[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16903-16909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7079]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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