
[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]               
[Page 72104-72109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-123]                         

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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.

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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 (734-229-2915)/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;

[[Page 72105]]

    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

[[Page 72106]]

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;

[[Page 72107]]

    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

[[Page 72108]]

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;

[[Page 72109]]

    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
