[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]
[Page 72104-72109]
[DOCID:fr26no08-123]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance;
James M. Cox Dayton International Airport, Dayton, OH

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change a portion of the airport from aeronautical use to
non-aeronautical use and to authorize the release of 382.9796 acres of
airport property for future non-aeronautical development. The land
consists of portions of 19 original airport acquired parcels. These
parcels were acquired under grants 9-33-025-C511, 9-33-025-C813, 8-39-
0029-01, 8-39-0029-03, 3-39-0029-03, and 3-39-0029-13 or without
federal participation. There are no impacts to the airport by allowing
the City of Dayton to sell or lease the property. The land is not
needed for aeronautical use. Approval does not constitute a commitment
by the FAA to financially assist in the sale or lease of the subject
airport property nor a determination of eligibility for grant-in-aid
funding from the FAA. The disposition of proceeds from the sale or
lease of the airport property will be in accordance with FAA's Policy
and Procedures Concerning the Use of Airport Revenue, published in the
Federal Register on February 16, 1999. In accordance with section
47107(h) of title 49, United States Code, this notice is required to be
published in the Federal Register 30 days before modifying the land-use
assurance that requires the property to be used for an aeronautical
purpose.

DATES: Comments must be received on or before December 26, 2008.

ADDRESSES: Written comments on the Sponsor's request must be delivered
or mailed to: Irene R. Porter, Program Manager, Detroit Airports
District Office, 11677 South Wayne Road, Suite 107, Romulus, MI 48174.

FOR FURTHER INFORMATION CONTACT: Irene R. Porter, Program Manager,
Federal Aviation Administration, Great Lakes Region, Detroit Airports
District Office, DET ADO-607, 11677 South Wayne Road, Suite 107,
Romulus, Michigan 48174. Telephone Number<PHONE_NUMBER>)/FAX Number
(734-229-2950). Documents reflecting this FAA action may be reviewed at
this same location or at James M. Cox Dayton International Airport,
Dayton, Ohio.

SUPPLEMENTARY INFORMATION:

Southeast Area Legal Description

    Situated in Section 9, Town 3, Range 6 East, in the City of Dayton,
Montgomery County, Ohio, being part of a 311.24 acre (deed) tract
(Parcel 1) conveyed to the City of Dayton as recorded in Deed Book 778,
Page 91 (being part of Parcels 1 as shown on the James M. Cox Dayton
International Airport Annexation Area as recorded in Plat Book 112,
Page 26) (all references to Deed Books, Official Records, Microfiche
numbers, Survey Records and Plats refer to the Montgomery County
Recorder's Office, Montgomery County, Ohio) and being a tract of land
more particularly described as follows: Beginning at the northwest
corner of Lot 7 of Imperial Subdivision as recorded in Plat Book 80,
Page 36, being on the south line of said Section 9, witness a concrete
monument found on the south line of said Section 9, being 2.49 feet
west of said lot corner, thence along the south line of said Section 9
North 89[deg]50'05'' West, 1613.75 feet;
    Thence North 15[deg]23'35'' West, 377.11 feet;
    Thence North 57[deg]50'40'' East, 1248.32 feet to the southern
corner of an existing 3.516 acre lease tract;
    Thence along said lease parcel the following two (2) described
courses;
    North 57[deg]50'40'' East, 310.69 feet;
    South 00[deg]26'02'' East, 72.87 feet to the western line of the
existing General Aviation 2 Roadway;
    Thence along the west line of said roadway South 00[deg]26'02''
East, 118.10 feet;
    Thence along the south line of said roadway North 89[deg]23'07''
East, 965.76 feet to the west right-of-way line of North Dixie Road,
also being the City of Dayton Corporation Line;
    Thence along said right-of-way line of North Dixie Road South
01[deg]59'46'' East, 293.39 feet to the north line of a 1.22 acre tract
conveyed to The City of Vandalia as recorded in Microfiche 80-
034 E07;
    Thence along the lines of said 1.22 acre tract for the following
three (3) described courses;
    87[deg]30'14'' West, 285.00 feet;
    South 01[deg]59'46'' East, 102.88 feet;
    South 61[deg]53'41'' East, 329.41 feet to the west right-of-way
line of North Dixie Road, also being the City of Dayton Corporation
Line;
    Thence along said right-of-way line South 01[deg]59'46'' East,
191.33 feet to the north line of a 1.002 acre tract conveyed to AKRG
LLC as recorded in Microfiche 01-0170 B02;

    Thence along the north line of said 1.002 acre tract North
89[deg]52'31'' West, 193.29 feet to the northwest corner of said 1.002
acre tract;
    Thence along the west line of said 1.002 acre tract and along the
west line of a 0.5 acre tract of land conveyed to Paul Clinard as
recorded in Microfiche 96-0735 A12, South 01[deg]05'31'' East,
264.19 feet to the southwest corner of said 0.5 acre tract and being on
the north line of Imperial Subdivision as recorded in Plat Book 80,
Page 36, also being the south line of said Section 9;
    Thence along the south line of said Section 9, also being the north
line of said Imperial Subdivision North 89[deg]50'05'' West, 411.23
feet to the Point of Beginning, containing 43.709 acres, subject
however to all covenants, conditions, restrictions and easements
contained in any instrument of record pertaining to the above described
tract of land.

Southwest Area Legal Description

Parcel SW-1

    Situated in Section 8, 17 and 18, Town 3, Range 6 East, in the City
of Dayton, Montgomery County, Ohio, being part of a 165.938 acre (deed)
tract (Parcel 26) conveyed to The City of Dayton, Ohio as recorded in
Deed Book 1941, Page 262, part of a 130.027 acres (deed) tract (Parcel
58) conveyed to the City of Dayton, Ohio as recorded in Deed Book 2397,
Page 74, part of 50.549 acre (deed) tract (Parcel 75) conveyed to The
City of Dayton, Ohio as recorded in Deed Book 2367, Page 714 and part
of a 2.00 acre tract (Parcel 114) conveyed to The City of Dayton, Ohio
as recorded in Microfiche No. 86-205 C06 (being part of Parcels 26, 58,
75 and 114 as shown on the James M. Cox Dayton International Airport
Annexation Area recorded in Plat Book 112, Page 26) (all references to
Deed Books, Official Records, Microfiche numbers, Survey Records and
Plats refer to the Montgomery County Recorder's Office, Montgomery
County, Ohio) and being a tract of land more particularly described as
follows:
    Commencing from a \3/4\ iron pin found in a monument box
at P.O.T. Station 115+00 as shown on the Location Plan Airport Access
Road, recorded in Plat Book 108, Page 25, thence along the centerline
of said Access Road North 03[deg]37'23'' East, 227.06 feet to the
centerline of U.S. 40 (National Road);
    Thence along the centerline of U.S. 40 (National Road) North
84[deg]55'18'' East, 1008.86 feet to the southeast corner of a 50.549
acre tract (Parcel 75 per James M. Cox Dayton International Airport
Annexation Area as recorded in Plat Book 112, Page 26) conveyed to The
City of Dayton, Ohio as recorded in Deed Book 2367, Page 714;
    Thence along the east line of said 50.549 acre tract North
01[deg]49'50'' East, 1805.76 feet to the north Limited Access Right-of-
Way Line for Terminal Drive;
    Thence along said Limited Access Right-of-Way Line South
56[deg]54'21'' West, 10.23 feet to the Point of Beginning of the
following described tract of land;
    Thence along said Limited Access Right-of-Way Line the following
five (5) described courses;
    South 56[deg]54'21'' West, 490.49 feet;
    With a curve to the left, with an arc length of 980.63 feet, a
radius of 1502.41 feet, with a delta angle of 37[deg]23'50'' and a
chord bearing and distance of South 38[deg]14'05'' West, 963.31 feet;
    With a curve to the right, with an arc length of 351.32 feet, a
radius of 697.20 feet, with a delta angle of 28[deg]52'18'' and a chord
bearing and distance of South 33[deg]48'05'' West, 347.62 feet;
    South 48[deg]14'14'' West, 707.08 feet;
    With a curve to the right, with an arc length of 328.22 feet, a
radius of 554.54 feet, with a delta angle of 33[deg]54'43'' and a chord
bearing and distance of South 65[deg]11'38'' West, 323.45 feet to the
north right-of-way line of U.S. Route 40;
    Thence along said right-of-way line the following five (5)
described courses;
    South 82[deg]08'59'' West, 367.40 feet;
    South 84[deg]45'18'' West, 450.00 feet;
    South 84[deg]37'43'' West, 897.21 feet;
    North 18[deg]38'19'' West, 108.86 feet;
    North 89[deg]22'33'' West, 19.59 feet to the west line of said
Parcel 26;
    Thence along said west line North 01[deg]11'31'' East, 795.60 feet;
    Thence through Parcel 26, 75 and 58 the following four (4)
described courses;
    North 56[deg]28'16'' East, 2170.92 feet;
    South 33[deg]23'20'' East, 679.47 feet;
    North 56[deg]27'16'' East, 1629.79 feet;
    South 33[deg]32'44'' East, 403.05 feet to the Point of Beginning,
containing 96.435 acres (4,200,706 sq. ft.), subject however to all
covenants, conditions, restrictions and easements contained in any
instrument of record pertaining to the above described tract of land.

Parcel SW-2

    Situated in Section 8, Town 3, Range 6 East, in the City of Dayton,
Montgomery County, Ohio, being part of a 130.027 acres (deed) tract
(Parcel 58) conveyed to the City of Dayton, Ohio as recorded in Deed
Book 2397, Page 74 (being part of Parcel 58 per James M. Cox Dayton
International Airport Annexation Area as recorded in Plat Book 112,
Page 26) (all references to Deed Books, Official Records, Microfiche
numbers, Survey Records and Plats refer to the Montgomery County
Recorder's Office, Montgomery County, Ohio) and being a tract of land
more particularly described as follows:
    Commencing from a \3/4\'' iron pin found in a monument box at
P.O.T. Station 115+00 as shown on the Location Plan Airport Access
Road, recorded in Plat Book 108, Page 25, thence along the centerline
of said Access Road North 03[deg]37'23'' East, 227.06 feet to the
centerline of U.S. 40 (National Road);
    Thence along the centerline of U.S. 40 (National Road) North
84[deg]55'18'' East, 1008.86 feet to the southeast corner of a 50.549
acre tract (Parcel 75 per James M. Cox Dayton International Airport
Annexation Area as recorded in Plat Book 112, Page 26) conveyed to the
City of Dayton, Ohio as recorded in Deed Book 2367, Page 714;
    Thence along the east line of said 50.549 acre tract North
01[deg]49'50'' East, 1805.76 feet to the north Limited Access Right-of-
Way Line for Terminal Drive;
    Thence along said Limited Access Right-of-Way Line North
56[deg]54'21'' East, 85.90 feet to the end of said right-of-way line;
    Thence along the northern right-of-way line for Terminal Drive
North 57[deg]22'49'' East, 226.58 feet;
    Thence North 33[deg]32'44'' West, 459.47 feet to the future
northern right-of-way line of Cargo Road and being the Point of
Beginning of the following described tract of land;
    Thence North 33[deg]32'44'' West, 600.91 feet to the future
southern right-of-way line of Concorde Drive;
    Thence along said right-of-way line North 56[deg]28'16'' East,
1175.24 feet;
    Thence South 33[deg]36'15'' East, 600.18 feet to the dedicated
right-of-way line of Cargo Road, as recorded in Plat Book 202, Page 12;
    Thence along said dedicated right-of-way South 56[deg]23'45'' West,
382.16 feet to the end of the dedicated right-of-way for Cargo Road;
    Thence along the projection of the northern right-of-way line of
Cargo Road South 56[deg]27'16'' West, 793.70 feet to the Point of
Beginning, containing 16.210 acres (706124 sq. ft.), subject however to
all covenants, conditions, restrictions and easements contained in any
instrument of record pertaining to the above described tract of land.

Parcel SW-3

    Situated in Section 8, Town 3, Range 6 East, in the City of Dayton,
Montgomery County, Ohio, being part of a 130.027 acres (deed) tract
conveyed to the City of Dayton, Ohio as recorded in Deed Book 2397,
Page 74 (being part of

Parcel 58 per James M. Cox Dayton International Airport Annexation Area
as recorded in Plat Book 112, Page 26) (all references to Deed Books,
Official Records, Microfiche numbers, Survey Records and Plats refer to
the Montgomery County Recorder's Office, Montgomery County, Ohio) and
being a tract of land more particularly described as follows:
    Commencing from a \3/4\'' iron pin found in a monument box at
P.O.T. Station 115+00 as shown on the Location Plan Airport Access
Road, recorded in Plat Book 108, Page 25, thence along the centerline
of said Access Road North 03[deg]37'23'' East, 227.06 feet to the
centerline of U.S. 40 (National Road);
    Thence along the centerline of U.S. 40 (National Road) North
84[deg]55'18'' East, 1008.86 feet to the southeast corner of a 50.549
acre tract (Parcel 75 per James M. Cox Dayton International Airport
Annexation Area as recorded in Plat Book 112, Page 26) conveyed to the
City of Dayton, Ohio as recorded in Deed Book 2367, Page 714;
    Thence along the east line of said 50.549 acre tract North
01[deg]49'50'' East, 1805.76 feet to the north Limited Access Right-of-
Way Line for Terminal Drive;
    Thence along said Limited Access Right-of-Way Line North
56[deg]54'21'' East, 85.90 feet to the end of said right-of-way line;
    Thence along the northern right-of-way line for Terminal Drive
North 57[deg]22'49'' East, 1011.19 feet to a southern corner of the
dedicated right-of-way line of Cargo Road as shown on the Freight
Drive, Cargo Road & Boeing Drive Dedication as recorded in Plat Book
202, Page 12;
    Thence along the western end of the dedicated right-of-way for
Boeing Drive the following two (2) described courses;
    North 56[deg]32'48'' East, 161.09 feet;
    North 33[deg]27'11'' West, 13.00 feet and being the Point of
Beginning of the following described tract of land;
    Thence continuing along said dedicated right-of-way the following
six (6) described courses;
    With a curve to the right, with an arc length of 54.40 feet, a
radius of 35.00 feet, with a delta angle of 89[deg]03'14'' and a chord
bearing and distance of North 78[deg]55'34'' West, 49.09 feet;
    North 34[deg]23'57'' West, 68.66 feet;
    South 55[deg]36'03'' West, 10.00 feet;
    North 34[deg]23'57'' West, 264.00 feet;
    With a curve to the right, with an arc length of 63.39 feet, a
radius of 40.00 feet, with a delta angle of 90[deg]47'58'' and a chord
bearing and distance of North 10[deg]59'46'' East, 56.96 feet;
    North 56[deg]23'45'' East, 550.23 feet;
    Thence through said Parcel 58 South 33[deg]36'15'' East, 282.21
feet to the east line of said Lot 58;
    Thence along said east line South 02[deg]01'14'' West, 155.67 feet;
    Thence South 56[deg]32'48'' West, 450.04 feet to the Point of
Beginning, containing 5.340 acres (232628 sq. ft.), subject however to
all covenants, conditions, restrictions and easements contained in any
instrument of record pertaining to the above described tract of land.

Parcel SW-4

    Situated in Section 8, Town 3, Range 6 East, in the City of Dayton,
Montgomery County, Ohio, being part of a 130.027 acres (deed) tract
(Parcel 58) conveyed to the City of Dayton, Ohio as recorded in Deed
Book 2397, Page 74, part of a 8.00 acres (deed) tract (Parcel 74)
conveyed to the City of Dayton, Ohio, as recorded in Deed Book 2432,
Page 452 and part of a 2.147 acre (deed) tract (Parcel 87) as conveyed
to the City of Dayton as recorded in Deed Book 2421, Page 03 (being
part of Parcels 58, 74 and 87 per James M. Cox Dayton International
Airport Annexation Area as recorded in Plat Book 112, Page 26) (all
references to Deed Books, Official Records, Microfiche numbers, Survey
Records and Plats refer to the Montgomery County Recorder's Office,
Montgomery County, Ohio) and being a tract of land more particularly
described as follows:
    Commencing from a \3/4\'' iron pin found in a monument box at
P.O.T. Station 115+00 as shown on the Location Plan Airport Access
Road, recorded in Plat Book 108, Page 25, thence along the centerline
of said Access Road North 03[deg]37'23'' East, 227.06 feet to the
centerline of U.S. 40 (National Road);
    Thence along the centerline of U.S. 40 (National Road) North
84[deg]55'18'' East, 1008.86 feet to the southeast corner of a 50.549
acre tract (Parcel 75 per James M. Cox Dayton International Airport
Annexation Area as recorded in Plat Book 112, Page 26) conveyed to the
City of Dayton, Ohio as recorded in Deed Book 2367, Page 714;
    Thence along the east line of said 50.549 acre tract North
01[deg]49'50'' East, 1805.76 feet to the north Limited Access Right-of-
Way Line for Terminal Drive;
    Thence along said Limited Access Right-of-Way Line North
56[deg]54'21'' East, 85.90 feet to the end of said right-of-way line;
    Thence along the northern right-of-way line for Terminal Drive
North 57[deg]22'49'' East, 226.58 feet to the Point of Beginning of the
following described tract of land;
    Thence North 33[deg]32'44'' West, 407.47 feet to the projected
southern right-of-way line for Cargo Road;
    Thence along said future right-of-way line North 56[deg]27'16''
East, 793.75 feet to the west end of the right-of-way line of Cargo
Road as shown on the Freight Drive, Cargo Road & Boeing Drive
Dedication as recorded in Plat Book 202, Page 12;
    Thence along said dedicated right-of-way line the following six (6)
described courses;
    North 56[deg]23'45'' East, 4.99 feet;
    With a curve to the right, with an arc length of 70.06 feet, a
radius of 45.00 feet, with a delta angle of 89[deg]12'11'' and a chord
bearing and distance of South 79[deg]00'02'' East, 63.20 feet;
    South 34[deg]23'57'' East, 318.00 feet;
    South 55[deg]36'03'' West, 4.00 feet;
    With a curve to the right, with an arc length of 91.14 feet, a
radius of 60.00 feet, with a delta angle of 87[deg]02'10'' and a chord
bearing and distance of South 13[deg]01'48'' West, 82.63 feet;
    South 33[deg]27'11'' East, 1.00 feet;
    Thence along the northern right-of-way line of Terminal Drive South
57[deg]22'49'' West, 784.61 feet to the Point of Beginning, containing
8.014 acres (349075 sq. ft.), subject however to all covenants,
conditions, restrictions and easements contained in any instrument of
record pertaining to the above described tract of land.

Northwest Area Legal Description

Parcel 37

    Situated in Sections 4 and 5, Town 3, Range 6 East, in the City of
Dayton, Montgomery County, Ohio, being part of a 203.16 acre (deed)
tract conveyed to the City of Dayton, Ohio as recorded in Deed Book
2297, Page 350 (being part of Parcel 37 as shown on the James M. Cox
Dayton International Airport Annexation Area recorded in Plat Book 112,
Page 26) (all references to Deed Books, Official Records, Microfiche
numbers, Survey Records and Plats refer to the Montgomery County
Recorder's Office, Montgomery County, Ohio) and being a tract of land
more particularly described as follows:
    Commencing from a 6'' diameter concrete monument with a chiseled
``X'' found at the Northeast corner of said section 5 and being the
Northwest corner of said Section 4, thence along the common line with
said sections South 00[deg]02'25'' East, 70.00 feet to a \5/8\'' iron
pin with a cap stamped ``CESO INC'' set on the south right-of-way line
of Lightner Road and being on the common line with said Sections 4 and
5 and being the Point of Beginning of the following described tract of
land;

    Thence along said south right-of-way line North 89[deg]59'16''
East, 66.90 feet;
    Thence through said Parcel 37 the following two (2) described
courses;
    South 00[deg]19'33'' West, 2612.46 feet;
    South 88[deg]52'35'' West, 50.21 feet to the common line with said
Sections 4 and 5;
    Thence along said common line North 00[deg]02'25'' West, 1410.91
feet to the southeast corner of Parcel 1 of said City of Dayton deed
and being the northeast corner of Parcel 149 of the Dayton
International Airport parcel numbers;
    Thence along the south and west lines of said Parcel 1 of said City
of Dayton deed the following two (2) described courses;
    North 89[deg]51'15'' West, 407.88 feet;
    North 00[deg]04'12'' West, 1202.48 feet to the south right-of-way
line of Lightner Road;
    Thence along said south right-of-way line South 89[deg]51'16''
East, 408.50 feet to the Point of Beginning, containing 14.780 acres
(643818 sq. ft.), subject however to all covenants, conditions,
restrictions and easements contained in any instrument of record
pertaining to the above described tract of land.

Parcel 65 (except 6.03 acres previously released)

    Situated in the Township of Butler, County of Montgomery, State of
Ohio and in the Southeast quarter of Section 5, Town 3, Range 6 East
and being a tract of land conveyed to Mary Davidson and Stanley E.
Davidson in Deed Book 1242, Page 20, Deed Book 1977, Page 1 and Deed
Book 2206, Page 387 of the deed records of Montgomery County, Ohio, and
to Thomas H. Davidson, James L. Davidson and Harriet E. Davidson in
Deed Book 1242, Page 20 and Deed Book 2206, Page 387 of the deed
records of said County and being more particularly bounded and
described as follows: Beginning at an iron pipe in the east line of
Section 5, Town 3, Range 6 East and in the centerline of Old
Springfield Road, said iron pipe being North 6[deg]05'50'' West 1780.00
feet from the southeast corner of said Section 5;
    Thence South 85[deg]01'West 1331.54 feet along the centerline of
Old Springfield Road to an iron pipe;
    Thence North 6[deg]14'10'' West 886.12 feet to a stone;
    Thence North 84[deg]17'50'' East 1333.46 feet to an iron pipe in
the east line of said Section 5;
    Thence South 6[deg]05'50'' East 902.81 feet along the east line of
said Section 5 to the place of beginning;
    Containing 27.36 acres, more or less.
    Excepting the following described property: Situated in the City of
Dayton, County of Montgomery, being part of Lot numbered 81143 of the
consecutive numbers of lots on the revised plat of said City of Dayton,
being more particularly described as follows:
    Beginning at the centerline intersection of Peters Pike and vacated
Old Springfield Pike; thence with the centerline of Peters Pike North
00[deg]15'59'' West 31.08 feet to a point;
    Thence North 89[deg]44'01'' East 30.00 feet to a point in the east
right of way of said Peters Pike; thence along the future north right
of way of Old Springfield Pike North 87[deg]40'00'' East 1305.41 feet
to a point; thence continuing with said right of way South
89[deg]09'51'' East 239.21 feet to a point, said point being the POINT
OF BEGINNING OF THE PARCEL herein described;
    Thence leaving said Right of Way North 00[deg]15'59'' West 747.08
feet to a point;
    Thence North 89[deg]44'02'' East 321.58 feet to a point;
    Thence South 00[deg]15'59'' East 747.08 feet to a point in the
future North Right of Way of Old Springfield Pike;
    Thence continuing with said Right of Way South 89[deg]44'02'' West
321.58 feet to the true point of beginning, containing 5.515 acres more
or less.
    Excepting the following described property: Situated in the City of
Dayton, County of Montgomery, State of Ohio, and being part of Lot
81143 of the consecutive lot numbers in the City of Dayton and being
more particularly described as follows:
    Beginning at the centerline intersection of Peters Pike and vacated
Old Springfield Pike; thence with the centerline of Peters Pike North
00[deg]15'59'' West 31.08 feet to a point;
    Thence North 89[deg]44'01'' East 30.00 feet to a point in the east
right of way of said Peters Pike; thence along the future north right
of way of Old Springfield Pike North 87[deg]40'00'' East 1305.41 feet
to a point; thence continuing with said right of way South
89[deg]09'51'' East 239.21 feet to a point,
    Thence North 89[deg]44'02'' East a distance of 321.58 feet, said
point being the true point of beginning of the leased parcel herein
described;
    Thence leaving said right of way North 00[deg]15'59'' West 747.08
feet to a point;
    Thence North 89[deg]44'02'' East 30.00 feet to a point;
    Thence South 00[deg]15'59'' East 747.08 feet to a point;
    Thence South 89[deg]44'02'' West 30.00' to the true point of
beginning, containing 0.515 acres more or less, subject to all public
roads and easements of record.

Parcel 101

    SITUATED IN SECTION 5, TOWN 3, RANGE 6 EAST OF BUTLER TOWNSHIP,
MONTGOMERY COUNTY, OHIO, AND BEING A PART OF THE 23.215 ACRE TRACT AS
DESCRIBED IN THE DEED BOOK 1487, PAGE 194 OF THE MONTGOMERY COUNTY,
OHIO DEED RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
    BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF PETERS PIKE AND
OLD SPRINGFIELD ROAD AND AT THE SOUTHEAST CORNER OF THE SAID 23.215
ACRE TRACT;
    THENCE SOUTH 79[deg]29'30'' WEST WITH THE CENTERLINE OF OLD
SPRINGFIELD ROAD AND THE SOUTH LINE OF THE SAID 23.215 ACRE TRACT FOR A
DISTANCE OF 702.20 FEET;
    THENCE NORTH 0[deg]05'30'' WEST FOR A DISTANCE OF 330.73 FEET;
    THENCE NORTH 81[deg]58'32'' EAST FOR A DISTANCE OF 697.30 FEET TO
THE CENTERLINE OF PETERS PIKE AND TO THE EAST LINE OF THE SAID 23.215
ACRE TRACT;
    THENCE SOUTH 0[deg]05'30'' EAST WITH CENTERLINE OF PETERS PIKE AND
WITH THE EAST LINE OF THE SAID 23.215 ACRE TRACT FOR A DISTANCE OF
300.00 FEET TO THE PLACE OF BEGINNING.
    CONTAINING 5.000 ACRES MORE OR LESS.

Parcel 148

    SITUATED IN THE TOWNSHIP OF BUTLER, COUNTY OF MONTGOMERY, STATE OF
OHIO AND BEING PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF
SECTION FIVE (5), TOWNSHIP THREE (3), RANGE SIX (6) EAST, BY BEGINNING
AT A STONE IN THE CENTER OF THE ROAD ON THE HALF SECTION LINE; THENCE
DUE EAST 1339.97 FEET TO A CORNER; THENCE DUE SOUTH 885.06 FEET TO THE
CENTER OF THE ROAD; THENCE SOUTH 87 DEGREES 40 MINUTES WEST 1337.00
FEET TO A STONE IN THE CENTER OF ROAD CROSSING; THENCE NORTH \1/2\
DEGREE WEST 941.49 FEET TO PLACE OF BEGINNING; CONTAINING 28.088 ACRES,
MORE OR LESS.

Parcel 149

    SITUATED IN THE CITY OF DAYTON, COUNTY OF MONTGOMERY AND IN THE
STATE OF OHIO AND BEING 19 ACRES OUT OF THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF SECTION 5, TOWN 3, RANGE 6 EAST

BEING PART OF LOT 81143 CITY OF DAYTON AND BOUNDED AND DESCRIBED AS
FOLLOWS:
    BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
AFORESAID SECTION 5; THENCE WEST WITH THE SOUTH LINE OF SAID QUARTER
SECTION, 1210.44 FEET TO THE EAST LINE OF A 13 ACRE TRACT LAND FORMERLY
OWNED BY JOHN TENNEY; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID
QUARTER SECTION, 1389.3 FEET TO TOWNSHIP ROAD; THENCE EAST WITH SAID
ROAD 1210.44 FEET TO THE EAST LINE OF SAID QUARTER; THENCE SOUTH WITH
SAID EAST LINE, 1410.42 FEET TO THE PLACE OF BEGINNING, EXCEPTING 20
ACRES OFF THE WEST PART OF SAID TRACT OF LAND CONVEYED TO WILLIAM
ROUSER BY COLUMBUS OAKS AND WIFE WILLIAM TENNEY AND WIFE BY DEED
BEARING DATE OF MAY 19, 1875, THE LAND HEREIN CONVEYED CONTAINING 19
ACRES, MORE OR LESS.

Parcel 150

    SITUATED IN THE CITY OF DAYTON, COUNTY OF MONTGOMERY, STATE OF OHIO
AND BEING IN SECTION FIVE (5), TOWNSHIP THREE (3), RANGE SIX (6) E. AND
BEING ALL OF LOT 81143 CITY OF DAYTON, AND BEING ALL OF LAND CONVEYED
TO RALPH E. ALEXANDER AND EVELYN ALEXANDER BY DEED RECORDED IN DEED
BOOK 2089, PAGE 163, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED
AS FOLLOWS:
    BEGINNING AT A POINT IN THE CENTERLINE OF OLD SPRINGFIELD RD., AT
THE SOUTHWEST CORNER OF LAND CONVEYED TO THE CITY OF DAYTON, BY DEED
RECORDED IN DEED BOOK 2376, PAGE 572; THENCE NORTH 6[deg]14'10'' WEST
ALONG WEST LINE OF SAID CITY OF DAYTON LAND FOR A DISTANCE OF 886.12
FEET TO THE NORTHWEST CORNER OF SAID LAND; THENCE NORTH 84[deg]17'50''
EAST ALONG THE NORTH LINE OF SAID CITY OF DAYTON LAND FOR A DISTANCE OF
123.02 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO ELMER J. AND
JANET L PRIKKEL BY DEED RECORDED IN DEED BOOK 71-121-D06 SAID POINT
BEING THE TRUE PLACE OF BEGINNING OF THE TRACT HEREIN CONVEYED, THENCE
NORTH 6[deg]05'50'' WEST ALONG THE EAST LINE OF SAID PRIKKEL LAND FOR A
DISTANCE OF 1384.68 FEET TO A POINT IN THE CENTERLINE OF PRIVATE ROAD;
THENCE NORTH 83[deg]12'40'' E. ALONG THE CENTERLINE OF SAID ROAD FOR A
DISTANCE OF 627.00 FEET TO A POINT IN THE NORTHWEST CORNER OF LAND
CONVEYED TO JOHN M. AND MINNIE L. AVEY BY DEED RECORDED IN DEED BOOK
2215, PAGE 60; THENCE SOUTH 6[deg]05'50'' EAST ALONG THE WEST LINE OF
SAID AVEY LAND FOR A DISTANCE OF 1396.56 FEET TO A POINT IN THE
NORTHLINE OF LAND CONVEYED TO THE CITY OF DAYTON, BY DEED RECORDED IN
DEED BOOK 2374, PAGE 572; THENCE SOUTH 84[deg]17'50'' WEST ALONG THE
NORTH LINE OF SAID CITY OF DAYTON LAND FOR A DISTANCE OF 627.00 FEET TO
THE TRUE PLACE OF BEGINNING, CONTAINING 20.016 ACRES, MORE OR LESS.

Parcel 152a

    SITUATED IN THE TOWNSHIP OF BUTLER, IN THE COUNTY OF MONTGOMERY AND
IN THE STATE OF OHIO AND LOCATED IN SECTION 5, TOWN 3, RANGE 6-E, BEING
FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
    BEGINNING AT AN IRON PIPE FOUND AT THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF SECTION 5, THENCE NORTH 00[deg]00' EAST FOR
1172.20 FEET ALONG THE CENTERLINE OF PETERS PIKE TO A RAILROAD SPIKE
SET MARKING THE PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
    THENCE CONTAINING NORTH 00[deg]00' EAST FOR 206.45 FEET ALONG SAID
CENTERLINE TO AN IRON PIN FOUND ON THE CENTERLINE OF A PRIVATE DRIVE;
    THENCE NORTH 89[deg]49'05'' EAST FOR 1061.66 FEET ALONG THE
CENTERLINE OF THE 30 FEET WIDE PRIVATE DRIVE TO AN IRON PIN FOUND;
THENCE SOUTH 00[deg]07' WEST FOR 206.45 FEET TO AN IRON PIN SET; THENCE
SOUTH 89[deg]49'05'' WEST FOR 1061.24 FEET TO THE RAILROAD SPIKE
MARKING THE TRUE PLACE OF BEGINNING OF THE ABOVE DESCRIBED TRACT.
    CONTAINING A TOTAL OF 5.031 ACRES.

Parcel 153

    SITUATED IN THE TOWNSHIP OF BUTLER, COUNTY OF MONTGOMERY, STATE OF
OHIO AND BEING PART OF SECTION 5, TOWN 3, RANGE 6E, AS CONVEYED TO
LILLIE E. YORK IN MICROFICHE 88-668D07 AND DEED BOOK 2004, PAGE 537, OF
THE DEED RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
    BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE CENTER LINES OF
PETERS PIKE AND A PRIVATE ROAD, SAID POINT BEING 1272.48 FEET, MEASURED
ALONG THE CENTER LINE OF PETERS PIKE, SOUTH OF THE NORTH LINE OF
MONTGOMERY COUNTY, WHICH IS ALSO THE NORTH LINE OF SECTION 5;
    THENCE NORTH ALONG THE CENTER LINE OF PETERS PIKE FOR A DISTANCE OF
444.23 FEET TO AN IRON PIN;
    THENCE N. 89 DEGREES 29'30'' E. PARALLEL TO THE NORTH LINE OF
SECTION 5 FOR A DISTANCE OF 549.12 FEET TO AN IRON PIN IN THE WEST LINE
OF PARCEL ONE [PARCEL 156];
    THENCE SOUTH ALONG SAID WEST LINE FOR A DISTANCE OF 444.23 FEET TO
AN IRON PIN IN THE CENTER LINE OF PRIVATE ROAD;
    THENCE S. 89 DEGREES 29'30'' W. ALONG THE CENTER LINE OF SAID
PRIVATE ROAD FOR A DISTANCE OF 549.12 FEET TO THE POINT OF BEGINNING.
    CONTAINING 5.60 ACRES MORE OR LESS.

Parcel 156

    SITUATED IN THE TOWNSHIP OF BUTLER, COUNTY OF MONTGOMERY, STATE OF
OHIO AND BEING A PART SECTION 5, TOWN 3, RANGE 6E AS CONVEYED TO LILLIE
E. YORK IN MICROFICHE 88-668D07 AND DEED BOOK 2004, PAGE 537, OF THE
DEED RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
    STARTING AT AN IRON PIN AT THE INTERSECTION OF THE CENTER LINE OF
PETERS PIKE AND THE NORTH LINE OF MONTGOMERY COUNTY, WHICH IS ALSO THE
NORTH LINE OF SECTION 5 AND THE NORTH LINE OF LIGHTNER ROAD;
    THENCE N. 89 DEGREES 29' 30'' E. ALONG THE NORTH LINE OF SECTION 5
FOR A DISTANCE OF 549.12 FEET TO AN IRON PIN;
    THENCE SOUTH ACROSS LIGHTNER ROAD FOR A DISTANCE OF 70.00 FEET TO
THE POINT OF BEGINNING IN THE SOUTH LINE OF LIGHTNER ROAD;
    THENCE N. 89 DEGREES 29' 30'' E. ALONG THE SOUTH LINE OF LIGHTNER
ROAD FOR A DISTANCE OF 1316.70 FEET TO A POINT;
    THENCE SOUTH FOR A DISTANCE OF 1202.48 FEET TO A POINT IN THE
CENTER LINE OF A PRIVATE ROAD;

    THENCE S. 89 DEGREES 29' 30'' W. ALONG SAID CENTER LINE FOR A
DISTANCE OF 991.70 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF A
TRACT DESCRIBED IN MICROFICHE 82-230B10;
    THENCE NORTH ALONG THE EAST LINE OF SAID TRACT FOR A DISTANCE OF
268.07 FEET TO AN IRON PIN AT ITS NORTHEAST CORNER;
    THENCE S. 89 DEGREES 29' 30'' W. ALONG THE NORTH LINE OF SAID TRACT
FOR A DISTANCE OF 325.00 FEET TO AN IRON PIN AT ITS NORTHWEST CORNER;
    THENCE NORTH FOR A DISTANCE OF 934.41 FEET TO THE POINT OF
BEGINNING.
    CONTAINING 34.346 ACRES MORE OR LESS.

Parcel 157

    SITUATED IN THE TOWNSHIP OF BUTLER, COUNTY OF MONTGOMERY AND STATE
OF OHIO AND BEING ELEVEN AND ONE-HALF (11\1/2\) ACRES OFF THE NORTHEAST
QUARTER OF SECTION FIVE (5), TOWN THREE (3), RANGE SIX (6), EAST, AND
BEGINNING AT THE NORTHWEST CORNER OF NANCY TENNY'S LINE AND RUNNING
SOUTH 1272.48 FEET TO THE ROAD AGREED UPON BY THE PARTIES; THENCE WEST
390.72 FEET TO ROSANNA TENNY'S ELEVEN AND ONE-HALF (11\1/2\) ACRE
TRACT; THENCE NORTH 1272.48 FEET TO THE COUNTY LINE; THENCE EAST 390.72
FEET TO THE PLACE OF BEGINNING.

Parcel 615

    SITUATED IN THE TOWNSHIP OF MONROE, COUNTY OF MIAMI AND STATE OF
OHIO, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWN 4,
RANGE 6, AS SHOWN BY SURVEY FILED IN VOLUME NO. 34 ON PLAT NO. 189, OF
THE MIAMI COUNTY ENGINEER'S RECORDS OF LAND SURVEYS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A HINGE NAIL SET OVER
A RAILROAD SPIKE FOUND AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 32, SAID HINGE NAIL BEING ON THE CENTERLINE OF FREDERICK-
GINGHAMSBURG ROAD; THENCE WITH THE ONE HALF SECTION LINE AND THE
CENTERLINE OF FREDERICK-GINGHAMSBURG ROAD, NORTH 88 DEGREES 22 MINUTES
40 SECONDS WEST, 332.43 FEET TO A P.K. NAIL OVER A RAILROAD SPIKE;
THENCE SOUTH 1 DEGREE 40 MINUTES 00 SECONDS WEST, 250.00 FEET TO AN
IRON PIPE FOUND AT THE PLACE OF BEGINNING OF THE TRACT OF LAND HEREIN
DESCRIBED; THENCE CONTINUING SOUTH 1 DEGREE 40 MINUTES 00 SECONDS WEST,
1080.31 FEET TO AN IRON PIN FOUND;
    THENCE NORTH 88 DEGREES 47 MINUTES 08 SECONDS WEST, 811.05 FEET TO
AN IRON PIN SET; THENCE NORTH 1 DEGREE 14 MINUTES 00 SECONDS EAST
1081.50 FEET TO AN IRON PIN SET; THENCE SOUTH 88 DEGREES 42 MINUTES 00
SECONDS EAST, 505.33 FEET TO AN IRON PIN FOUND; THENCE NORTH 1 DEGREE
14 MINUTES 00 SECONDS EAST, 250.00 FEET TO A RAILROAD SPIKE SET ON THE
CENTERLINE OF THE FREDERICK-GINGHAMSBURG ROAD AND THE ONE HALF SECTION
LINE WITNESS AN IRON PIN SET 30.00 FEET DISTANT ALONG THE LINE LAST
DESCRIBED; THENCE WITH SAID CENTERLINE AND ONE HALF SECTION LINE, SOUTH
88 DEGREES 42 MINUTES 00 SECONDS EAST, 50.00 FEET TO A RAILROAD SPIKE
SET, WITNESS AN IRON PIN SET 30.00 FEET DISTANT ALONG THE LINE NEXT
DESCRIBED;
    THENCE SOUTH 1 DEGREE 14 MINUTES 00 SECONDS WEST, 250.00 FEET TO AN
IRON PIN SET; THENCE SOUTH 88 DEGREES 42 MINUTES 00 SECONDS EAST,
263.90 FEET TO THE IRON PIPE FOUND AT THE PLACE OF BEGINNING,
CONTAINING 20.514 ACRES, SUBJECT TO ALL LEGAL HIGHWAYS.

Parcel 616

    Situated in the Township of Monroe, County of Miami and State of
Ohio, being a part of the southeast quarter of Section 32, Town 4,
Range 6 East, as shown by survey filed in Volume No. 27, on Plat No.
48, of the Miami County Engineer's Record of Land Surveys, and being
more particularly described as follows:
    Beginning at a railroad spike in the centerline of the
Ginghamsburg-Frederick Road which marks the northeast corner of the
southeast quarter of Section 32, said railroad spike being the place of
beginning of the tract herein described; thence South 01 degrees 49
minutes 25 seconds West with the one half section line, 2667.07 feet to
a concrete monument at the southeast corner of Section 32 (also the
southwest corner of Section 33); thence North 88 degrees 37 minutes 40
seconds West with the south section line of Section 32, and said County
line, 650.53 feet to an iron pin; thence North 1 degree 40 minutes 22
seconds East, 1333.14 feet to an iron pin; thence South 89 degrees 30
minutes 46 seconds East 325.32 feet to an iron pin; thence North 1
degree 40 minutes East 1330.31 feet to a railroad spike on the
centerline of the Ginghamsburg-Frederick Road and the one half section
line, said railroad spike being witnessed by an iron pin 30.00 feet
distance on the line last described; thence south 88 degrees 22 minutes
40 seconds East with said centerline and said one half section line
332.43 feet to a railroad spike at the place of beginning, containing
30.111 acres, being subject to all legal highways, easements and
restrictions of record. Said property being located at 1051 Lightner
Boulevard, Tipp City, Ohio.
    Excepting the following described property: Situate in the Township
of Monroe, County of Miami and State of Ohio, being a part of the
southeast quarter of Section 32, Town 4, Range 6 East, as shown by
survey filed in Volume No. 35, on Plat No. 35, of the Miami County
Engineer's Record of Land Surveys, being more particularly described as
follows:
    Commencing at a concrete monument found at the southeast corner of
the southeast quarter of said Section 32, said monument being on the
north line of Lightner Road and on the Miami-Montgomery County Line;
thence with said county line and section line and the North right of
way line of Lightner Road, North 88 degrees 37 minutes 40 seconds West,
410.53 feet to an iron pin set at the place of beginning of the tract
of land herein described; thence continuing with the county line and
section line and north right of way line of Lightner Road, North 88
degrees 37 minutes 40 seconds West 240.00 feet to an iron pin found;
thence North 1 degree 40 minutes 22 seconds East, 360.00 feet to an
iron pin set; thence South 88 degrees 37 minutes 40 seconds East,
240.00 feet to an iron pin set; thence South 1 degree 40 minutes 22
seconds West, 360.00 feet to an iron pin at the place of beginning,
containing 1.9834 acres, more or less. Subject to all legal highways.

    Issued in Romulus, Michigan on November 18, 2008.
Matthew J. Thys,
Manager, Detroit Airports District Office, FAA, Great Lakes Region.
[FR Doc. E8-28075 Filed 11-25-08; 8:45 am]

BILLING CODE 4910-13-P