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EXECUTIVE ORDER 10212

TRANSFERRING THE USE, POSSESSION, AND CONTROL OF CERTAIN LANDS AND RIGHTS-OF-WAY IN THE CHEROKEE NATIONAL FOREST FROM THE DEPARTMENT OF AGRICULTURE TO THE TENNESSEE VALLEY AUTHORITY

By virtue of and pursuant to the authority vested in me by section 7(b) of the Tennessee Valley Authority Act of 1933 (48 Stat. 63; 16 U.S.C. 831f(b)), it is ordered that the use, possession, and control of the following-described lands and rights-of-way within the Cherokee National Forest in Polk County, Tennessee, be, and they are hereby, transferred from the United States Department of Agriculture to the Tennessee Valley Authority for the purposes of the Authority as stated in the said act and in accordance with the terms and conditions of the Agreement of Transfer between the Tennessee Valley Authority and the United States Department of Agriculture dated December 4, 1947, and approved by me this date:

I

Five tracts of land located in Polk County, State of Tennessee, between the Apalachia Dam and Powerhouse, described as follows:

T. 1, R. 4 E. Ocoee District

Tract No. AR 164 in secs. 29, 32, and 33

Beginning at a pint, the coordinates of which are N. 291,880 and E. 2,468,264, in the center of Big Hopper Creek and at the northeast corner of the Apalachia Powerhouse Site (Tract No. AR 144) which was transferred from the U.S. Department of Agriculture (Forest Service) to the Tennessee Valley Authority by Executive Order No. 9391 (1)

From the initial point by bearings and distances,

S. 57° 31' E., 3,763 ft. to the north boundary of Tract No. AR 134-T of the Apalachia Tunnel Location;

N. 63° 46' W., with the north boundary of the tunnel location, 2,739 ft. to a point opposite survey station 417 + 50.44 on the center of the tunnel location;

N. 68° 55' W., with the north boundary of the tunnel location, 994 ft. to a point in the east boundary of the Apalachia Powerhouse Site;

N. 25° 00' E., with the east boundary of the powerhouse site, 499 ft. to the point of beginning.

The tract as described contains approximately 18.6 acres.

Tract No. AR 165 in secs. 32 and 33

Beginning at the intersection of the east boundary of the Apalachia Powerhouse Site and the south boundary of the Apalachia Tunnel Location, the coordinates of the said intersection being N. 290,973 and E. 2,467,841.

From the initial point by bearings and distances,

S. 68° 55' E., with the south boundary of the tunnel location, 1,006 ft. to a point opposite survey station 417 + 50.44 on the center of the tunnel location;

S. 63° 46' E., with the south boundary of the tunnel location, 2,184 ft. to the intersection of the south boundary of the Apalachia Tunnel Location and the northwest boundary of the Apalachia Village Site (Tract No. AR 85);

S. 65° 55' W., with the northwest boundary of the village site, 160 ft.;

N. 65° 00' W., 2,633 ft.;

S. 25° 00' W., 1,370 ft.;

N. 65° 00' W., 450 ft.;

N. 25° 00' E., 1,469 ft. to the point of beginning.

The tract as described contains approximately 24.3 acres.

Tract No. AR 135-T in sec. 33

A strip of land 500 ft. wide, lying 250 ft. on each side of the center line of the Apalachia Tunnel Location, the said center line extending from approximate survey station 345 + 03 on the center line at the western terminus of Tract No. AR 136-T of the Apalachia Tunnel Location N. 80° 26' W., 200 ft., more or less, to approximate survey station 347 + 03 at the eastern terminus of Tract No. AR 134-T of the Apalachia Tunnel Location. Tracts Nos. AR 136-T and AR 134-T were transferred from the U.S. Department of Agriculture (Forest Service) to the Tennessee Valley Authority by Executive Order No. 9391.

The tract as described contains approximately 2.3 acres.

F. T. 2 S., R. 5 E., Ocoee District

Tract No. AR 147 in fractional secs. 15 and 16

Beginning at a stone at the southeast corner of sec. 16.

From the initial point by bearings and distances,

N. 66° 20' W., with the south line of sec. 16, 1,102 ft. to the intersection of the south line of sec. 16 and the southeast boundary of Tract No. AR 143-T of the Apalachia Tunnel Location (which was transferred from the U.S. Department of Agriculture (Forest Service) to the Tennessee Valley Authority by Executive Order No. 9391);

N. 66° 31' E., with the southeast boundary of the tunnel location, 1,615 ft.;

S. 55° 36' E., 109 ft. to a stone pile, the coordinates of which are N. 286,353 and E. 2,508,534 on the Tennessee-North Carolina State Line;

S. 4° 56' W., along the state line, 1,228 ft. to the intersection of the state line and the south line of sec. 15;

N. 66° 20' W., along the south line of sec. 15, 497 ft. to the point of beginning.

The tract as described contains approximately 23.5 acres.

Tract No. AR 167 in fractional sec. 16

Beginning at the intersection of the northwest boundary of Tract No. AR 143-T of the Apalachia Tunnel Location and the center of the L. & N. Railroad.

From the initial point,

Northerly with the meanders of the center of the railroad 820 ft., more or less, to a point, the coordinates of which are N. 286,987 and E. 2,507,608;

Leaving the railroad, by bearings and distances,

S. 55° 36' E., 424 ft., passing a 2 in. iron pipe at 53 ft., to the northwest boundary of the Apalachia Tunnel Location;

S. 66° 31' W., with the northwest boundary of the tunnel location, 963 ft. to the point of beginning.

The tract as described contains approximately 3.9 acres.

The positions of corners and directions of lines are referred to the Tennessee State Coordinate System.

II

A right of way for the construction, maintenance, and repair of an access road upon, over, and across the following described strip of land:

T. 1, R. 4 E., F. T. 2 S., R. 5 E. and F. T. 3 S., R. 5 E. Ocoee District

A strip of land 100 ft. wide, lying 50 ft. on each side of the center of the access road to the Apalachia Powerhouse, through secs. 25, 26, 27, 33, 34 and 36, T. 1, R. 4E.; sec. 31, F.T. 2 S., R. 5 E.; and sec. 6, F. T. 3 S., R. 5 E., the center of the strip being described as follows:

Beginning in Ditney Gap at the intersection of the center of the access road to the Apalachia Powerhouse and the boundary of the land of the United States of America under the jurisdiction of the Forest Service, from which USFS Monument 31/6 1929 is located 20 ft. southwesterly along the top of Ditney Ridge.

From the initial point,

Northwesterly with the meanders of the center of the road 0.8 mi., more or less, to Stone Pile Gap at the top of the divide between Bear Branch and Wolf Creek;

Northwesterly with the meanders of the center of the road down the valley of Wolf Creek, crossing the south boundary of Tract No. AR-136-T of the Apalachia Tunnel at 2.7 mi., more or less, and the north boundary of the said tract at 2.8 mi., more or less, a total distance of 3.4 mi., more or less, to a point 150 ft., more or less southeast of the L. & N. Railroad;

Southwesterly with the meanders of the center of the road, along the southeast side of the L. & N. Railroad for the first approximate 0.6 mi., crossing the north boundary of Tract No. AR-136-T of the Apalachia Tunnel at 0.7 mi., more or less, and the south boundary of the said tract at 0.8 mi., more or less, a total distance of 2.2 mi., more or less, to the intersection of the center of the road and the center of a section of road constructed by the Tennessee Valley Authority;

Northerly, westerly, then northerly with the meanders of the center of the said section of road 2.1 mi., more or less, to the intersection of the center of the said section of road and the east boundary of the Apalachia Village Site from which the intersection of the east boundary of the village site and the south boundary of Tract No. AR-134-T of the Apalachia Tunnel bears N. 12° 30' E., 170 ft., more or less. EXCEPT, therefrom, those portions of the described strip lying within the boundaries of Tract No. AR-136-T of the Apalachia Tunnel which was transferred from the U.S. Department of Agriculture (Forest Service) to the Tennessee Valley Authority by Executive Order No. 9391.

The strip as described has a net center line length of approximately 8.3 mi.

III

Rights of way for the construction, maintenance, repair, renewal, and replacement of telephone lines upon, over, across, and under the following described strips of land:

T. 2 S., R. 4 E., Ocoee District

Tract No. 3 OCR 22-TL in secs. 14 and 15

A strip of land 25 ft. wide, lying 12.5 ft. on each side of the center of a telephone line, located in Polk County, State of Tennessee, and extending from the Ocoee No. 3 Dam Site in a northeasterly direction to the Southern Bell Telephone & Telegraph Company's line southwest of U.S. Highway 64, the center of the strip being described as follows:

Beginning at the point of intersection and the center of the telephone line and the east boundary of the Ocoee No. 3 Dam Site (Tract No. 3 OCR 15) which was transferred from the U.S. Department of Agriculture (Forest Service) to the Tennessee Valley Authority by Executive Order No. 9391, from which the northeast corner of sec. 15 bears N. 28° 30' E., 570 ft. (both bearing and distance being approximate).

From the initial point with the center of the telephone line approximately along the following bearings and distances:

S. 63° 30' E., 1,555 ft.;

N. 64° 30' E., 2,840 ft. to the intersection of the centers of the telephone line and the Southern Bell telephone & Telegraph Company's line.

The strip as described contains approximately 2.5 acres.

In addition the right to cut and remove such danger trees located on the adjoining land as may be necessary to safeguard the telephone line constructed on the described land.

The directions of lines are referred to the Tennessee State Coordinate System.

F. T. 2 S., R. 5 E., Ocoee District

Tract No. AR 166-TL in E1/2 fractional sec. 16

Two strips of land each 25 ft. wide, lying 12.5 ft. on each side of the center of a telephone line, located in Polk County, State of Tennessee, the centers of the strips being described as follows:

Beginning at the intersection of the center of the telephone line and the west line of the E ½ sec. 16, from which U.S. Forest Service Monument 323 at the southwest corner of the SE ¼ sec. 16 bears S. 23° W., 90 ft., more or less.

From the initial point with the center of the telephone line approximately along the following bearing and distance:

S. 44° 30' E., 270 ft. to the intersection of the center of the telephone line and the south line of sec. 16, from which the monument at the southwest corner of the SE ¼ sec. 16 bears N. 66° 20' W., 290 ft., more or less.

Beginning at the intersection of the center of the telephone line and the south line of sec. 16, from which the monument at the southwest corner of the SE ¼ sec. 16 bears N. 66° 20' W., 420 ft., more or less.

From the initial pint with the center of the telephone line approximately along the following bearing and distance:

N. 76° 30' E., 1,220 ft. to the intersection of the center of the telephone line and the center of the L. & N. Railroad.

The two strips as described contain approximately 0.9 acre.

In addition the right to cut and remove such danger trees located on the adjoining land as may be necessary to safeguard the telephone line constructed on the described land.

The directions of lines are referred to the Tennessee State Coordinate System.

HARRY S. TRUMAN
THE WHITE HOUSE,
February 6, 1951.