
Improvement Act of 1982 to assume the obligations of the grant agreement and to
have the power, authority, and financial resources to carry out all such obligations,
the sponsor shall insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by another
unit of local government or are on property owned by a unit of local government
other than the sponsor, it will enter into an agreement with that goverment-
Except as otherwise specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that would be applicable
to it if it applied directly to the FAA for a grant to undertake the noise
compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will be
operated and maintained in accordance with the Airport and Airway Improvement
Act of 1982, the regulations and the terms, conditions and assurances in the grant
agreement and shall insure that such arrangement also requires compliance
therewith.
Airport Assurances (1-95) Page 5 of 16
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the
time of submission of this application) of public agencies that are authorized by the State in which
the project is located to plan for the development of the area surrounding the airport. For noise
compatibility program projects, other than land acquisition, to be carried out on property not
owned by the airport and over which property another agency has land use control or authority,
the sponsor shall obtain from each such agency a written declaration that such agency supports
that project and the project is reasonably consistent with the agency's plans regarding the
property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in
or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project
under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable
consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway location and
its consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of such
hearings to the Secretary. Further, for such projects, it has on its management board either voting
representation from the communities where the project is located or has advised the communities
that they have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project is
located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards. In any
case where such standards have not been approved and where applicable air and water quality
standards have been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or refusal to certify
shall be provided within sixty days after the project application has been received by the
Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,
for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance-management program and it assures that
it will use such program for the useful life of any pavement constructed, reconstructed or repaired
with Federal financial assistance at the airport. It will provide such reports on pavement condition
and pavement management programs as the Secretary determines may be useful.
Airport Assurances (1-95) Page 6 of 16
12. Terminal Development Prerequisites. For projects which include terminal development at a
public airport, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 612 of the Federal Aviation Act
of 1958 and all the security equipment required by rule or regulation, and has provided for access
to the passenger enplaning and deplaning area of such airport to passengers enplaning and
deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of the grant, the total cost of the
project in connection with which the grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which the grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-
Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the
grant agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and supervisory positions), preference
shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section
515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference
shall apply only where the individuals are available and qualified to perform the work to which the
employment relates.
Airport Assurances (1-95) Page 7 of 16
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules
shall be submitted to the Secretary prior to commencement of site preparation, construction, or
other performance under this grant agreement, and, upon approval of the Secretary, shall be
incorporated into this grant agreement. Any modification to the approved plans, specifications,
and schedules shall also be subject to approval of the Secretary, and incorporated into the grant
agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms to the
plans, specifications, and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to inspection and
approval by the Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f It will grant the Secretary the fight to disapprove the sponsors employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the fight to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
Airport Assurances (1-95) Page 8 of 16
h. it understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or
connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for nonaeronautical purposes must first
be approved by the Secretary. The airport and all facilities which are necessary to
serve the aeronautical users of the airport, other than facilities owned or controlled
by the United States, shall be operated at all times in a safe and serviceable
condition and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would
interfere with its use for airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times
arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of
the airport.
Nothing contained herein shall be construed to require that the airport be operated
for aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein
shall be construed as requiring the maintenance, repair, restoration, or replacement
of any structure or facility which is substantially damaged or destroyed due to an
act of God or other condition or circumstance beyond the control of the sponsor
b. It will suitably operate and maintain noise compatibility program items that it owns
or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
Airport Assurances (1-9S) Page 9 of 16
21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to
the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including landing and
takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it
will not cause or permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program measures upon which
Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on fair and reasonable
terms and without unjust discrimination, to all types, kinds and classes of
aeronautical use.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to-
(1) furnish said services on a fair, reasonable, and not unjustly discriminatory basis
to all users thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
C. Each fixed-based operator at any airport owned by the sponsor shall be subject to
the same rates, fees, rentals, and other charges as are uniformly applicable to all
other fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any
fixed-based operator that is authorized or permitted by the airport to serve any air
carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of
another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or nontenams and signatory carriers and
Airport Assurances (1-45) Page 10 of 16
nonsignatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
.or status.
f It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport; from performing any
services on its own aircraft with its own employees (including, but not limited to
maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to
in this assurance, the services involved will be provided on the same conditions as
would apply to the furnishing of such services by contractors or concessionaires of
the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not unjustly discriminatory
conditions to be met by all users of the airport as may be necessary for the safe and
efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use
of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator shall not be
construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services,
sale of aviation petroleum products whether or not conducted in conjunction with other
aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other
activities which because of their direct relationship to the operation of aircraft can be regarded as
an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under the Airport and
Airport Assurances (1-95) Page 11 of 16
Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance
22 and 23 for the facilities and services being provided the airport users which will make the
airport as self-sustaining as possible under the circumstances existing at the particular airport,
taking into account such factors as the volume of traffic and economy of collection, No part of
the Federal share of an airport development, airport planning or noise compatibility project for
which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues. If the airport is under the control of a public agency, all revenues generated
by the airport and any local taxes on aviation fuel established after December 30, 1987, will be
expended by it for the capital or operating costs of the airport; the local airport system; or other
local facilities which are owned or operated by the owner or operator of the airport and directly
and substantially related to the actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in
debt obligations issued before September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing statutes controlling the owner or
operator's financing, provide for the use of the revenues from any of the airport owner or
operator's facilities, including the airport, to support not only the airport but also the airport
owner or operator's general debt obligations or other facilities, then this limitation on the use of all
revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel)
shall not apply.
26. Reports and Inspections. It will:
(a) submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public;
(b) make available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
(c) for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
(d) for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of the grant agreement
including deeds, leases, agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
Airport Assurances (1-95) Page 12 of 16
(e) in a format prescribed by the Secretary, provide to the Secretary and make available to the
public, not later than 60 days following each of its fiscal years, ending after March 1, 1995, an
annual report listing in detail :
(i) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made, and
(ii) all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed
with Federal financial assistance and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other aircraft at all times without
charge, except, if the use by Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and
the using agency, substantial use of an airport by Government aircraft will be considered to exist
when operations of such aircraft are in excess of those which, in the opinion of the Secretary,
would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that-
a. Five(5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto, or
b. The total number of movements(counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any areas of land or water, or estate therein,
or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for such
purposes. Such areas or any portion thereof will be made available as provided herein within four
months after receipt of a written request from the Secretary.
Airport Assurances (1-95) Page 13 of 16
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (I)
boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature of all existing
and proposed airport facilities and structures (such as runways, taxiways, aprons,
terminal buildings, hangars and roads), including all proposed extensions and
reductions of existing airport facilities; and (3) the location of all existing and
proposed nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the
signature of a duly authorized representative of the Secretary on the face of the
airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or any of its facilities which are not in conformity with the
airport layout plan as approved by the Secretary and which might, in the opinion of
the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned,
leased, or funded property on or off the airport and which is not in conformity with
the airport layout plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary (1) eliminate such adverse effect in a manner approved
by the Secretary; or (2) bear all costs of relocating such property(or replacement
thereof) to a site acceptable to the Secretary and all costs of restoring such
property (or replacement thereof) to the level of safety, utility, efficiency, and cost
of operation existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on
the grounds of race, creed, color, national origin, sex, age, or handicap be excluded
from participating in any activity conducted with or benefitting from funds received
from this grant. This assurance obligates the sponsor for the period during which
Federal financial assistance is extended to the program, except where Federal
financial assistance is to provide, or is in the form of personal property or real
property or interest therein or structures or improvements thereon in
which case the assurance obligates the sponsor or any transferee for the longer of the
following pefiods: (a) the period during which the property is used for a purpose for
which Federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits, or (b) the period during which the sponsor
retains ownership or possession of the property.
Airport Assurances (t-95) Page 14 of 16
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land is no longer needed for such purposes, at fair
market value, at the earliest practicable time. That portion of the proceeds of such
disposition which is proportionate to the United States share of acquisition of such
land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit
in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as
prescribed by the Secretary.
b (1) For land purchased under a grant for airport development purposes (other than
noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which is
proportionate to the United States' share of the cost of acquisition of such land
will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or
within the national airport system, or(b) be paid to the Secretary for deposit in the
Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance
if(a) it may be needed for aeronautical purposes (including runway protection
zones) or serve as noise buffer land, and (b) the revenue from interim uses of such
land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987, was notified by the
operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
C. Disposition of such land under (a) or (b) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping or related services with respect
to the project in the same manner as a contract for architectural and engineering services is
negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
Airport Assurances (1-95) Page 15 of 16
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying fair and
equitable market opportunities for products and suppliers of the United States in procurement and
construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to the .
advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and
included in this grant, and in accordance with applicable state policies, standards, and
specifications approved by the Secretary. 5'F &
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to
the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49
CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in
Subpart B. (2) It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable
period of time prior to displacement, comparable replacement dwellings to displaced persons in
accordance with Subpart E of 49 CFR Part 24.
Airport Assurances (1-95) Page 16 of 16
CURRENT FAA )VISORY CIRCULARS FOR AIP P )JECTS
Updated on: 5/1/95
NUMBER SUBJECT
70f/460.1H Obstruction Marking and Lighting
CHG 1 &2
150/5000-13 Announcement of Availability—RTCA Inc., Document RTCA-221,
Guidance and Recommended Requirements for Airport Surface
Movement Sensors
150/5100-14C Architectural,Engineering,and Planning Consultant Services for Airport
Grant Projects
150/5210.513 Painting,Marking and Lighting of Vehicles Used on an Airport .
150/5210-78 Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210.15 Airport Rescue&Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5220-413 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A Guide Specification for Water/Foam Type Aircraft Rescue and
Firefighting Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
15015220-44A Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small, Dual--Agent Aircraft Rescue and
Firefighting Vehicles
150/5220-20 Airport Snow and Ice Control Equipment
CHG 1
150/5220-21 Guide Specification for Lifts Used to Board Airline Passengers With
CHG 1 Mobility Impairments
150/5300-13 Airport Design
CHG 1,2, 3, 4
15015300-14 Design of Aircraft Deicing Facilities
15015300-15 Use of Value Engineering for Engineering Design of Airport Grant
Proiects
150/5320-56 Airport Drainage
150/5320-6C Airport Pavement Design and Evaluation
CHG 1 & 2
15015320-128 Measurement,Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150153254A Runway Length Requirements for Airport Design
CHG 1
150/5340.1G Standards for Airport Markings
150/5340-4C Installation Details for Runway Centerline Touchdown Zone Lighting
CHG 1 &2 Systems
150/5340-5B Segmented Circle Airport Marker System
CNG 1
150/5340-14B Economy Approach Lighting Aids
CHG 1 & 2
150/5340-17B Standby Power for NonFAA Airport Lighting Systems
150/5340-18C Standards for Airport Sign Systems
CHG 1
150/5340-19 Taxiway Centerline Lighting System
1 5015340-2 1 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
Page 1 of 2 Pages
CURRENT FAA ")1fISORY CIRCULARS FOR A1P F EJECTS
Updated on:511/95
NUMBER SUBJECT
150!5340 24 Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
1511/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
15015345-5A Cirruit Selector Switch
15N5345-7D Specification for L824 Underground Electrical Cable for Airport Lighting
CHG 1 Circuits
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
9501534"ZA Specification for L841 Auxiliary Relay Cabinet Assembly for Plot
Control of Airport Lighting Circuits
15015345-26B. Specification for I=Plug and Receptacle,.Cable Connectors
CHG 1 &2
15015345-27C Specification for Wind Cone Assemblies
15015345-28D Precision Approach Path Indicator(DAPI) Systems
CHG 1
150/5345398 FAA Specification L853,Runway and Taxiway Centerline Retroreflective
CHG 1 Markers
15015345-42C Specification for Airport Light Bases;Transformer Housings,Junction
CHG 1 Boxes and Accessories
15015345-43D Specification for Obstruction Lighting Equipment
15015345-44F Specification for Taxiway and Runway Signs
CHG 1
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
15015345.47A Isolation Transformers for Airport Lightfng Systems
15015345-49A Specification L854,Radio Control Equipment
150/5345-50 Specification for Portable Runway Lights
CHG 1
150/5345-51 Specification for Discharge-Type Flasher Equipment
CHG 1
150/5345-52 Generic Visual Glideslope Indicators(GVGI)
15015345-53 Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing &Graphics
15015360-13 Planning and Design Guidance for Airport Terminal Facilities
CHG 1
150/5370-2C Operational Safety on Airports During Construction
150/5370-68 Construction Progress and Inspection Report-Airport Grant Program
150/5370-10A Standards for Specifying Construction of Airports
CHG 1,2,3,4,5,
6, 7,8
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport
CHG t Pavements
15015370-12 Quality Control of Construction for Airport Grant Projects
150!5390-2A Heliport Design
150/5390-3 Vertiport Design
Page 2 of 2 Pages