Page images
PDF
EPUB

XII. LEGISLATION RELATING TO NATIONAL

PARKWAYS

1. Blue Ridge Parkway

Easements authorized for C&O Railway--------Act of December 22, 1944
Exchange of lands with Eastern Band of Cherokee Indians effected__

-----Act of October 10, 1949

Transfer of lands from jurisdiction of the Secretary of the Interior to jurisdiction of the Secretary of Agriculture authorized__.

Page

461

463

----Act of May 13, 1952
Purchase and exchange of land authorized_
-Act of June 30, 1961
Section of parkway transferred to Shenandoah National Park__.
-Act of June 30, 1961

471

471

472

Appropriation authorized for survey of proposed national parkway from the Blue Ridge Parkway into the State of Georgia___

Act of August 10, 1961

An Act Authorizing the conveyance by the Secretary of the Interior to The Chesapeake and Ohio Railway Company, a railroad corporation, of certain perpetual easements, near Afton, in Augusta and Nelson Counties, Virginia, being a portion of the Blue Ridge Parkway land of the Shenandoah National Park, approved December 22, 1944 (58 Stat. 909)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to grant and convey to The Chesapeake and Ohio Railway Company, a corporation organized and existing under and by virtue of the laws of the State of Virginia, its successors or assigns, perpetual easements across and under two parcels of land located near Afton, in Augusta and Nelson Counties, Virginia, more particularly described as follows:

Chesapeake and

472

The Ohio
Railway
Company.
Conveyance of
petual ease-
Afton, Va.

certain per

ments near

Parcel Numbered 1, now owned in fee simple by the Parcel 1. United States of America in Nelson County, Virginia: Beginning at a point twenty-five feet southwesterly and radially from the located center line of a proposed main track and tunnel on the Mountain Subdivision of The Chesapeake and Ohio Railway Company, also being in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Swannanoa Development Corporation which bears north eighty-seven degrees sixteen minutes east through proposed center line of main track at station 1197+09.72 which is on a three degree fifteen minute curve (the tangent of this curve produced intersects said property line at a point ninety-six and six-tenths feet south thirty-four degrees forty-four minutes east from the point of tangent of curve and at a point one hundred and seventy-seven and three one-hundredths feet south eighty-seven degrees sixteen minutes west measured along property line from

Parcel 2.

corner numbered 5 and one hundred and twenty-four and eighty one-hundredths feet north eighty-seven degrees sixteen minutes east measured along property line from monument numbered 4); thence north eighty-seven degrees sixteen minutes east on property line and across proposed center line of main track fifty-nine and eighttenths feet, more or less, to a point twenty-five feet northeasterly and radially from proposed center line of main track; thence southeasterly parallel with and twenty-five feet from proposed center line of main track which is on a three degree fifteen minute curve to the left sixty-eight and five-tenths feet, more or less, to a point in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Commonwealth of Virginia used for United States Route Numbered 250 which bears south sixty-seven degrees forty-eight minutes west through proposed center line at station 1196+30.97 which is thirty and thirteen one-hundredths feet south sixty-seven degrees forty-eight minutes west from northeast end of course and one hundred and twenty-two and twenty-one one-hundredths feet north sixty-seven degrees forty-eight minutes east from southwest end of course; thence south sixty-seven degrees forty-eight minutes west on property line and across proposed center line fifty-two and five-tenths feet, more or less, to a point twenty-five feet southwesterly and radially from proposed center line of main track; thence northwesterly parallel with and twenty-five feet from proposed center line of main track which is on a three degree fifteen minute curve to the right eighty-nine and no tenths feet, more or less, to point of beginning; and containing nine one-hundredths acre, more or less.

Parcel Numbered 2, now owned in fee simple by the United States of America in Augusta County, Virginia: Beginning at a point twenty-five feet northeasterly at right angles from the located center line of a proposed main track and tunnel on the Mountain Subdivision of The Chesapeake and Ohio Railway Company, also being in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Commonwealth of Virginia used for United States Route Numbered 250, which bears north three degrees sixteen minutes west through proposed center line of main track at station 1211+23.87; thence south thirty-four degrees forty-four minutes east parallel with and twenty-five feet from proposed center line of main track and tunnel across Skyline Drive six hundred and eighty-five and seventysix one-hundredths feet to a point in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Swannanoa Development Corporation, which bears south one degree fortytwo minutes thirty seconds east through proposed center line of main track at station 1204+40.5 which is one

hundred and eighty-seven and twenty one-hundredths feet south one degree forty-two minutes thirty seconds east measured along property line from iron pin corner numbered 20 and seventy-one and forty one-hundredths feet north one degree forty-two minutes thirty seconds west measured along property line from corner numbered 1; thence south one degree forty-two minutes thirty seconds east on property line and across center line ninety-one and seventy-four one-hundredths feet to a point twenty-five feet southwesterly at right angles from proposed center line of main track; thence north thirtyfour degrees forty-four minutes west parallel with and twenty-five feet from proposed center fine of main track and tunnel six hundred and eighty and ninety-eight one-hundredths feet to a point in first above-described property line; thence north three degrees sixteen minutes west on property line ninety-five and seventy-eight onehundredths feet to point of beginning; and containing seventy-eight one hundredths acre, more or less.

road tunnel.

The said easements are to be used for location of a rail- Use for railroad tunnel under the said Blue Ridge Parkway property near Afton, Virginia, and shall be conveyed subject to such terms and conditions as the Secretary of the Interior may deem advisable.

No part of the said easements shall be used for any other than railroad purposes, and in the event of any breach of this restriction, or in the event any part of said easements ceases to be used for railroad purposes, the entire interest herein authorized to be granted shall forthwith revert to the United States of America.

The United States of America shall have the right to use the said property in any way or manner not inconsistent with or conflicting with the use of the easements for railroad purposes as authorized herein to be granted to said The Chesapeake and Ohio Railway Company.

The Secretary of the Interior shall cause an appraisal to be made of the value of the said easements, including the resulting damage, if any, to the residue of the land, which said appraisal, after approval by the Secretary of the Interior, shall be paid in cash by The Chesapeake and Ohio Railway Company as the consideration for the conveyance of said easements to it by the United States of America.

An Act To effect an exchange of certain lands in the State of
North Carolina between the United States and the Eastern
Band of Cherokee Indians, and for other purposes, approved
October 10, 1949 (63 Stat. 726)

Reversionary provision.

Federal right reserved.

Consideration for conveyance.

of Cherokee

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- Eastern Band sembled, That, for the purpose of acquiring suitable Indians. right-of-way property for the Blue Ridge Parkway consistent with Resolution Numbered 33 of October 17,

Exchange

of lands.

1947, adopted by the tribal council of the Eastern Band of Cherokee Indians, there is hereby granted to the United States, subject to the provisions of the said resolution and this Act, all the right, title, and interest of the Eastern Band of Cherokee Indians in and to the following-described lands, which shall hereafter constitute a part of the right-of-way of the Blue Ridge Parkway:

TRACT NUMBERED 2-MOLLIE GAP

Beginning at an iron rod located on the boundary line between the Qualla tract of the Cherokee Indian Reservation and the lands of the Plott heirs, said iron rod being further described as being located approximately one thousand two hundred and fifty feet northwest from transit point numbered 71, a point on the Blue Ridge Parkway boundary line, and running thence the following courses and distances, to wit:

North eighty-four degrees fifty-four and one-half minutes west two hundred thirty-four and ninety-six onehundredths feet to an iron rod; north eighty-four degrees forty-two and one-half minutes west fifty and seventyfour one-hundredths feet to an iron rod; north eightythree degrees fifty-two and one-half minutes west fifty-two and twenty-seven one-hundredths feet to an iron rod; north eighty-two degrees eight and one-half minutes west fifty-three and eighty one-hundredths feet to an iron rod; north seventy-nine degrees twenty-nine minutes west fifty-five and twenty-one one-hundredths feet to an iron rod; north seventy-six degrees eleven minutes west fifty-six and ten one-hundredths feet to an iron rod; north seventy-two degrees thirty-nine minutes west fifty-six and ten one-hundredths feet to an iron rod; north sixty-nine degrees ten and one-half minutes west fifty-six and ten one-hundredths feet to an iron rod; north sixty-five degrees thirty-nine minutes west fiftysix and ten one-hundredths feet to an iron rod; north sixty-two degrees ten minutes west fifty-six and ten onehundredths feet to an iron rod;

North fifty-eight degrees forty-one minutes west fiftysix and ten one-hundredths feet to an iron rod; north fifty-five degrees eleven minutes west fifty-six and ten one-hundredths feet to an iron rod; north fifty-one degrees forty minutes west fifty-six and ten one-hundredths feet to an iron rod; north forty-eight degrees thirty-eight minutes west forty and twenty-five onehundredths feet to an iron rod; north forty-six degrees three minutes west fifty-five and forty-four onehundredths feet to an iron rod; north forty-three degrees seven minutes west fifty-three and eighty-two one-hundreths feet to an iron rod; north forty-one degrees twenty-five and one-half minutes west fifty-two and twenty-nine one-hundredths feet to an iron rod; north forty degrees thirty-three minutes west fifty and seventy

six one-hundredths feet to an iron rod; north forty degrees nineteen minutes west forty-nine and twenty-seven one-hundredths feet to an iron rod; north forty degrees forty-four minutes west forty-eight and thirty-seven onehundredths feet to an iron rod;

North forty-two degrees thirty-nine minutes west forty-five and ten one-hundredths feet to an iron rod; north forty-six degrees forty-four minutes west forty-one and eighty-three one-hundredths feet to an iron rod; north fifty-one degrees twenty-eight minutes west thirtyeight and ninety-four one-hundredths feet to an iron rod; north fifty-eight degrees fifty-seven and one-half minutes west thirty-six and ninety-one one-hundredths feet to an iron rod; north sixty-six degrees twenty-six minutes west thirty-six and ninety-one one-hundredths feet to an iron rod; north seventy-three degrees fiftyseven minutes west thirty-six and ninety-one onehundredths feet to an iron rod; north eighty-one degrees thirty-three and one-half minutes west twenty-one and eighty one-hundredths feet to an iron rod; north eightysix degrees twenty-five and one-half minutes west thirtyeight and forty-five one-hundredths feet to an iron rod;

South eighty-eight degrees fifty-five minutes west forty-one and eighty-three one-hundredths feet to an iron rod; south eighty-four degrees fifty and one-half minutes west forty-five and ten one-hundredths feet to an iron rod; south eighty-two degrees fifty-three and one-half minutes west forty-eight and thirty-seven onehundredths feet to an iron rod; south eighty-two degrees thirty-six minutes west forty and four one-hundredths feet to an iron rod; south eighty-two degrees forty-eight minutes west fifty-one and nine one-hundredths feet to an iron rod; south eighty-four degrees five and one-half minutes west fifty-three and twentyseven one-hundredths feet to an iron rod, south eightysix degrees thirty-four minutes west fifty-five and fortyfive one-hundredths feet to an iron rod;

North eighty-nine degrees fifty-three minutes west fifty-seven and fifty-nine one-hundredths feet to an iron rod; north eighty-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north seventy-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north seventy-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north sixty-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north sixty-four degrees fifty-eight minutes west fifty-eight and seventythree one-hundredths feet to an iron rod; north fifty-nine degrees fifty-eight minutes west fifty-eight and seventythree one-hundredths feet to an iron rod; north fiftyfour degrees fifty-eight minutes west fifty-eight and

« PreviousContinue »