Executive Order 10683—Including Certain Lands in the Cherokee National Forest

WHEREAS on July 26, 1955, the Tennessee Valley Authority and the United States Department of Agriculture entered into an agreement (Contract No. TV-14396-A) providing for the transfer by the said Authority to the said Department of the right of possession and all other right, title, and interest which the Authority might have in or to certain lands therein designated and described in Carter County, Tennessee, so that such lands might be included in and reserved as a part of the Cherokee National Forest, in accordance with the terms and conditions of the said agreement and subject to the approval required by section 4 (k) (c) of the Tennessee Valley Authority Act of 1933, as amended by the act of July 18, 1941 (55 Stat. 599); and

WHEREAS on March 7, 1956, the said agreement between the Tennessee Valley Authority and the United States Department of Agriculture was approved by the Director of the Bureau of the Budget pursuant to the provisions of section 4 (k) (c) of the Tennessee Valley Authority Act of 1933, as amended, and of section 1 (h) of Executive Order No. 10530 of May 10, 1954; and

WHEREAS it appears that such lands are suitable for national-forest purposes and that the inclusion of such lands in the Cherokee National Forest would be in the public interest:

NOW, THEREFORE, by virtue of the authority vested in me by section 24 of the act of March 3, 1891, 26 Stat. 1103, and the act of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 471, 473), and as President of the United States, and upon the recommendation of the Secretary of Agriculture, I hereby include in and reserve as a part of the Cherokee National Forest the following-described lands, such inclusion and reservation to be in accordance with and subject to the terms and conditions of the said agreement of July 26, 1955, between the Tennessee Valley Authority and the United States Department of Agriculture:

Certain land lying in the 18th Civil District of Carter County, State of Tennessee on the shores of Wilbur Lake, which land is designated as Parcels Nos. 1, 2, 3, and 4.

PARCEL No. 1

A parcel of land lying on the north shore of Wilbur Lake at Wilbur Dam and described as follows:

Beginning at a metal marker (Coordinates: N. 734.353; E. 3,141,461) in the US-TVA Purchase Boundary at a corner of the lands of Ralph B. Nave et ux and the Luther A. Loveless (Bowers) Heirs.

From the initial point,

With the US-TVA Purchase Boundary, S. 52° 49' E., 230 feet to a metal marker; S. 42° 13' E., 619 feet to a poplar stump and metal marker; S. 2° 10' W., 122 feet to a metal marker; S. 3° 37' W., 355 feet to a metal marker; S. 3° 37' W., 79 feet to a black gum tree; S. 34° 18' W., 610 feet to a hacked 16-inch double red oak tree and a metal marker; S. 60° 49' W., 983 feet to a point in the 1,665-foot contour; Leaving the US-TVA Purchase Boundary, S. 80° 49' W., 15 feet, more or less, to a point in the 1,655-foot contour on the north shore of Wilbur Lake;

With the said contour as it meanders in a westerly direction approximately 70 feet to a point (Coordinates: N. 732,211 E. 3,140,744);

Leaving the contour,

N. 50° 21' E., 275 feet to a metal marker; N. 15° 47' W., 720 feet to a metal marker; N. 76° 20' W., 274 feet to a metal marker; N. 59° 04' E., 503 feet to a metal marker; N. 21° 59' W., 822 feet to a metal marker in the US-TVA Purchase Boundary;

With the US-TVA Purchase Boundary, N. 64° 14' E., 182 feet to a metal marker; N. 64° 04' E., 673 feet to the point of beginning.

The above described Parcel No. 1 contains 43.8 acres, more or less.

PARCEL No. 2

A parcel of land lying on the east shores of Wilbur Lake approximately 1/2 mile east of Wilbur Dam and described as follows:

Beginning at U. S. P. S. Corner No. 3 (Coordinates: N. 730,650; E. 8,143,336), in the US-TVA Purchase Boundary at a corner of the land of the United States of America in custody of the Forest Service and the land of I. J. Estep.

From the initial point,

With the US-TVA Purchase Boundary, N. 16° 20' W., 44 feet to a metal marker;

Leaving the US-TVA Purchase Boundary, N. 16° 20' W., 60 feet to a point in the center line of the access highway to Watauga Dam; N. 16° 20' W., 48 feet to a metal marker in the 1,655-foot contour on the shore of Wilbur Lake;

With the said contour as it meanders in a general northerly direction and subsequently in a westerly direction to a point;

Leaving the contour,

N. 60° 49' E.. 15 feet, more or less, to a point (Coordinates: N. 732,217; E. 3,140,828) in the 1,665-foot contour and in the US-TVA Purchase Boundary;

With the US-TVA Purchase Boundary and with the 1,665-foot contour as it meanders in an easterly direction to a point;

Leaving the contour,

N. 52' 35' E., 75 feet to U. S. F. S. Corner No. 98; S. 86° 05' E., 340 feet; N. 67° 36' E., 284 feet; 13. 65° 33' E., 294 feet; S. 45° 35' E., 398 feet; S. 1° 12' W., 400 feet; S. 1° 42' E., 400 feet; S. 54° 47' W., 260 feet; S. 57' 54' W., 130 feet; S. 36° 20' W., 100 feet; S. 24' 56' E.. 230 feet; N. 60° 29' W., 170 feet to a stone; S. 71° 28' W., 264 feet; S. 83° 32' W., 281 feet to the point of beginning.

The above described Parcel No. 2 contains 9.3 acres, more or less.

PARCEL No. 3

A parcel of land lying on the inside of a bend in Wilbur Lake immediately southeast of Wilbur Dam and described as follows:

Beginning at an 18-inch white pine tree (U. S. F. 8. Corner No. 5.—Coordinates: N. 731,578; E. 3,140,930) in the US-TVA Purchase Boundary.

From the initial point,

S. 77° 14' E., 490 feet to a metal marker; N. 6° 56' E., 100 feet to a metal marker; N. 83• 34' E., 798 feet to a metal marker in the US-TVA Purchase Boundary;

With the US-TVA Purchase Boundary,

8. 5° 51' E., 88 feet to a stone pile and a metal marker; N. 82° 43' E., 148 feet to a metal marker; N. 5° 36' W., 88 feet to a metal marker; Leaving the US-TVA Purchase Boundary. N. 83° 09' E., 673 feet to a metal marker; S. 88° 21' B., 177 feet to a metal marker; 8. 69° 02' B., 182 feet to a metal marker; 8. 40' 01' E., 120 feet to a metal marker; S. 15° 32' E., 182 feet to a metal marker; 8. 2° 27' W., 82 feet to a metal marker; S. 19* 14' W., 183 feet, passing a metal marker in the 1,885-foot contour at 162 feet, to a point in the 1,655-foot contour on the north shore of Wilbur Lake;

With the 1,655-foot contour as it meanders in a westerly direction to a point;

Leaving the contour, N. 40° 00' W., 40 feet to U. S. P. 8. Corner No. 2A in the US-TVA Purchase Boundary, With the US-TVA Purchase Boundary, N. 25° 57' W., 1,072 feet to the point of beginning.

Except therefrom 0.2 acre, more or less, owned by the Freewill Baptist Church and Cemetery, the said 0.2 acre being described as follows:

Beginning at a metal marker (Coordinates: N. 731,355; E. 3,142,796) in the US-TVA Purchase Boundary;

From the initial point,

With the U8-TVA Purchase Boundary, N. 120 29' W., 26 feet to a metal marker; N. 52° 19' E., 111 feet to a stone and a metal marker; B. 80° 37' E., 87 feet to a metal marker; S. 10° 54' W., 58 feet to a metal marker; 8. 82° 05' W., 159 feet to the point of beginning for the exception.

The above described Parcel No. 3, after giving effect to the exception above noted, contains 81.9 acres, more or less.

PARCEL. No. 4

A parcel of land lying on the left side of the Watauga River at Wilbur Dam and described as follows:

Beginning at an 18-inch white pine tree (U. S. F. S. Corner No. 5—Coordinates: N. 731,578; E. 3,140,930) in the US-TVA Purchase Boundary.

From the initial point,

With the US-TVA Purchase Boundary, N. 83° 19' W., 972 feet to a 6-inch elm tree; S. '76° 59' W., 460 feet to an 18-inch hemlock tree; N. 88° 08' W., 710 feet, passing a metal marker at 1 foot, to a fallen 6-inch dogwood tree and a metal marker; N. 5° 51' W., 441 feet to a metal marker; N. 63° 24' E., 549 feet to a metal marker; Leaving the US-TVA Purchase Boundary, S. 58° 12' E., 732 feet to a metal marker; S. 67° 48' E., 529 feet to a metal marker; S. 76° 53' E., 580 feet to the point of beginning.

The above described Parcel No. 4 contains 15.2 acres, more or less.

All of the above described land comprising four parcels contains a net total of 100 acres more or less.

Without limitation of or by any of the terms, provisions, conditions, covenants, exceptions, or reservations of the above-mentioned agreement between the Tennessee Valley Authority and the Department of Agriculture, the interests transferred to the Department of Agriculture in the above described lands are transferred subject to the following rights, the full possession, custody, and control of which were expressly retained by TVA, for itself, its successors and assigns under the terms of the above mentioned agreement:

(1) A perpetual easement and right of way, consisting of the right, at any time and from time to time, to construct, operate, maintain, repair, rebuild, and replace one or more transmission lines and appurtenances upon, over, across and under the following described strips of land which lie within Parcels 1, 2, 3, and 4, including the right to clear said strip and keep the same cleared, and to cut danger trees outside said strip:

(a) A strip of land 100 feet wide, lying 50 feet on each side of the center line of the Watauga Hydro-North Bristol transmission line, the center line extending on a bearing of N. 23° 40' W. through a point at or near the intersection of the two courses identified in the above metes and bounds description of Parcel No. 1 as having the bearings and distances of N. 76° 20' W., 274 feet and N. 59° 04' E., 503 feet.

(b) A strip of land lying on each side of the center line of the Wilbur Dam-Butler transmission line, said strip being of such width as may be necessary to insure the safe operation of the said transmission line, the center line of the strip being described as follows: Beginning at a point in the center line of the transmission line N. 6° 56' E., approximately 30 feet from the south end of that course identified in the above metes and bounds description of Parcel No. 3 by a bearing and distance of N. 8° 56' E., 100 feet; thence with the center line of the transmission line in an easterly direction approximately 2100 feet to a point where the center line crosses that course identified in the above metes and bounds description of Parcel No. 3 by a bearing and distance of S. 19° 14' W., 183 feet; thence continuing in a southeasterly direction, crossing Wilbur Lake, to a point where the center line crosses that course identified in the above metes and bounds description of Parcel No. 2 by a bearing and distance of S. 36° 20' W., 100 feet, said point being N. 36° 20' E.. approximately 25 feet from the southwest end of the said course.

(c) A strip of land 100 feet wide, lying 50 feet on each side of the center line of the Watauga Hydro-Wilbur Hydro transmission line, the center line of the strip being described as follows: Beginning at a point in the center line of the transmission line S. 50° 21' W., approximately 100 feet from the northeast end of that course identified in the above metes and bounds description of Parcel No. 1 by a bearing and distance of N. 50° 21' E., 275 feet; thence with the center line of the transmission line S. 23° 40' E., to a point where the center line crosses the 1655-foot contour and the south boundary line of Parcel No. 3, said point being approximately 240 feet northeast of the most southerly corner of Parcel No. 3.

(d) A strip of land 100 feet wide, lying 50 feet on each side of the center line of the Watauga Hydro-Elizabethton transmission line, the center line of the strip being described as follows: Beginning at a point in the center line of the transmission line S. 5° 51' E., 60 feet from the north end of that course identified in the above metes and bounds description of Parcel No. 4 by a bearing and distance of N. 5° 51' W., 441 feet; thence with the center line of the transmission line S. 87' 36' E., 527 feet to a point; thence S. 59° 34' E., 2259 feet to a point; thence S. 33° 01' E. to a point in the 1655 foot contour on the shore of Wilbur Lake at or near the most southerly corner of Parcel No. 3.

(e) A strip of land lying on each side of the center line of a transmission line location, the said strip being of such width as may be necessary to insure the safe operation of the transmission line, the center line of the said strip being described as follows: Beginning at a point in the center line of the transmission line location and S. 58° 12' E., 170 feet, more or less, from the northwest end of that course identified in the above metes and bounds description for Parcel No. 4 by a bearing and distance of S. 58° 12' E., 732 feet; thence with the center line of the transmission line location approximately S. 82° W., 470 feet to a point in the boundary of the said Parcel No. 4.

(2) A perpetual easement and right of way, consisting of the right to construct, operate, maintain, repair, rebuild, and replace with an existing electric power distribution line and appurtenances upon, over, across, and under a strip of land of necessary width to insure safe operation of the electric power distribution line, the center line of the said strip being described as follows: Beginning at a point in the center line of the existing distribution line and S. 15° 47' E., 80 feet, more or less, from the north end of that course identified in the above metes and bounds description for Parcel No. 1 by a bearing and distance of N. 15° 47' W., 720 feet; thence with the center line of the existing power distribution line approximately N. 35° E., 490 feet to a point; together with the right to clear said strip and keep it cleared and the right to install and maintain anchors and to cut and remove danger trees outside said strip.

The positions of corners and directions of line are referred to the Tennessee Coordinate System. The contour elevation is based on MSL Datum as established by the USC&GS Southeastern Supplementary Adjustment of 1936.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

October 26, 1956.