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And the lands situated in Lauderdale County being described as follows, to wit:

Fractional northwest quarter of the southeast quarter of section 7, and the fractional northeast quarter of the southeast quarter of said section 7, township 3 south, range 10 west of Huntsville principal meridian, lying north of Tennessee River and containing 41.28 acres, more or less.

To have and to hold the aforegranted premises, with all the rights, easements, and appurtenances thereunto belonging, to the said United States of America, its successors and assigns, forever.

In witness whereof, the said grantor, Muscle Shoals Hydro-Electric Power Co., has caused this conveyance to be executed in its name and under its corporate seal by Thos. W. Martin, its president, and attested by Lamar Aldridge, its secretary, on this the 28 day of July, 1920.

Muscle Shoals Hydro-ELECTRIC POWER COMPANY,

By Thos. W. MARTIN. Attest: (SEAL.]

LAMAR ALDRIDGE, Secretary.

STATE OF ALABAMA,

County of Jefferson. I, W. R. Loyd, a notary public in and for said county, in said State, hereby certify that Thos. W. Martin, whose name as president of the Muscle Shoals Hydro-Electric Power Co., a corporation, is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of said conveyance, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand this 28th day of July, 1920.

W. R. LOYD,

Notary Public, Jefferson County, Ala. My commission expires June 21, 1921.

UNITED STATES OF AMERICA, THE STATE OF ALABAMA, AND County OF

LAUDERDALE: Know all men by these presents, That this indenture, made and entered into on this the 3d day of June, 1918, by and between Thomas F. Jones, an unmarried man, of the county of Lauderdale and State of Alabama, the party of the first part, and the United States of America, the party of the second part, witnesseth:

That for and in consideration of the sum of $34,000 to him in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, the said party of the first part has granted, bargained, sold, and conveyed and does, by these presents, grant, bargain, sell and convey unto the said party of the second part, the United States of America, its successors and assigns, the following described real estate, lying and being situated in the county of Lauderdale and State of Alabama, to wit:

Beginning at a point at the water's edge on the north side of Jackson Island, 4,152 feet south of and 148 feet west of the northeast corner of section 7, township 3 south, range 10 west, said point being on a line parallel to and 1,000 feet east of the upstream side of proposed Dam No. 2; thence south 10 degrees 39 minutes 30 seconds east for a distance of 1,200 feet, more or less, to the water's edge on the south side of Jackson Island; thence along the said water's edge on the south side of Jackson Island in a westerly direction, about 2,200 feet; thence north 10 degrees 39 minutes 30 seconds west along a line parallel to and 1,177 feet west of the upstream side of proposed Dam No. 2 for a distance of 1,315 feet, more or less, to the water's edge on the north side of Jackson Island; thence along said water's edge in an easterly direction about 2,200 feet to the point of beginning, containing 54.04 acres, more or less. This acreage includes all that area on Jackson Island and adjacent towheads between a line 1,000 feet upstream from and parallel to the upstream side of proposed Dam No. 2 and a line 1,177 feet downstream fram and parallel to the upstream side of proposed Dam No. 2, all being in Lauderdale County, Ala.

To have and to hold the above described premises, together with the appurtenances thereunto belonging, or, in any wise appertaining unto the said party of the second part, the said United States of America, its successors and assigns, in fee simple absolutely and forever.

Lots “A,

And the party of the first part does also, for the consideration herein named, hereby grant, bargain, sell, and convey unto the l'nited States of America, the right to food permanently, by means of a dam across the Tennessee River, to be erected on the land hereinabove described, the following described land in the county of Lauderdale and State of Alabama, to wit:

Those islands in the Tennessee River known as “The Jackson Island” or "! Blair Island,” “Polkstalk Island,” “Forty-Acre Island,” and “Five-Acre Island,” containing 455.78 acres, more or less, said islands being in township 3, range 10 west, and being further described as follows:

B,” “C," and “D” in section 4.
Lots “Aand “B” in section 5.
Lot "A" in section 7.
Lots "A," "B,” and “C” in section 8.
Lots "A" and "B" in section 9.
Lot "A" in section 18.

The description just given, which is alleged to contain 455.78 acres, more or less, includes all the land being conveyed by this deed and it is expressly understood between the parties hereto that the first tract of land described in this conveyance passes by it to the United States of America, its successors and assigns, an absolute title in fee, and that the United States, its successors and assigns, acquire by this deed the right to flood permanently, by means of a dam to be erected and maintained on the first tract of land hereinabove described, the remainder of the land hereby conveyed, and the right to absolutely destroy by the flow of waters all that part of Jackson Island, lying downstream from the proposed dam to be built on the tract of land first hereinabove described. A plat of the property conveyed is hereto attached. And the party of the first part does also for the consideration herein named, hereby grant, bargain, sell, and convey unto the United States of America the right to absolutely destroy by the flow of waters all that part of Jackson Island lying downstream from the proposed dam to be built on the tract of land herein first described, together with the right to go upon all of the lands hereinabove described, from time to time as occasion may require, and remove therefrom any timber and other natural growth, and any obstruction growths, accumulations, brush, trash, filfth, and any other thing which in any way interferes with, or tends to render inaccessible, unsafe, or insanitary, any part of the slack-water pool or the margin thereof, or the power plant to be erected upon said lands.

To have and to hold the same unto the United States of America, its successors and assigns, for the purposes aforesaid.

And the said party of the first part does hereby for himself, his executors and administrators, covenant with the party of the second part, its successors and assigns, that he is lawfully seized in fee of the aforegranted premises; that they are free from all encumbrance; that he has a good right to sell and convey the same, and that he will and his executors and administrators shall forever warrant and defend the title to the same to the said party of the second part, its successors and assigns, against the lawful claims of all persons.

In testimony whereof the said party of the first part has hereunto set his hand and affixed his seal on this the day and year first above written. (SEAL.)

Thos. F. JONES. STATE OF ALABAMA,

Lauderdale County. I, A. H. Carmichael, a notary public in and for said State and county, hereby certify that Thomas F. Jones, an unmarried man, whose name is signed to the foregoing conveyance, and who is known to me acknowledged before me on this day, that being informed of the contents of this conveyance he executed the same voluntarily on the day the same bears date. Given under my hand and seal this the 7th day of June, 1918.

A, H. CARMICHAEL, Notary Public.

EXHIBIT D CHAP. LXXV. An act to grant certain relinquished and unappropriated lands to the State of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Black Warrior Rivers.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That four hundred thousand acres of the relin. quished lands in the counties of Madison, Morgan, Limestone, Lawrence, Franklin, and Lauderdale, in the State of Alabama, be and the same is (are) hereby, granted to said State, to be applied to the improvement of the navigation of the Muscle Shoals, and Colbert's Shoals, in the Tennessee River, and such other parts of said river within said State as the legislature thereof may direct: But if there shall not be four hundred thousand acres of relinquished unappropriated land in said counties, the deficiency to be made out of any unappropriated lands in the county of Jackson, in said State.

Sec. 2. And be it further enacted, That said State of Alabama, shall have power to sell

, dispose of and grant said land, for the purposes aforesaid, at a price not less than the minimum price of the public lands of the United States, at the time of such sale.

Sec. 3. And be it further enacted, That the said State of Alabama shall commence said improvements within two years after the passage of this act, and complete the same within ten years thereafter.

SEC. 4. And be further enacted, That if said State of Alabama shall apply the lands hereby granted, or the proceeds of the sales, or any part thereof, to any other use or object whatsoever, than as directed by this act, before said improvements shall have been completed, the said grant for all lands then unsold shall thereby become null and void; and the said State of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been sold, deducting the expenses incurred in selling the same.

SEC. 5. And be it further enacted, That the improvements of said navigation shall be commenced at the lowest point of obstruction in said river, within said State, continued up the same until completed, and be calculated for the use of steamboats, according to such plan of construction as the United States Engineers, appointed to survey and report thereon, may recommend, and the President of the United States approve: Provided, That such plan shall embrace, if practicable, a connection of the navigation of Elk River, with the said improvements.

Sec. 6. And be it further enacted, That after the completion of said improvements, the surplus of said grant, if any, shall be applied to the improvement of the navigation of the Coosa, Cahawba, and Black Warrior Rivers, in said State, under the direction of the legislature thereof.

Sec. 7. And be it further enacted, That the said rivers, when improved as aforesaid, shall remain forever free from toll for all property belonging to the Government of the United States, and for all persons in their service, and for all the citizens of the United States, unless a toll shall be allowed by act of Congress.

Approved, May 23, 1828.

EXHIBIT E

Muscle Shoals Grant. List No. 1.
Patent No. 982600.

PATENT

The United States of America to all to whom these presents shall come, greeting:

Whereas there has been deposited in the General Land Office of the United States a list of lands to inure to the State of Alabama under the act of Congress of May 23, 1828 (4 Stat. 290), which list was approved by the Secretary of the Interior June 16, 1926, with direction that patent issue to the State for said lands, viz: (Descriptions of land totaling

- acres.) Now know ye that the United States of America in consideration of the premises and in conformity with the said act of Congress approved May 23, 1828 (4 Stat. 290), has given and granted and by these presents does give and grant unto the said State of Alabama in fee simple the tracts of land above described; to have and to hold the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature thereunto belonging unto the said State of Alabama in fee simple and to its assigns forever.

In testimony whereof I, Calvin Coolidge, President of the United State of America, have caused these letters to be made patent and the seal of the General Land Office to be hereunto affixed.

Given under my hand in the city of Washington, the twenty-second day of July, in the year of our Lord one thousand nine hundred and twenty-six, and of the Independence of the United States the one hundred and fifty-first. By the president:

Calvin COOLIDGE. By VIOLA B. Pugh,

Secretary.

M. P. LEROY, Recorder of the General Land Office.

Ехнівіт F

MUSCLE SHOALS GRANT

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

Washington, July 14, 1927. Mr. R. M. Sims,

Assistant U. S. Attorney, Florence, Ala.

MY DEAR Sir: The lands comprising what is known as the Muscle Shoals grant were granted to the State of Alabama under the act of May 23, 1828 (4 Stat. 290). For nearly 100 years this grant was not adjusted and no evidence of the passing of title to the land to the State was issued by this office. During the years 1925 and 1926 an investigation was made to determine what action was possible to bring the matter to a final settlement and as a result patent No. 982600 issued July 22, 1926. This is the only patent that was issued for the land granted to the State under the above mentioned act.

A certified extract copy of the record of so much of this patent as pertains to fractional section 7 north of the river, T. 3 S., R. 10 W., Huntsville meridian, was furnished you June 28 in answer to your two letters, one of May 20 inclosing 70 cents, and the other of June 11, 1927, stating that you wanted this copy. This information is given in answer to your letter of July 1, 1927. Very respectfully,

D. K. PARROTT, Acting Assistant Commissioner.

Exhibit G

CODE OF ALABAMA, 1923

(Vol. 4, ch. 355. Watercourses. 10565–10575]

(Article 2. Easement and right to construct dams. 10570-10572) 10570. (6148) Easement and right to construct dams across navigable rivers.— Any person, firm, or corporation organized for the purpose of improving the navigation upon a navigable river in the State of Alabama and of developing in connection therewith a water power thereof by a dam and lock, or a system of dams and locks, and electrically transmitting and distributing such power for the use of the public, which shall have acquired the necessary lands upon both sides of said river to the extent of at least one more than half of the necessary abutment sites for the said dam or system of dams, and lock or system of locks and shall have been organized or incorporated for the specific and particular purpose of improving the navigation of and developing water power in connection with a particular and specified river, and has prepared plans for the construction of a dam or system of dams and a lock or system of locks appertaining thereto, and filed a copy of said plans in the office of the secretary of state of Alabama, together with a certified copy of its articles of incorporation (if a corporation), which provide both for the improvement of navigation of such river, and for the developing of the full water power of the same over the stretch of river thus to be improved, shall have authority to construct a dam or system of dams, with a lock or system of locks appertaining thereto in such river, for the improvement of navigation of said river by one or more slack water pools, due to the construction of said dam or dams and the development of water power in connection therewith, and to that end and in consideration of the benefits to the public by reason of the improvement of navigation of such river and the development of water power thereof, as herein provided, is granted an easement for power purposes to and in the water and bed of the river in which dam or system of dams, and lock or system of locks are to be constructed, for the full area covered by the slack water pool or pools which will be created by the construction of the said dam or system of dams, to the extent necessary for developing the full power of said river over that length of same upon which navigation is to be improved as provided herein, and for providing suitable and convenient sites for the said dam or system of dams, locks, power houses, and other features appurtenant thereto and necessary for navigation and power purposes, or for either of them, and to the extent made necessary by the impounding, diversion, and conversion of the said waters as the same may be caused by the construction of the said dam or system of dams, or by any other change from the normal state of the said river, due to said construction, and necessary for the purpose of deriving the energy therefrom.

EXHIBIT H
STATE OF ALABAMA,

Jefferson County.
To the honorable the SECRETARY OF STATE OF THE STATE OF ALABAMA:

Now comes Muscle Shoals Hydro-Electric Power Co. and shows that it is a corporation organized under the laws of the State of Alabama for the purpose of improving the navigation upon the Tennessee River, a navigable river in the said State of Alabama, and of developing in connection therewith the water power thereof by a system of two dams and locks, and electrically transmitting and distributing such power for the use of the public; that it has acquired and owns the necessary lands upon both sides of said river constituting the abutment sites for said system of dams and locks; that it is organized or incorporated for the specific and particular purpose of improving the navigation of the said Tennessee River and developing the water power in connection with said river, and has prepared and herewith files in your office its plans for the construction of said system of dams and locks appertaining thereto, in lieu of the plans heretofore filed by this company, together with certified copy of its articles of incorporation and amendments thereto, to the end of acquiring the easements, rights, and authority granted and conferred by sections 6148 to 6150 of the Code of Alabama of 1907 and other provisions of the laws of the State of Alabama applicable thereto; which said plans filed herewith consist of three sheets numbered for convenience of reference in this certificate 1, 2, and 3 and are further identified as follows:

Print No. 1 being a general plan of said development and is dated January, 1915, and is marked “Ď_4166.

Print No. 2 is the detailed plan and elevation of No. 2 dam and power house and the lock appertaining thereto, and is marked “D-4569.

Print No. 3 is the detailed plan and elevation of No. 3 dam and power house and the lock appertaining thereto, and is marked “D-4580.

That said plans provide both for the improvement of the navigation of said river, and for the developing of the full water power thereof over the stretch of river thus to be improved, namely, between Dam No. 2 shown on said plans, and Coles Band Bar, a point in said river near Guntersville, in Marshall County, Ala., which stretch of said river is, to wit, 86 miles in length.

In witness whereof the said Muscle Shoals Hydro-Électric Power Co. has caused this certificate to be executed in its name by Wiley Alford as its secretary on this the 4th day of January, 1916.

MUSCLE SHOALS HYDRO-ELECTRIC POWER Co. By WILEY ALFORD, Secretary.

EXHIBIT I

CHARTER OF 1666

Charles the Second by the grace of God, of Great Britain, France, and England, defender of the faith, etc.

Whereas by our letters patent, bearing date the 4th and 14th day of March, in the fifteenth year of our reign, we were graciously pleased to grant unto our right trusty and right well-beloved cousin and counselor Edward, Earl of Clarendon;

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