
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]               
[Page 16903-16909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-145]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Public Notice for Waiver of Aeronautical Land-Use Assurance 
Dayton-Wright Brothers 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 10.829 acres of 
airport property for permanent public roadway use. The land consists of 
portions of 4 original airport acquired parcels. These parcels were 
acquired under grants 5-39-0030-01, 5-39-0030-02, 5-39-0030-03, 5-39-
0030-04, 5-39-0030-05, and 3-39-0030-01. There are no impacts to the 
airport by allowing the City of Dayton to sell 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 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 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 May 3, 2010.

ADDRESSES: Written comments on the Sponsor's request must be delivered 
or mailed to: Irene R. Porter, Program Manager, Detroit Airports 
District

[[Page 16904]]

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 Dayton Wright Brothers Airport, Dayton, Ohio.

SUPPLEMENTARY INFORMATION: 

Parcel 6-SH1

    Situated in the Township of Miami, County of Montgomery, State of 
Ohio and being a part of a 57.720 acre tract of land as conveyed to The 
City of Dayton, Ohio, and described in Deed M.F. 74-023D06 and lying in 
Section 10, Township 2, Range 5, M.Rs., and being a parcel of land 
lying on the Right side of the Centerline of Construction of Austin 
Boulevard, as shown on Plat Book 212, Pages 34 and 34A as surveyed by 
Burgess & Niple for the Montgomery County Engineer's Office and being 
more particularly described as follows:
    Beginning for reference at a brass disk found in a highway monument 
box stamped ``Montgomery County Engineer's Dayton'', located in the 
existing centerline of Right-of-Way of Austin Pike at the southeast 
corner of the Villages of Miami-South, Section Seven, as shown in Plat 
Book 192, Page 33. Said disk being located 15.31 left of Austin 
Boulevard Centerline of Construction Station 225+55.84;
    Thence the following seven (7) courses and distances along said 
existing centerline of Right-of-Way of Austin Pike:
    1. S 83[deg]01[min]58[sec] W, a distance of 670.76 feet and along 
the south line of said Villages of Miami-South, Section Seven, to an 
angle point being located 15.93 feet left of Austin Boulevard 
Centerline of Construction Station 218+85.08;
    2. S 83[deg]46[min]58[sec] W, a distance of 160.64 feet, and along 
said south line of the Villages of Miami-South, Section Seven, to an 
angle point at the common corner of said Villages of Miami-South, 
Section Seven, and the 68.065 acre tract of land conveyed to the Board 
of Trustees Miami Township, Montgomery County, Ohio in Deed M.F. 95-
248D05. Said point being located 18.18 feet left of Austin Boulevard 
Centerline of Construction Station 217+24.46;
    3. S 83[deg]46[min]26[sec] W, a distance of 373.41 feet, and along 
the south line of said 68.065 acre tract, to an angle point being 
located 21.45 feet left of Austin Boulevard Centerline of Construction 
Station 213+50.09;
    4. S 83[deg]49[min]00[sec] W, a distance of 722.77 feet, and along 
said south line of the 68.065 acre tract, to a point at the common 
corner of said 68.065 acre tract and the 23.744 acre tract of land 
conveyed to The City of Dayton, Ohio in Deed M.F. 83-011B03. Said point 
being located 76.02 feet right of Austin Boulevard Centerline of 
Construction Station 206+30.88;
    5. Continue S 83[deg]49[min]00[sec] W, a distance of 22.67 feet, 
and along the south line of said 23.744 acre tract, to a point at the 
northeast corner of the aforesaid Grantor's 57.720 acre tract. Said 
point being located 78.95 feet right of Austin Boulevard Centerline of 
Construction Station 206+08.10;
    6. S 89[deg]17[min]39[sec] W, a distance of 673.03 feet, and along 
the south line of said 23.744 acre tract and north line said Grantor's 
57.720 acre tract, to a railroad spike found at the common corner of 
said 23.744 acre tract and the aforesaid 68.065 (Total) acre tract, 
said point being located 60.27 feet right of Austin Boulevard 
Centerline of Construction Station 199+26.65;
    7. S 89[deg]16[min]51[sec] W, a distance of 141.77 feet, and along 
the south line of said 68.065 (Total) acre tract and north line said 
Grantor's 57.720 acre tract, to a point at the northeast corner of 
Parcel 126-WDV of proposed Right-of-Way to be acquired by ODOT Project 
MOT-750.75, Phase Three, PID 77246, as shown upon the Right-of-Way 
plans thereof. Said point being located 46.21 feet right of Austin 
Boulevard Centerline of Construction Station 197+84.25;
    Thence the following three (3) courses and distances along said 
Parcel 126-WDV:
    1. S 00[deg]43[min]10[sec] E, a distance of 24.12 feet, to a point 
being located 70.18 feet right of Austin Boulevard Centerline of 
Construction Station 197+81.53;
    2. S 55[deg]11[min]45[sec] W, a distance of 72.45 feet, to a point 
being located 103.43 feet right of Austin Boulevard Centerline of 
Construction Station 197+16.18;
    3. S 84[deg]57[min]40[sec] W, a distance of 273.40 feet, to an iron 
pin set. Said iron pin being the point of true beginning and located 
83.63 feet right of Austin Boulevard Centerline of Construction Station 
194+38.94;
    Thence S 80[deg]59[min]47[sec] W, a distance of 411.13 feet along 
the proposed south right-of-way across aforesaid Grantor's 57.720 acre 
tract, to an iron pin set in the aforesaid south line of Parcel 126-
WDV. Said iron pin being located 95.76 feet right of Austin Boulevard 
Centerline of Construction Station 190+41.43;
    Thence the following two (2) courses and distances along said south 
lines of Parcel 126-WDV:
    1. N 76[deg]48[min]01[sec] E, a distance of 200.25 feet, to a 
point. Said point being located 66.00 feet right of Austin Boulevard 
Centerline of Construction Station 192+31.49;
    2. N 84[deg]57[min]40[sec] E, a distance of 211.92 feet, to the 
point of true beginning.
    The above described area contains a total of 0.069 acres, within 
the Montgomery County Auditor's Parcel Number K45 02602 0015, which 
includes 0.000 acres in the present road occupied.

Parcel 6-SH2

    Situated in the Township of Miami, County of Montgomery, State of 
Ohio and being a part of a 57.720 acre tract of land as conveyed to The 
City of Dayton, Ohio, and described in Deed M.F. 74-023D06 and lying in 
Section 10, Township 2, Range 5, M.Rs., and being a parcel of land 
lying on the Right side of the Centerline of Construction, Austin 
Boulevard, as shown on Plat Book 212, Pages 34 and 34A as surveyed by 
Burgess & Niple for the Montgomery County Engineer's Office and being 
more particularly described as follows:
    Beginning for reference at a brass disk found in a highway monument 
box stamped ``Montgomery County Engineer's Dayton'', located in the 
existing centerline of Right-of-Way of Austin Pike at the southeast 
corner of the Villages of Miami-South, Section Seven, as shown in Plat 
Book 192, Page 33. Said disk being located 15.31 left of Austin 
Boulevard Centerline of Construction Station 225+55.84;
    Thence the following five (5) courses and distances along said 
existing centerline of Right-of-Way of Austin Pike:
    1. S 83[deg]01[min]58[sec] W, a distance of 670.76 feet, and along 
the south line of said Villages of Miami-South, Section Seven, to an 
angle point being located 15.93 feet left of Austin Boulevard 
Centerline of Construction Station 218+85.08;
    2. S 83[deg]46[min]58[sec] W, a distance of 160.64 feet, and along 
said south line of the Villages of Miami-South, Section Seven, to an 
angle point at the common corner of said Villages of Miami-South, 
Section Seven, and the 68.065 acre tract of land conveyed to the Board 
of Trustees Miami Township, Montgomery County, Ohio, by deed of record 
in Deed M.F. 95-248D05. Said point being located 18.18 feet left of 
Austin Boulevard Centerline of Construction Station 217+24.46;

[[Page 16905]]

    3. S 83[deg]46[min]26[sec] W, a distance of 373.41 feet, and along 
the south line of said 68.065 acre tract, to an angle point being 
located 21.45 feet left of Austin Boulevard Centerline of Construction 
Station 213+50.09;
    4. S 83[deg]49[min]00[sec] W, a distance of 722.77 feet, and along 
said south line of the 68.065 acre tract, to a point at the common 
corner of said 68.065 acre tract and the 23.744 acre tract of land 
conveyed to The City of Dayton, Ohio by deed of record in Deed M.F. 83-
011B03. Said point being located 76.02 feet right of Austin Boulevard 
Centerline of Construction Station 206+30.88;
    5. Continue S 83[deg]49[min]00[sec] W, a distance of 22.67 feet, 
and along the south line of said 23.744 acre tract, to a point at the 
northeast corner of the aforesaid Grantor's 57.720 acre tract. Said 
point being the point of true beginning and located 78.95 feet right of 
Austin Boulevard Centerline of Construction Station 206+08.10;
    Thence S 05[deg]07[min]29[sec] W, a distance of 24.88 feet along 
the east line of said Grantor's 57.720 acre tract, to an iron pin set 
in the existing southerly Right-of-Way line of Austin Pike. Said iron 
pin being located 103.76 feet right of Austin Boulevard Centerline of 
Construction Station 206+06.33;
    Thence S 89[deg]17[min]39[sec] W, a distance of 670.50 feet along 
said existing southerly Right-of-Way line of Austin Pike, to an iron 
pin set. Said iron pin being located 84.93 feet right of Austin 
Boulevard Centerline of Construction Station 199+24.46;
    Thence S 85[deg]14[min]06[sec] W, a distance of 159.75 feet, along 
the proposed south right-of-way across said Grantor's 57.720 acre 
tract, to an iron pin set in the easterly line of Parcel 126-WDV, as 
delineated on ODOT Project MOT-75-0.75, Phase Three, PID 77246, Right-
of-Way plans. Said iron pin being located 80.00 feet right of Austin 
Boulevard Centerline of Construction Station 197+62.45;
    Thence the following two (2) courses and distances along the 
easterly lines of said Parcel 126-WDV:
    1. N 55[deg]11[min]45[sec] E, a distance of 21.23 feet, to an angle 
point. Said point being located 70.18 feet right of Austin Boulevard 
Centerline of Construction Station 197+81.53;
    2. N 00[deg]43[min]10[sec] W, a distance of 24.12 feet, to a point 
in the aforesaid existing centerline of Right-of-Way of Austin Pike and 
north line of Grantor's 57.720 acre tract. Said point being located 
46.21 feet right of Austin Boulevard Centerline of Construction Station 
197+84.25;
    Thence the following two (2) courses and distances along said 
existing centerline of Right-of-Way of Austin Pike and north line of 
Grantor's 57.720 acre tract:
    1. N 89[deg]16[min]51[sec] E, a distance of 141.77 feet, to a 
railroad spike found. Said spike being located 60.27 feet right of 
Austin Boulevard Centerline of Construction Station 199+26.65;
    2. N 89[deg]17[min]39[sec] E, a distance of 673.03 feet, to the 
point of true beginning.
    The above described area contains a total of 0.481 acres within the 
Montgomery County Auditor's Parcel Number K45 02602 0015, of which 
0.461 acres are in the present road occupied.

Parcel 6-SH3

    Situated in the Township of Miami, County of Montgomery, State of 
Ohio and being a part of the 23.744 acre tract of land as conveyed to 
The City of Dayton, Ohio and described in Deed M.F. 83-011B03, and 
lying in Section 10, Township 2, Range 5, M.Rs., and being a parcel of 
land lying on the Left and Right sides of the Centerline of 
Construction, Austin Boulevard, as shown on Plat Book 212, Pages 34 and 
34A as surveyed by Burgess & Niple for the Montgomery County Engineer's 
Office and being more particularly described as follows:
    Beginning for reference at a brass disk found in a highway monument 
box stamped ``Montgomery County Engineer's Dayton'', located in the 
existing centerline of Right-of-Way of Austin Pike at the southeast 
corner of the Villages of Miami-South Section Seven as shown in Plat 
Book 192, Page 33. Said disk being located 15.31 left of Austin 
Boulevard Centerline of Construction Station 225+55.84;
    Thence the following four (4) courses and distances along said 
existing centerline of Right-of-Way of Austin Pike:
    1. S 83[deg]01'58'' W, a distance of 670.76 feet, and along the 
south line of said Villages of Miami-South, Section Seven, to an angle 
point being located 15.93 feet left of Austin Boulevard Centerline of 
Construction Station 218+85.08;
    2. S 83[deg]46'58'' W, a distance of 160.64 feet, and along said 
south line of the Villages of Miami-South, Section Seven, to an angle 
point at the common corner of said Villages of Miami-South, Section 
Seven, and the 68.065 acre tract of land conveyed to the Board Of 
Trustees Miami Township, Montgomery County, Ohio, by deed of record in 
Deed M.F. 95-248D05. Said point being located 18.18 feet left of Austin 
Boulevard Centerline of Construction Station 217+24.46;
    3. S 83[deg]46'26'' W, a distance of 373.41 feet, and along the 
south line of said 68.065 acre tract, to an angle point being located 
21.45 feet left of Austin Boulevard Centerline of Construction Station 
213+50.09;
    4. S 83[deg]49'00'' W, a distance of 722.77 feet, and along said 
south line of the 68.065 acre tract, to a point at the common corner of 
said 68.065 acre tract and aforesaid Grantor's 23.744 acre tract. Said 
point being the point of true beginning and located 76.02 feet right of 
Austin Boulevard Centerline of Construction Station 206+30.88;
    Thence continue S 83[deg]49'00'' W, a distance of 22.67 feet, and 
along the south line of said Grantor's 23.744 acre tract, to a point at 
the northeast corner of the 57.720 acre tract conveyed to THE CITY OF 
DAYTON, OHIO, and described in Deed M.F. 74-023D06. Said point being 
located 78.95 feet right of Austin Boulevard Centerline of Construction 
Station 206+08.10;
    Thence S 89[deg]17'39'' W, a distance of 673.03 feet, and along the 
south line of said Grantor's 23.744 acre tract and north line of said 
57.720 acre tract to a railroad spike found at the common corner of 
said Grantor's 23.744 acre tract and the aforesaid 68.065 (Total) acre 
tract conveyed to Board Of Trustees of Miami Township, Montgomery 
County, Ohio, said spike being located 60.27 feet right of Austin 
Boulevard Centerline of Construction Station 199+26.65;
    Thence N 14[deg]46'48'' E, a distance of 160.12 feet, along the 
line common to said Grantor's 23.744 acre tract and said 68.065 (Total) 
acre tract, to an iron pin set in the proposed north Right-of-Way. Said 
iron pin being located 90.00 feet left of Austin Boulevard Centerline 
of Construction Station 199+81.81;
    Thence the following three (3) courses and distances along the 
proposed north Right-of-way across said Grantor's 23.744 acre tract:
    1. Easterly along arc of said curve to the right (and non tangent 
to the previous course), having a radius of 5819.58 feet, a central 
angle of 04[deg]10'55'', and a chord bearing N 86[deg]56'32'' E, a 
chord distance of 424.67 feet, for an arc distance of 424.76 feet, to 
an iron pin set. Said iron pin being located 90.00 feet left of Austin 
Boulevard Centerline of Construction Station 204+00.00;
    2. S 82[deg]03'20'' E (and non tangent to the previous course), a 
distance of 102.54 feet, to an iron pin set. Said iron pin being 
located 75.00 feet left of Austin Boulevard Centerline of construction 
Station 205+00.00;
    3. Easterly along arc of said curve to the right (and non tangent 
to the previous course), having a radius of

[[Page 16906]]

5804.58 feet, a central angle of 02[deg]10'52'', and a chord bearing S 
88[deg]52'34'' E, a chord distance of 220.96 feet, for an arc distance 
of 220.97 feet, to an iron pin set in the line common to said Grantor's 
23.744 acre tract and the aforesaid 68.065 (Total) acre tract. Said 
iron pin being located 75.00 feet left of Austin Boulevard Centerline 
of Construction Station 207+18.12;
    Thence S 31[deg]47'17'' W, a distance of 174.40 feet, along the 
line common to said Grantor's 23.744 acre tract and aforesaid 68.065 
(Total) acre tract, to the point of true beginning.
    The above described area contains a total of 2.685 acres, within 
the Montgomery County Auditor's Parcel Number K45 02602 0058, which 
includes 0.398 acres in the present road occupied.

Parcel 6-SH4

    Situated in the Township of Miami, County of Montgomery, State of 
Ohio and being a part of the 16.700 acre tract of land as conveyed to 
The City of Dayton, Ohio and described in Deed M.F. 74-023D06 and lying 
in Section 10, Township 2, Range 5, M.Rs., and being a parcel of land 
lying on the Left and Right sides of the Centerline of Construction, 
Austin Boulevard, as shown on Plat Book 212, Pages 34 and 34A as 
surveyed by Burgess & Niple for the Montgomery County Engineer's Office 
and being more particularly described as follows:
    Beginning for reference at a brass disk found in a highway monument 
box stamped ``Montgomery County Engineer's Dayton'', located in the 
existing centerline of Right-of-Way of Austin Pike at the southeast 
corner of the Villages of Miami-South, Section Seven, as shown in Plat 
Book 192, Page 33. Said disk being located 15.31 left of Austin 
Boulevard Centerline of Construction Station 225+55.84;
    Thence the following three (3) courses and distances along said 
existing centerline of Right-of-way of Austin Pike:
    1. S 83[deg]01'58'' W, a distance of 670.76 feet, and along the 
south line of said Villages of Miami-South, Section Seven, to an angle 
point being located 15.93 feet left of Austin Boulevard Centerline of 
Construction Station 218+85.08;
    2. S 83[deg]46'58'' W, a distance of 160.64 feet, and along said 
south line of the Villages of Miami-South, Section Seven, to an angle 
point at the common corner of said Villages of Miami-South, Section 
Seven, and the 68.065 acre tract of land conveyed to the Board Of 
Trustees Miami Township, Montgomery County, Ohio, by deed of record in 
Deed M.F. 95-248D05. Said point being located 18.18 feet left of Austin 
Boulevard Centerline of Construction Station 217+24.46;
    3. S 83[deg]46'26'' W, a distance of 373.41 feet, and along the 
south line of said 68.065 acre tract, to an angle point at the common 
corner of the 54.423 acre tract conveyed to The City of Dayton, Ohio 
and described in Deed M.F. 86-547C10 and the aforesaid Grantor's 16.700 
acre tract. Said point being the TRUE POINT OF BEGINNING and located 
21.45 feet left of Austin Boulevard Centerline of Construction Station 
213+50.09;
    Thence S 05[deg]08'40'' W, a distance of 103.51 feet, along the 
line common to said 54.423 acre tract and Grantor's 16.700 acre tract, 
to an iron pin set. Said iron pin being located 80.69 feet right of 
Austin Boulevard Centerline of Construction Station 213+33.55;
    Thence the following two (2) courses and distances along the 
proposed south Right-of-Way across said Grantor's 16.700 acre tract:
    1. S 82[deg]58'46'' W, a distance of 71.69 feet, to an iron pin 
set. Said iron pin being located 85.82 feet right of Austin Boulevard 
Centerline of Construction Station 212+65.03;
    2. N 89[deg]24'50'' W, a distance of 662.93 feet, to an iron pin 
set in the line common to said Grantor's 16.700 acre tract and the 
57.720 acre tract conveyed to The City of Dayton, Ohio, and described 
in Deed M.F. 74-023D06. Said iron pin being located 103.76 feet right 
of Austin Boulevard Centerline of Construction Station 206+06.33;
    Thence N 05[deg]07'29'' E, a distance of 24.88 feet, along the line 
common to said Grantor's 16.700 acre tract and said 57.720 acre tract, 
to a point in the aforesaid centerline of Austin Pike. Said point being 
located 78.95 feet right of Austin Boulevard Centerline of Construction 
Station 206+08.10;
    Thence N 83[deg]49'00'' E, a distance of 745.44 feet, along said 
centerline of Austin Pike and north line of Grantor's 16.700 acre 
tract, to the TRUE POINT OF BEGINNING.
    The above described area contains a total of 1.149 acres, within 
the Montgomery County Auditor's Parcel Number K45 02602 0023, which 
includes 0.424 acres in the present road occupied.

Parcel 6-SH5

    Situated in the Township of Miami, County of Montgomery, State of 
Ohio and being a part of the 54.423 acre tract of land as conveyed to 
The City of Dayton, Ohio and described in Deed M.F. 86-547C10 and lying 
in Section 10, Township 2, Range 5, M.Rs., and being a parcel of land 
lying on the Left and Right sides of the Centerline of Construction, 
Austin Boulevard, as shown on Plat Book 212, Pages 34 and 34A as 
surveyed by Burgess & Niple for the Montgomery County Engineer's Office 
and being more particularly described as follows:
    BEGINNING at a brass disk found in a highway monument box stamped 
``Montgomery County Engineer's Dayton'', located in the existing 
centerline of Right-of-Way of Austin Pike and north line of said 
Grantor's 54.423 acre tract, at the southeast corner of the Villages of 
Miami-South, Section Seven, as shown in Plat Book 192, Page 33. Said 
disk being located 15.31 left of Austin Boulevard Centerline of 
Construction Station 225+55.84;
    Thence N 82[deg]58'02'' E, a distance of 697.56 feet, along said 
existing centerline of Right-of-Way of Austin Pike and north line of 
Grantor's 54.423 acre tract, to a PK Nail set at the common corner of 
said Grantor's 54.423 acre tract and the 118.930 acre tract conveyed to 
The City of Dayton, Ohio and described in Deed M.F. 86-547C12. Said PK 
Nail being located 64.72 feet left of Austin Boulevard Centerline of 
Construction Station 232+44.54;
    Thence S 05[deg]35'05'' W, a distance of 201.00 feet, along the 
line common to said Grantor's 54.423 acre tract and said 118.930 acre 
tract to an iron pin set, said point being located 136.13 feet right of 
Austin Boulevard Centerline of Construction Station 232+36.87;
    Thence the following six (6) courses and distances along the 
proposed south Right-of-way across said Grantor's 54.423 acre tract:
    1. N 80[deg]26'56'' W, a distance of 11.54 feet, to an iron pin 
set. Said iron pin being located 134.86 feet right of Austin Boulevard 
Centerline of Construction Station 232+24.83;
    2. N 31[deg]28'27'' W a distance of 42.22 feet, to an iron pin set. 
Said iron pin being located 100.00 feet right of Austin Boulevard 
Centerline of Construction Station 232+00.00;
    3. N 74[deg]27'32'' W, a distance of 50.56 feet, to an iron pin 
set. Said iron pin being located 88.25 feet right of Austin Boulevard 
Centerline of Construction Station 231+49.15;
    4. N 85[deg]46'45'' W, a distance of 145.19 feet, to an iron pin 
set, said iron pin being located 77.82 feet right of Austin Boulevard 
Centerline of Construction Station 230+00.00;
    5. Westerly along arc of said curve to the left having a radius of 
2786.97 feet, a central angle of 05[deg]37'56'', and a chord bearing S 
85[deg]47'44'' W, a chord distance of 273.85 feet, for an arc distance 
of 273.96 feet, to an iron pin set at the point of tangency. Said iron 
pin being located 77.82 feet right of Austin

[[Page 16907]]

Boulevard Centerline of Construction Station 227+18.39;
    6. S 82[deg]58'46'' W, a distance of 1389.12 feet, to an iron pin 
set in the line common to said Grantor's 54.423 acre tract and the 
16.700 acre tract conveyed to The City of Dayton, Ohio and described in 
Deed M.F. 74-023D06. Said iron pin being located 80.69 feet right of 
Austin Boulevard Centerline of Construction Station 213+33.55;
    Thence N 05[deg]08'40'' E, a distance of 103.51 feet, along the 
line common to said Grantor's 54.423 acre tract and said 16.700 acre 
tract, to a point in the aforesaid existing centerline of Right-of-way 
of Austin Pike at the common corner of said Grantor's 54.423 acre tract 
and said 16.700 acre tract. Said point being located 21.45 feet left of 
Austin Boulevard Centerline of Construction Station 213+50.09;
    Thence the following three (3) courses and distances along said 
existing centerline of Right-of Way of Austin Pike and north line of 
said Grantor's 54.423 acre tract:
    1. N 83[deg]46'26'' E, a distance of 373.41 feet, to a point at the 
southwest corner of aforesaid Villages of Miami South, Section Seven. 
Said point being located 18.18 feet left of Austin Boulevard Centerline 
of Construction Station 217+24.46;
    2. N 83[deg]46'58'' E, a distance of 160.64 feet, and along the 
south line of said Villages of Miami-South, Section Seven, to a point. 
Said point being located 15.93 feet left of Austin Boulevard Centerline 
of Construction Station 218+85.08;
    3. N 83[deg]01'58'' E, a distance of 670.76 feet, and along the 
south line of said Villages of Miami-South, Section Seven, to the POINT 
OF BEGINNING.
    The above described area contains a total of 4.388 acres, within 
the Montgomery County Auditor's Parcel Number K45 02602 0059, which 
includes 1.357 acres in the present road occupied.

Parcel 6-SH6

    Situated in the Township of Miami, County of Montgomery, State of 
Ohio and being a part of a 118.930 acre tract of land as conveyed to 
The City of Dayton, Ohio and described in Deed M.F. 86-547C12 and lying 
in Section 10, Township 2, Range 5, M.Rs., and being a parcel of land 
lying on the Left and Right sides of the centerline of right of way and 
construction Austin Boulevard, as shown on Plat Book 212, Pages 34 and 
34A as surveyed by Burgess & Niple for the Montgomery County Engineer's 
Office and being more particularly described as follows:
    Beginning at a brass disk found in a highway monument box stamped 
``Montgomery County Engineer's Dayton'', located at the intersection of 
the existing centerline of Right-of-Way of Austin Pike, and the line 
common to Miami Township Section 10, Township 2, Range 5, and 
Washington Township Section 4, Township 2, Range 5 of the M.Rs. Said 
disk being the northeast corner of said Grantor's 118.930 acre tract 
and located 85.17 feet left of Austin Boulevard Centerline of 
Construction Station 233+42.34;
    Thence S 05[deg]35'01'' W, a distance of 230.30 feet, along said 
line common to Miami Township and Washington Township, and east line of 
Grantor's 118.930 acre tract, to an iron pin set. Said iron pin being 
located 145.13 feet right of Austin Boulevard Centerline of 
Construction Station 233+41.81;
    Thence N 80[deg]26'56'' W, a distance of 100.19 feet along the 
proposed south Right-of-Way across said Grantor's 118.930 acre tract, 
to an iron pin set in the line common to said Grantor's 118.930 acre 
tract, and the 54.423 acre tract conveyed to The City of Dayton, Ohio 
and described in Deed M.F. 86-547C10. Said point being located 136.13 
feet right of Austin Boulevard Centerline of Construction Station 
232+36.87;
    Thence N 05[deg]35'05'' E, a distance of 201.00 feet, along said 
line common to said Grantor's 118.930 acre tract and said 54.423 acre 
tract, to a PK Nail Set in the aforesaid existing centerline of Right-
of-way of Austin Pike, at the northwesterly corner of said Grantor's 
118.930 acre tract. Said PK nail being located 64.72 feet left of 
Austin Boulevard Centerline of Construction Station 232+44.54;
    Thence N 82[deg]58'02'' E a distance of 102.42 feet along said 
existing centerline of Right-of-way of Austin Pike and northerly line 
of said Grantor's 118.930 acre tract, to the true point of beginning.
    The above described area contains a total of 0.495 acres, within 
the Montgomery County Auditor's Parcel Number K45 02602 0011, which 
includes 0.140 acres in the present road occupied.

Parcel 6-SH7

    Situated in the State of Ohio, County of Montgomery, Township of 
Miami, Section 10, Township 2, Range 5, M.Rs., and being a part of a 
57.720 acre tract of land as conveyed to The City of Dayton, Ohio, and 
described in Deed M.F. 74-023D06 and being more particularly described 
as follows:
    Being a parcel lying on the right side of the Centerline of 
Construction of Austin Boulevard as shown on Plat Book 212, Pages 34 
and 34A of the Plat records of Montgomery County and being located 
within the following described points in the boundary thereof:
    Commencing at a brass disk found within a highway monument box 
stamped ``Montgomery County Engineer's Dayton'' located on the existing 
centerline of Right-of-Way of Austin Pike at the southeast corner of 
the Villages of Miami-South, Section Seven, as shown on Plat Book 192, 
Page 33 of the Plat records of Montgomery County, said brass disk found 
being 15.31 feet left of Austin Boulevard Centerline of Construction 
station 225+55.84;
    Thence on the existing centerline of right of way of Austin Pike, 
South 83 degrees 01 minutes 58 seconds West, 670.76 feet to an angle 
point, said angle point being 15.93 feet left of Austin Boulevard 
Centerline of Construction station 218+85.08;
    Thence continuing on the existing centerline of right of way of 
Austin Pike, South 83 degrees 46 minutes 58 seconds West, 160.64 feet 
to an angle point, said angle point being 18.18 feet left of Austin 
Boulevard Centerline of Construction station 217+24.46;
    Thence continuing on the existing centerline of right of way of 
Austin Pike, South 83 degrees 46 minutes 26 seconds West, 373.41 feet 
to an angle point, said angle point being 21.45 feet left of Austin 
Boulevard Centerline of Construction station 213+50.09;
    Thence continuing on the existing centerline of right of way of 
Austin Pike, South 83 degrees 49 minutes 00 seconds West, 745.44 feet 
to an angle point, said angle point being 78.95 feet right of Austin 
Boulevard Centerline of Construction station 206+08.10. Said angle 
point also being the northeast corner of the aforesaid grantor's 57.720 
acre tract;
    Thence South 05 degrees 07 minutes 29 seconds West, 34.93 feet on 
the grantor's east line to an iron pin set on the south line of an 
existing 10 foot DP&L easement as recorded in Deed MF 98-0489B07 & Deed 
MF 00-0735B01, said iron pin being 113.79 feet right of Austin 
Boulevard Centerline of Construction station 206+05.61 and also being 
the true point of beginning for the parcel of land herein described;
    Thence South 05 degrees 07 minutes 29 seconds West, 20.10 feet 
continuing on the grantor's east line to an iron pin set on the 
proposed standard highway easement line, said iron pin being 133.84 
feet right of Austin Boulevard Centerline of Construction station 
206+04.16;

[[Page 16908]]

    Thence South 89 degrees 17 minutes 39 seconds West, 666.38 feet on 
the proposed standard highway easement line to an iron pin set, said 
iron pin being 114.91 feet right of Austin Boulevard Centerline of 
Construction station 199+22.87;
    Thence South 85 degrees 14 minutes 06 seconds West, 150.64 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 110.33 feet right of Austin Boulevard 
Centerline of Construction station 197+69.28;
    Thence South 55 degrees 11 minutes 45 seconds West, 51.14 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 133.78 feet right of Austin Boulevard 
Centerline of Construction station 197+22.85;
    Thence South 84 degrees 57 minutes 40 seconds West, 280.33 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 113.59 feet right of Austin Boulevard 
Centerline of Construction station 194+37.08;
    Thence South 80 degrees 59 minutes 47 seconds West, 412.84 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 125.87 feet right of Austin Boulevard 
Centerline of Construction station 190+42.38;
    Thence North 88 degrees 30 minutes 19 seconds West, 497.87 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 122.42 feet right of Austin Boulevard 
Centerline of Construction station 185+51.78;
    Thence South 84 degrees 42 minutes 42 seconds West, 198.53 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 145.87 feet right of Austin Boulevard 
Centerline of Construction station 183+54.64;
    Thence North 01 degrees 29 minutes 41 seconds East, 20.14 feet 
continuing on the proposed standard highway easement line to an iron 
pin set on the relocated 10 foot easement as recorded in Deed MF 98-
0489B07 & Deed MF 00-0735B01, said iron pin being 125.73 feet right of 
Austin Boulevard Centerline of Construction station 183+54.64;
    Thence North 84 degrees 42 minutes 42 seconds East, 197.34 feet on 
said relocated 10 foot easement to an iron pin set, said iron pin being 
102.42 feet right of Austin Boulevard Centerline of Construction 
station 185+50.59;
    Thence South 88 degrees 30 minutes 19 seconds East, 497.21 feet 
continuing on said relocated 10 foot easement to an iron pin set, said 
iron pin being 105.80 feet right of Austin Boulevard Centerline of 
Construction station 190+41.75;
    Thence North 80 degrees 59 minutes 47 seconds East, 411.70 feet 
continuing on said relocated 10 foot easement to an iron pin set, said 
iron pin being 93.62 feet right of Austin Boulevard Centerline of 
Construction station 194+38.32;
    Thence North 84 degrees 57 minutes 40 seconds East, 275.71 feet 
continuing on said relocated 10 foot easement to an iron pin set, said 
iron pin being 113.55 feet right of Austin Boulevard Centerline of 
Construction station 197+18.39;
    Thence North 55 degrees 11 minutes 45 seconds East, 51.19 feet 
continuing on said relocated 10 foot easement to an iron pin set, said 
iron pin being 90.11 feet right of Austin Boulevard Centerline of 
Construction station 197+64.72;
    Thence North 85 degrees 14 minutes 06 seconds East, 156.71 feet 
continuing on said relocated 10 foot easement to an iron pin set on the 
south line of an existing 10 foot DP&L easement as recorded in Deed MF 
98-0489307 & Deed MF 00-0735301, said iron pin being 94.92 feet right 
of Austin Boulevard Centerline of Construction station 199+23.93;
    Thence North 89 degrees 17 minutes 39 seconds East, 669.13 feet on 
the south line of said existing 10 foot DP&L easement to the true point 
of beginning and containing 1.037 acres, of which 0.000 acres is PRO 
(Present Road Occupied), leaving a net take of 1.037 acres, more or 
less, subject to legal highways and other easements of record.

Parcel 6-SH8

    Situated in the State of Ohio, County of Montgomery, Township of 
Miami, Section 10, Township 2, Range 5, M.Rs., and being a part of a 
16.700 acre tract of land as conveyed to The City of Dayton, Ohio, and 
described in Deed M.F. 74-023D06 and being more particularly described 
as follows:
    Being a parcel lying on the right side of the Centerline of 
Construction of Austin Boulevard as shown on Plat Book 212, Pages 34 
and 34A of the Plat records of Montgomery County and being located 
within the following described points in the boundary thereof:
    Commencing at a brass disk found within a highway monument box 
stamped ``Montgomery County Engineer's Dayton'' located on the existing 
centerline of Right-of-Way of Austin Pike at the southeast corner of 
the Villages of Miami-South, Section Seven, as shown on Plat Book 192, 
Page 33 of the Plat records of Montgomery County, said brass disk found 
being 15.31 feet left of Austin Boulevard Centerline of Construction 
station 225+55.84;
    Thence on the existing centerline of right of way of Austin Pike, 
South 83 degrees 01 minutes 58 seconds West, 670.76 feet to an angle 
point, said angle point being 15.93 feet left of Austin Boulevard 
Centerline of Construction station 218+85.08;
    Thence continuing on the existing centerline of right of way of 
Austin Pike, South 83 degrees 46 minutes 58 seconds West, 160.64 feet 
to an angle point, said angle point being 18.18 feet left of Austin 
Boulevard Centerline of Construction station 217+24.46;
    Thence continuing on the existing centerline of right of way of 
Austin Pike, South 83 degrees 46 minutes 26 seconds West, 373.41 feet 
to an angle point, said angle point being 21.45 feet left of Austin 
Boulevard Centerline of Construction station 213+50.09;
    Thence South 05 degrees 08 minutes 40 seconds West, 113.74 feet on 
the grantor's east line to an iron pin set on the relocated 10 foot 
easement as recorded in Deed MF 98-0489B07 & Deed MF 00-0735B01, said 
iron pin being 90.79 feet right of Austin Boulevard Centerline of 
Construction station 213+32.01 and also being the true point of 
beginning for the parcel of land herein described;
    Thence South 05 degrees 08 minutes 40 seconds West, 20.46 feet 
continuing on the grantor's east line to an iron pin set on the 
proposed standard highway easement line, said iron pin being 111.00 
feet right of Austin Boulevard Centerline of Construction station 
213+28.97;
    Thence South 82 degrees 58 minutes 46 seconds West, 67.21 feet on 
the proposed standard highway easement line to an iron pin set, said 
iron pin being 115.88 feet right of Austin Boulevard Centerline of 
Construction station 212+65.69;
    Thence North 89 degrees 24 minutes 50 seconds West, 664.58 feet 
continuing on the proposed standard highway easement line to an iron 
pin set, said iron pin being 133.76 feet right of Austin Boulevard 
Centerline of Construction station 206+06.95;
    Thence South 89 degrees 17 minutes 39 seconds West, 2.73 feet 
continuing on the proposed standard highway easement line to an iron 
pin set on the grantor's west line, said iron pin being 133.84 feet 
right of Austin Boulevard Centerline of Construction station 206+04.16;
    Thence North 05 degrees 07 minutes 29 seconds East, 20.10 feet on 
the

[[Page 16909]]

grantor's west line to an iron pin set on the south line of an existing 
10 foot DP&L easement as recorded in Deed MF 98-0489B07 & Deed MF 00-
0735B01, said iron pin being 113.79 feet right of Austin Boulevard 
Centerline of Construction station 206+05.61;
    Thence North 89 degrees 17 minutes 39 seconds East, 0.91 feet on 
the south line of said existing 10 foot DP&L easement to an iron pin 
set on the relocated 10 foot easement as recorded in Deed MF 98-0489B07 
& Deed MF 00-0735B01, said iron pin being 113.76 feet right of Austin 
Boulevard Centerline of Construction station 206+06.53;
    Thence South 89 degrees 24 minutes 50 seconds East, 663.48 feet on 
said relocated 10 foot easement to an iron pin set, said iron pin being 
95.84 feet right of Austin Boulevard Centerline of Construction station 
212+65.25;
    Thence North 82 degrees 58 minutes 46 seconds East, 70.20 feet on 
said relocated 10 foot easement to the true point of beginning and 
containing 0.337 acres, of which 0.000 acres is PRO (Present Road 
Occupied), leaving a net take of 0.337 acres, more or less, subject to 
legal highways and other easements of record.

Parcel 6-SH9

    Situated in the State of Ohio, County of Montgomery, Township of 
Miami, Section 10, Township 2, Range 5, M.Rs., and being a part of a 
54.423 acre tract of land as conveyed to The City of Dayton, Ohio, and 
described in Deed M.F. 86-547C10 and being more particularly described 
as follows:
    Being a parcel lying on the right side of the Centerline of 
Construction of Austin Boulevard as shown on Plat Book 212, Pages 34 
and 34A of the Plat records of Montgomery County and being located 
within the following described points in the boundary thereof:
    Commencing at a brass disk found within a highway monument box 
stamped ``Montgomery County Engineer's Dayton'' located on the existing 
centerline of Right-of-Way of Austin Pike at the southeast corner of 
the Villages of Miami-South, Section Seven, as shown on Plat Book 192, 
Page 33 of the Plat records of Montgomery County, said brass disk found 
being 15.31 feet left of Austin Boulevard Centerline of Construction 
station 225+55.84;
    Thence on the existing centerline of right of way of Austin Pike, 
South 83 degrees 01 minutes 58 seconds West, 670.76 feet to an angle 
point, said angle point being 15.93 feet left of Austin Boulevard 
Centerline of Construction station 218+85.08;
    Thence continuing on the existing centerline of right of way of 
Austin Pike, South 83 degrees 46 minutes 58 seconds West, 160.64 feet 
to an angle point, said angle point being 18.18 feet left of Austin 
Boulevard Centerline of Construction station 217+24.46;
    Thence South 06 degrees 58 minutes 02 seconds East, 96.00 feet on a 
line to an iron pin set on the proposed right of way line of Parcel 6-
SH5 to be acquired by ODOT Project MOTCR 166-6.00, PID 78696, as shown 
on the Right-of-Way plans thereof, said iron pin being 77.82 feet right 
of Austin Boulevard Centerline of Construction station 217+24.37 and 
also being the true point of beginning for the parcel of land herein 
described;
    Thence South 06 degrees 58 minutes 02 seconds East, 30.00 feet on 
the proposed standard highway easement line to an iron pin set, said 
iron pin being 107.82 feet right of Austin Boulevard Centerline of 
Construction station 217+24.34;
    Thence South 82 degrees 58 minutes 46 seconds West, 401.54 feet on 
the proposed standard highway easement line to an iron pin set on the 
grantor's west line, said iron pin being 111.00 feet right of Austin 
Boulevard Centerline of Construction station 213+28.97;
    Thence North 05 degrees 08 minutes 40 seconds East, 20.46 feet on 
the grantor's west line to an iron pin set on the relocated 10 foot 
easement as recorded in Deed MF 98-0489B07 & Deed MF 00-0735B01, said 
iron pin being 90.79 feet right of Austin Boulevard Centerline of 
Construction station 213+32.01;
    Thence North 82 degrees 58 minutes 46 seconds East, 377.24 feet on 
said relocated 10 foot easement to an iron pin set on the proposed 
standard highway easement line, said iron pin being 87.82 feet right of 
Austin Boulevard Centerline of Construction station 217+04.36;
    Thence North 06 degrees 58 minutes 02 seconds West, 10.00 feet on 
the proposed standard highway easement line to an iron pin set on said 
Parcel 6-SH5, said iron pin being 77.82 feet right of Austin Boulevard 
Centerline of Construction station 217+04.37;
    Thence North 82. degrees 58 minutes 46 seconds East, 20.00 feet on 
the proposed right of way line of said Parcel 6-SH5 to the true point 
of beginning and containing 0.188 acres, of which 0.000 acres is PRO 
(Present Road Occupied), leaving a net take of 0.188 acres, more or 
less, subject to legal highways and other easements of record.

    Issued in Romulus, Michigan, on March 5, 2010.
    Original signed by:
Joe Hebert,
Acting Manager, Detroit Airports District Office, FAA, Great Lakes 
Region.
[FR Doc. 2010-7079 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-M

