ML22071A001

TVA: Modification of Acquired Flowage Easement Rights (EIS Reference for Kairos Hermes CP Application)

ML22071A001
Person / Time
Site:	Hermes
Issue date:	09/29/2017
From:	Finn C Tennessee Valley Authority, US Dept of Energy (DOE)
To:	Office of Nuclear Material Safety and Safeguards
Dozier T
References
Download: ML22071A001 (15)

Text

BK/PG: 1626/802-816 17006473 15 PGS:AL-EASEMENT Prepared by:

= DENISE BATCH. 134080 09/29/2017 - 02 55 PM 0 00 VALUE Tennessee Valley Authority

-- MORTGAGE TAX TRANSFER TAX RECORDING FEE 0.00 0.00 75.00 0.00 ARCHIVE FEE 1101 Market Street, BR 4B DP FEE 2.00 i iiiiiiiii,;i REGISTER'S FEE 0.00 Chattanooga, Tennessee 37402-2801 7700 TOTAL AMOUNT Telephone: 1-888-817-5201 STATE OF TENNESSEE, ROANE COUNTY SHARON BRACKETT REGISTER OF DEEDS TVA TRACT NOS. WBR-1047F, S.1X, WBR-1048F, S.1X, WBR-1049F, S.1X, WBR-1052F, S.1X, WBR-1056F, S 1X, WBR-1057F, S.1 X and WBR-1058F, S.1X MODIFICATION OF ACQUIRED FLOWAGE EASEMENT RIGHTS THIS INSTRUMENT, made and entered into as of the 2 &'j/t. day of Sep/eA.fer , 2017, by and between the UNITED STATES OF AMERICA (sometimes hereinafter referred to as "USA"), acting by and through its authorized agent, the TENNESSEE VALLEY AUTHORITY (sometimes hereinafter referred to as "TVA"), an executive branch corporate agency and instrumentality of the United States of America created by the Tennessee Valley Authority Act of 1933, as amended, and the UNITED STATES OF AMERICA, acting by and through the Department of Energy (DOE) under and pursuant to the powers and authority contained in Section 161 g of the Atomic Energy Act of 1954, as amended (42 U.S C Section 2011, et seq.) ("Landowner").

WI T N E S S ETH:

WHEREAS, USA acquired in the custody of TVA certain flowage easement rights to several tracts of land designated in the TVA land records as TVA Tract Nos. WBR-1047F, WBR-1048F, and WBR-1049F, by virtue of a Grant of Easements dated May 8, 1941, of record in Deed Book S-5, page 175, and TVA Tract Nos. WBR-1052F, WBR-1056F, WBR-1057F and WBR-1058F, by virtue of a Grant of Flowage Easement dated May 22, 1941, of record in Deed Book S-5, page 332; both in the office of the Register for Roane County, Tennessee; and WHEREAS, by virtue of said grant the USA acquired in the custody of TVA the following permanent rights and easements on and over said land: (1) the right to overflow, flood, and/or cover the land with the flood, slack, or backwater created by the erection and operation of the Watts Bar Dam across the Tennessee River; (2) the right to enter upon said land and do such clearance, drainage, and other work on said land as in the discretion of USA may be necessary to carry out an adequate program for malaria control, including the maintenance of necessary patrols and application of larvicides; and (3) the right to remove and keep removed from said land all buildings and structures except fences and to restrict the use of said land to agricultural purposes.

WHEREAS, Landowner claims present ownership, of the underlying fee simple interest in and to a portion of the land affected by TVA Tract Nos. WBR-1047F, WBR-1048F and WBR-1049F, by virtue of a Judgment On Declaration Of Taking No. 33, entered on January 1, 1944, in the United States District Court, Eastern District, Northern Division, State of Tennessee, Civil Action No_ 429, styled United States of America v. 56,200 acres of land in Roane and Anderson Counties, Tennessee and Ed C Browder, et al., of record in Deed Book A-6, page 456 and TVA Tract Nos. WBR-1052F, WBR-1056F, WBR-1057F and WBR-1058F, by virtue of a Judgment On Declaration Of Taking No. 19, entered on February 23, 1943, in the United States District Court, Eastern District, Northern Division, State of Tennessee, Civil Action No. 429, styled United States of America v 56,200 acres of land, more or less, situated in Roane Book 1625 Page 802

and Anderson Counties, Tennessee, and Ed C. Browder, et al, both in the office of the Register of Roane Coun~,Tennessee;and WHEREAS, Landowner and TVA have entered into a Memorandum of Understanding dated September 28, 2017 (MOU) wherein Landowner and TVA have committed to providing certain real property rights to each other, including, among other things, the USA, acting through TVA, to partially abandon easement right (1) and fully abandon easement rights (2) and (3) referenced above insofar as they affect said TVA Tract Nos. WBR-1047F, WBR-1048F, WBR-1049F, WBR-1052F, WBR-1056F, WBR-1057F and WBR-1058F as described in Exhibit A, which is attached hereto and made a part hereof (the "Modification Area"), the USA, acting through TVA, to abandon certain easement rights affecting TVA Tract No. WBR-1076C, Landowner to transfer the possession and control of certain flowage easement rights affecting TVA Tract No. WBR-1076C to TVA, and for Landowner to transfer possession and control of certain transmission line easement rights and permanent rights-of-way to TVA; and WHEREAS, TVA's Chief Executive Officer, as designee of the TVA Board of Directors, has declared that neither the USA nor TVA has any further need for nor any intention of making any further use of the easement rights referenced above insofar as they affect the Modification Area.

NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, with the recitals above specifically incorporated by reference herein, (A) the USA, acting through TVA, does hereby declare that it has abandoned all present use of and does hereby waive, abandon, and extinguish the following specific easement rights in the custody of TVA affecting TVA Tract Nos. WBR-1047F, WBR-1048F, WBR-1049F, WBR-1052F, WBR-1056F, WBR-1057F and WBR-1058F: 1) (identified as easement right 2 above) the right to enter upon said land and do such clearance, drainage, and other work on said land as in the discretion of USA may be necessary to carry out an adequate program for malaria control, including the maintenance of necessary patrols and application of larvicides; and 2) (identified as easement right 3 above) the right to remove and keep removed from said land all buildings and structures except fences and to restrict the use of said land to agricultural purposes; only insofar as such easement rights pertain to the Modification Area; and (B) the USA, acting through TVA, does hereby declare that it has partially abandoned all present use of and does hereby partially waive, abandon, and extinguish the following specific easement rights in the custody of TVA affecting TVA Tract Nos. WBR-1047F, WBR-1048F, WBR-1049F, WBR-1052F, WBR-1056F, WBR-1057F and WBR-1058F: 1) (identified as easement right 1 above) the right to overflow, flood, and/or cover the land with the flood, slack, or backwater created by the erection and operation of the Watts Bar Dam across the Tennessee River; The USA for itself and for the benefit of TVA specifically retain easement right (1) to the following extent: the right to permanently flood any portion of TVA Tract No. WBR-1047F lying below the 745.0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1047F lying below the 751.5-foot msl contour elevation, including those areas which have been filled to or above the 751.5-foot msl contour elevation; the right to permanently flood any portion of TVA Tract No. WBR-1048F lying below the 745.0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1048F lying below the 754.1-foot msl contour elevation, including those areas which have been filled to or above the 754. 1-foot msl contour elevation; the right to permanently flood any portion of TVA Tract No. WBR-1049F lying below the 745.0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1049F lying below the 751.9-foot msl contour elevation, including those areas which have been filled to or above the 751.9-foot msl contour elevation; the right to permanently flood any portion of TVA Tract No. WBR-1052F lying below the 745. 0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1052F lying below the 751.5-foot msl contour elevation, including those areas which have been filled to or above the 751.5-foot msl contour elevation; Book 1625 Page 803

the right to permanently flood any portion of TVA Tract No. WBR-1056F lying below the 745. 0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1056F lying below the 751.6-foot msl contour elevation, including those areas which have been filled to or above the 751.6-foot msl contour elevation; the right to permanently flood any portion of TVA Tract No. WBR-1057F lying below the 745.0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1057F lying below the 751 8-foot msl contour elevation, including those areas which have been filled to or above the 751.8-foot msl contour elevation; and the right to permanently flood any portion of TVA Tract No. WBR-1058F lying below the 745. 0-foot msl contour elevation, including those areas which have been filled to or above the 745.0-foot msl contour elevation and the right to temporarily and intermittently flood any portion of TVA Tract No. WBR-1058F lying below the 752.7-foot msl contour elevation, including those areas which have been filled to or above the 752. ?-foot msl contour elevation; and Landowner, for itself, its successors, and assigns, covenants and agrees that neither the USA nor TVA shall be responsible for any damages incurred as a result thereof It is a condition of this instrument that all of the rights, reservations, restrictions, covenants, and conditions of the instrument of conveyance of flowage easement rights first above referenced shall be and remain in full force and effect except as specifically provided herein.

In the event DOE does not complete its commitment to transfer to TVA the custody of certain land rights as are necessary for TVA to operate its transmission facilities as provided in the MOU, TVA reserves the right to exercise any or all of the easement rights modified herein as if this Modification had never been made. Upon any partial or full completion of DOE's commitment in the MOU, TVA shall provide to DOE written acknowledgment of its partial or full completion of the commitment and, if requested by DOE, shall prepare and record a document acknowledging such partial or full completion.

Landowner, by joining in the execution hereof, hereby covenants and agrees on behalf of itself, and its successors and assign's, that the following shall constitute real covenants which shall attach to and run with the Modification Area, and which shall also be binding upon anyone who may hereafter come into ownership thereof, whether by purchase, devise, descent, or succession:

1. To the extent legally able to do so, Landowner hereby covenants and agrees to indemnify the USA and TVA and their respective agents, servants, and employees against and save them harmless from all claims, damages, demands, actions, costs, and charges to which they or either of them may be subject or which they or either of them may have to pay by reason of any injury to any person or property, or loss of life or property suffered or sustained by any person whomsoever, resulting from or in any way connected with the condition or use of the Modification Area, including any means of ingress thereto or egress therefrom, except liability for personal injuries, property damage, or loss of life or property caused by the sole negligence of the USA or TVA It is understood and agreed that the hold harmless but not the indemnity obligation of Landowner in the preceding sentence shall apply as between DOE and TVA.

2. The USA and TVA do not warrant or represent that the land affected by TVA Tract Nos WBR-1047F, WBR-1048F, WBR-1049F, WBR-1052F, WBR-1056F, WBR-1057F and WBR-1058F is safe, healthful, or suitable for the purpose for which it is permitted to be used under the provisions hereof or free from flooding, and Landowner hereby covenants and agrees for itself, its successors, and assigns, that the use and maintenance of this property and any improvements placed thereon are at their sole risk.

3. Landowner further covenants and agrees for itself, its successors, and assigns, that they shall not place, build, or maintain any structures or facilities including fill below:

elevation 751.5-foot msl for TVA Tract No. WBR-1047F; elevation 754.1-foot msl for TVA Tract No. WBR-1048F; elevation 751.9-foot msl for TVA Tract No. WBR-1049F; elevation 751.5-foot msl for TVA Tract No WBR-1052F; elevation 751.6-foot msl for 3

Book 1625 Page 804

TVA Tract No. WBR-1056F; elevation 751.8-foot msl for TVA Tract No. WBR-1057F; and elevation 752.7-foot msl for TVA Tract No. WBR-1058F; without first obtaining TVA written approval of plans for such structure or facility, as required under Section 26a of the Tennessee Valley Authority Act of 1933, as amended, and in accordance with established procedures. Nothing in this instrument shall be construed as constituting or evidencing such approval by TVA All structures, facilities, and/or equipment subject to flood damage must be located at or floodproofed; to elevation 751.5-foot msl for TVA Tract No. WBR-1047F; to elevation 754.1-foot msl for TVA Tract No. WBR-1048F; to elevation 751.9-foot msl for TVA Tract No. WBR-1049F; to elevation 751.5-foot msl for TVA Tract No. WBR-1052F; to elevation 751.6-foot msl for TVA Tract No. WBR-1056F; to elevation 751.8-foot msl for TVA Tract No. WBR-1057F; and to elevation 752.7-foot msl for TVA Tract No. WBR-1058F.

It is the intention of TVA and DOE that the flowage easement rights, as modified herein, shall remain in the custody of TVA and shall not merge with the fee simple interest in the Modification Area held in the custody of DOE. In the event that DOE transfers or conveys the fee simple interest in the Modification Area, such instrument of transfer or conveyance shall expressly state that it is subject to the flowage easement rights held in the custody of TVA 4

Book 1625 Page 805

IN WITNESS WHEREOF, UNITED STATES OF AMERICA, acting by 9,ndJJi1rough the Depa,rtmint of Energy, as Landowner, has caused this instrument to be executed this 0

J.. /

• day of Se1:>+em 12.,

_ _ _ _ _ _ _ _ _ _ , 2017, and the TENNESSEE VALLEY AUTHORITY, acting herein as legal agent of the UNITED STATES OF AMERICA, and being duly authorized to do so, has caused this instrument to be executed, by its authorized officer as of the date first above written.

UNITED STATES OF AMERICA By D;3ar;ment of Ener:; . ,

~ J3.

Cindy B. .

'l:1i~

Real Estate Contracting Officer STATE OF TENNESSEE )

) ss COUNTY OF ANDERSON )

Before me personally appeared CINDY B. FINN, known to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she is the Real Estate Contracting Officer of the UNITED STATES DEPARTMENT OF ENERGY and as the authorized representative of the UNITED STATES DEPARTMENT OF ENERGY, executed and delivered the same as their free act and deed on the day and year therein mentioned.

WITNESS my hand and seal of office this ~ l\\"h day of ~,Sipkmbi"" , 2017 NOTARY PUBLIC My Commission Expires: l) I~ !S / ~

5 Book 1625 Page 806

UNITED STATES OF AMERICA By TENNE SEE VALLEY AUT ORITY, its legal ent Senior Manager Realty Services and GIS STATE OF TENNESSEE )

) ss COUNTY OF HAMILTON )

-tl *,

On the .1.i.:_ day of <4p'f<.n-,bo1,, , 2017, before me appeared AARON B. NIX to me personally known, who, being by me ~uly sworn, did say that he is the Senior Manager, Realty Services and GIS of the TENNESSEE VALLEY AUTHORITY, a corporation, and that said instrument was signed, and delivered on behalf of said corporation, by authority of its Board of Directors, and as legal agent for the UNITED STATES OF AMERICA; and said AARON B. NIX acknowledged said instrument to be the free act and deed of the UNITED STATES OF AMERICA, as principal, and the TENNESSEE VALLEY AUTHORITY, as its agent.

WITNESS my hand and official seal of office in Chattanooga, Tennessee, on the day and year aforesaid.

NOTARY PUBLIC My commission expires: '+ /, 1/ ZtJ LI 6

Book 1625 Page 807

The names and addresses of the authorized representatives of the owner of the aforedescribed land are:

FEE OWNER: Department of Energy c/o Real Estate Contracting Officer Post Office Box 2001 Oak Ridge, Tennessee 37831 USA/TVA: United States of America Tennessee Valley Authority c/o Realty Services and GIS 1101 Market Street, BR 4B Chattanooga, Tennessee 37402-2801 7

Book 1625 Page 808

AFFIDAVIT OF VALUE STATE OF TENNESSEE )

) ss COUNTY OF ROANE )

The undersigned hereby offers this instrument for recording within the meaning of the statutes of the State of Tennessee under Tennessee Code Annotated, Section 67-5-203(a)(1 ), and hereby swears and affirms that the actual consideration for this modification is TAX EXEMPT, which amount is equal to or greater than the amount which the rights conveyed would command at a fair and voluntary sale.

T Affiant Sworn to and subscribed before me this ~'1\h day of ..5tpkmb!r , 2017.

d'.ku. ~

My Commission Expires:_l_'J._/:?_t_/_;t,-"----

8 Book 1625 Page 809

TVA Tract Nos. WBR-1047F, S.1X, WBR-1048F,S.1X WBR-1049F, S.1X, WBR-1052, S.1X WBR-1056F, S.1X, WBR-1057F, S.1X and WBR-1058, S.1X EXHIBIT A WATTS BAR RESERVOIR WBR-1047F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately downstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a 10 inch red oak tree, (Coordinates: N. 568,188; E. 2,472,872), in a fence line, a corner of the lands of Lottie G. Shelton, and W. H. Browder, et ux; thence S. 26° 34' E., 2509 feet to a point; thence S. 14° 16' W., 958 feet to a point; thence S. 82° 07' W., 561 feet to a point; thence N. 83° 26' W., 795 feet to a point, thence N. 17° 35' E., 212 feet to a point; thence S. 76° 30' W., 317 feet to a point; thence S. 30° 15' W., 544 feet to a point; thence S. 83° 43' W.,

230 feet to a point, the said point being the point of beginning; thence with a severance line S.

83° 43' W., 355 feet to a point; thence S. 26° 37' E., 705 feet to a point; thence N. 55° 00' W.,

300 feet to a point; thence N. 18° 00' W., 385 feet to a point; thence N. 54° 00' W., 555 feet (bearing and distance both approximate) to a point; thence N. 40° 00' W., 440 feet to a point; thence N. 62° 30° E., 280 feet to a point ( Coordinates: N. 565,318; E. 2,470,766) ; thence S.

65° 00' E., approximately 675 feet to a point; thence S. 13° 00' W., approximately 275 feet to a point; thence S. 73° 00' E., 360 feet to the point of beginning, and containing 10.0 acres, more or less.

The coordinates and bearings given in the above descriptions are for the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The region for this coordinate system is at Latitude 34° 40° N., and Longitude 86° 00'

W, and has been assigned a value of x 2000,000 feet and y 100,000 feet.

9 Book 1625 Page 810

continued EXHIBIT A (page 2)

WATTS BAR RESERVOIR WBR-1048F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately downstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a 10 inch red oak tree (Coordinates: N. 568,188; E. 2,472,872) in a fence line, a corner of the lands of Lottie G. Shelton, and W. H. Browder, et Lix; thence, S. 26° 34' E., 2509 feet to a point; thence S. 14° 16' W., 958 feet to a point; thence S. 82° 07' W., 561 feet to a point; thence N. 83° 26' W., 710 feet to a point, the said point being the point of beginning; Thence with a severance line N. 83° 26' W., 85 feet to a point; thence N. 17° 35' E., 212 feet to a point; thence S. 76° 30' W., 317 feet to a point; thence N. 55° 00' E., 410 feet to a point; thence N. 24° 00' E., 575 feet to a point; thence N. 68° 00' W., 350 feet to a point; thence N. 44° 00' W., 280 feet to a point; thence N. 82° 00' W., 580 feet to a point; thence N. 15° 00' W., 225 feet to a point; thence N. 20° 00' E., 315 feet to a point; thence N. 48° 00' E., 330 feet to a point; thence N. 6° 00' E., 740 feet to a point; thence N. 50° 00' E., 210 feet to a point; thence S. 20° 00' E., approximately 600 feet to a point; thence S. 49° 00' W., approximately 685 feet to a point; thence S. 4° 00' E., 235 feet to a point; thence S. 81° 00' E., 365 feet to a point; thence S.

22° 00' W., 140 feet to a point; thence S. 56° 00' E., 61 O feet to a point; thence S. 21 ° 00' E.,

550 feet to a point; thence S. 43° 00' W., 590 feet to a point; thence S. 2° 00' W., 170 feet to the point of beginning, and containing 19.4 acres, more or less.

The coordinates and bearings given in the above descriptions are for the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The region for this coordinate system is at Latitude 34 ° 40° N., and Longitude 86° 00' W, and has been assigned a value of x = 2000,000 feet and y = 100,000 feet.

10 Book 1625 Page 811

continued EXHIBIT A (page 3)

WATTS BAR RESERVOIR WBR-1049F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately downstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a 10inch red oak tree (Coordinates: N. 568,188; E. 2,472,872) in a fence line, a corner of the lands of Lottie G. Shelton, and W. H. Browder, et ux; thence S. 26° 34' E., 2239 feet to a point; the said point being the point of beginning; thence with a severance line S. 26° 34' E., 270 feet to a point; thence S. 14° 16' W., 958 feet to a point; thence S. 82° 07' W., 561 feet to a point; thence N. 83° 26' W, 160 feet to a point; thence N. 64° 00' E., 235 feet to a point; thence N. 88° 00' E., 350 feet to a point; thence N. 33° 00' E., 430 feet (bearing and distance both approximate) to the point; thence N. 33° 00' W., 290 feet to a point; thence N. 21 ° 00' E, 535 feet to the point of beginning, and containing 5.1 acres, more or less.

The coordinates and bearings given in the above descriptions are for the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The region for this coordinate system is at Latitude 34° 40° N., and Longitude 86° 00' W, and has been assigned a value of x = 2000,000 feet and y = 100,000 feet.

11 Book 1625 Page 812

continued EXHIBIT A (page 4)

WATTS BAR RESERVOIR WBR-1052F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately upstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a 14 inch white oak tree, a corner of the lands of Mrs. Martha L. Gallaher, and Robert L. Gallaher; thence with the common boundary line between the lands of Mrs. Martha L.

Gallaher, and Robert L. Gallaher, S. 83° 00' E., 115 feet to a point; thence leaving the said common boundary line, S. 79° 56' W., 532 feet to a point; thence N. 54° 45' W., 626 feet to a point; the said point being the point of beginning; thence with a severance line S. 62° 00' W., approximately 590 feet to a point; thence S. 20° 00' E., approximately 300 feet to a point; thence S. 83° 00' E., 430 feet to a point; thence S. 4° 00' W, 200 feet to a point; thence N. 65° 38' W., 907 feet to a point; thence N. 53° 45' E., 856 feet to a point; thence S. 64° 45' E., 150 feet to the point of beginning, and containing 4.3 acres, more or less.

The bearings given in the above description are for the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The central meridian for this coordinate system is located at Longitude 86° 00' W.

12 Book 1625 Page 813

continued EXHIBIT A (page 5)

WATTS BAR RESERVOIR WBR-1056F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately upstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a gum stump at an angle in the common boundary line between the lands of the J. M. Robinette Heirs, and Robert L. Gallaher; thence N. 58° 04' W., 735 feet to a point on the east side of a county road; thence along the road S. 26° 05' W., 1656 feet to a point, thence, leaving the road, S. 41 ° 32' E., 492 feet to a point; thence S. 10° 16' W., 151 feet to a point; thence N. 60° 20' W., 471 feet to a point; thence S. 84° 44' W., 240 feet to a point at a county road; thence S. 72° 24' W., 327 feet to a point, thence S. 85° 28' W., 165 feet to a point, thence N. 66° 48' W., 99 feet to a point; thence S. 79° 42' W., 78 feet to a point; thence N. 49° 03' W., 220 feet to a point; thence N. 22° 13' E., 696 feet to a point; thence N. 68° 07' W.,

1655 feet to a point; thence N. 84° 50' W., 167 feet to a point; thence N. 48° 52' W., 1312 feet to a point; thence S. 40° 05' W., 264 feet to a point; thence N. 43° 12' W., 339 feet to a point; thence S. 35° 33' W., 1099 feet to a point; thence S. 69° 12' W., 50 feet to a point, the said point being the point of beginning; thence with a severance line S. 22° 00' E., 175 feet to a point; thence N. 89° 00' W., approximately 390 feet to a point; thence S. 14° 00' W., approximately 520 feet to a point; thence N. 67° 00' W., 95 feet to a point; thence N. 10° 25' E., 474 feet to a point; thence N. 69° 12' E., 485 feet to the point of beginning, and containing 2.4 acres, more or less.

NOTE: The bearings given in the above description are based on the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The central meridian for this coordinate system is located at Longitude 86° 00' W.

I3 Book 1625 Page 814

continued EXHIBIT A (page 6)

WATTS BAR RESERVOIR WBR-1057F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately upstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a point in a county road and in the center line of a drain, an angle in the common boundary line between the lands of Robert L. Gallaher and the Wm. M. L. Hope Heirs; thence with the common boundary between the lands of Robert L. Gallaher, and the Wm. M. L.

Hope Heirs N. 63° 00' E., 140 feet to a point (Coordinates: N. 556,615; E. 2,476,130); thence, leaving the said common boundary line, N. 53° 33' W., 656 feet to a point; thence S. 37° 44' W.,

224 feet crossing a county road at approximately 50 feet, to a point; thence S. 18° 11' E., 593 feet to a point; thence S. 82° 42' W., 39 feet to a point; thence N. 64° 36' W., 1571 feet to a point; thence N. 70° 13' W., 1220 feet to a point, thence N. 84° 24' W., 595 feet to a point; thence N. 89° 40' W., 1042 feet to a point; thence N. 39° 36' E., 345 feet to a point; thence S.

79° 25' E., 1061 feet to a point; thence N. 48° 44' W., 369 feet to a point; thence N. 68° 53' W.,

480 feet to a point; thence N. 24 ° 13' E., 273 feet to a point; thence S. 70° 36' E., 509 feet to a point; thence N. 61° 44' E., 599 feet to a point; thence S. 62° 31' E., 750 feet to a point; thence N. 30° 51' E., 492 feet, crossing a county road at approximately 440 feet, to a point; thence N.

62° 22' W., 1087 feet, crossing a county road at approximately 790 feet, to a point; thence N.

74° 21' W., 463 feet to a point; thence S. 86° 40' W., 311 feet to a point; thence S. 69° 39' W.,

1214 feet to a point; thence N. 16° 16' W., 100 feet to a point; thence S. 74° 26' W., 227 feet to a point; thence S. 42° 24' W., 457 feet to a point, the said point being the point of beginning; thence with a severance line S. 42° 24' W., 90 feet to a point; thence N. 47° 01' W., 1067 feet to a point; thence N. 19° 45' W., 552 feet to a point; thence N. 83° 00' E., 360 feet to a point; thence S. 1° 00' W., 265 feet to a point; thence S. 88° 00' W., 200 feet to a point; thence S. 34° 00' E., approximately 405 feet to a point; thence N. 56° 00' E., approximately 245 feet to a point; thence S. 39° 00' E., 555 feet to a point; thence S. 69° 00' W., 210 feet to a point; thence S. 50° 00' E., 375 feet to the point of beginning, and containing 6.9 acres, more or less.

NOTE: The coordinates and bearings given in the above description are for the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The origin for this coordinate system is at Latitude 34° 40' N., and has been assigned a

value of x 2,000,000 feet and y 100,000 feet.

14 Book 1625 Page 815

continued EXHIBIT A (page 7)

WATTS BAR RESERVOIR WBR-1058F A portion of a tract of land lying in the Second Civil District of Roane County, State of Tennessee, on the right bank of the Clinch River, immediately upstream from the mouth of Poplar Creek, the said portion being more particularly described as follows:

Commencing at a point in the center line of a county road and in the center line of a branch, an angle in the common boundary line between the lands of Robert L. Gallaher and the Wm. M. L.

Hope Heirs; thence with the common boundary between the lands of Robert L. Gallaher, and the Wm. M. L. Hope Heirs N. 63° 00' E., 140 feet to a point (Coordinates: N. 556,615; E.

2,476,130); thence, leaving the said boundary line, N. 53° 33' W., 656 feet to a point; the said point being the point of beginning; thence with a severance line S. 37° 44' W., 224 feet crossing a county road at approximately 54 feet to a point; thence S. 18° 11' E., 593 feet to a point; thence S. 82° 42' W., 39 feet to a point, thence N. 64° 36' W., 1571 feet to a point, thence N.

70° 13' W., 1220 feet to a point; thence N. 84° 24' W., 595 feet to a point; thence N. 89° 40' W.,

1042 feet to a point; thence N. 39° 36' E., 345 feet to a point; thence S. 79° 25' E., 1061 feet to a point; thence N. 48° 44' W., 369 feet to a point; thence N. 68° 53' W., 480 feet to a point; thence N. 24° 13' E., 273 feet to a point; thence S.70° 36' E., 509 feet to a point; thence N. 61 ° 44' E., 599 feet to a point; thence S. 62° 31' E., 750 feet to a point; thence N. 30° 51' E., 492 feet crossing a county road at approximately 442 feet to a point; thence along the road S. 50°30' E., 2095 (bearing and distance both approximate) to the point of beginning, and containing 73.8 acres, more or less subject to such rights as may be vested in the county to a road which affects approximately 0.7 acres.

NOTE: The coordinates and bearings given in the above description are for the Tennessee State Coordinate System, Lambert Projection, as established by the U. S. Coast and Geodetic Survey. The origin for this coordinate system is at Latitude 34° 40' N., and Longitude 86° 00' W.,

and has been assigned a value of x 2,000,000 feet and y 100,000 feet.

Book 1625 Page 816