Vt. Stat. tit. 3A § 29-2

Current through L. 2024, c. 185.
Section 29-2 - Executive Order No. 29-2 (No. 57-80) [Transfer of Property in Milton From Transportation Board to Agency of Environmental Conservation, Department of Fish and Game]

WHEREAS, it appears that certain land and premises located in the Town of Milton, County of Chittenden, and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Agency of Transportation are no longer necessary for State Highway purposes; and

WHEREAS, the Agency of Environmental Conservation, Department of Fish and Game, desires the use of said land and premises for its purposes;

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the State Transportation Board to the jurisdiction and control of the Agency of Environmental Conservation, Department of Fish and Game, for its purposes the following described land and premises, to wit:

Parcel A:

Being part of the same land and premises conveyed to State of Vermont by Sand Bar Bridge Company by Warranty Deed dated January 29, 1907 and recorded in Volume 23, Pages 912-915, of the Town of Milton Land Records, and being more particularly described as follows:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 described as follows:

Beginning at a point 54 feet distant northeasterly at right angle from approximate survey station 324 + 00 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 250 feet, more or less, easterly to a point 98 feet distant northeasterly radially from approximate survey station 321 + 66 of said CL;

thence 68 feet, more or less, southerly and crossing former U.S. Route #2 to a point 33 feet distant northeasterly radially from approximate survey station 321 + 47 of said CL;

thence 62 feet, more or less, northwesterly and crossing said former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.195 acre, more or less, as shown on a plat of Highway Project Milton-Colchester F 028-1 (3), which is attached hereto and made a part hereof.

Parcel C:

Being part of the same land and premises acquired by the Town of Milton for highway purposes by Court Decree of Chittenden County Court (1886 term) which was recorded October 24, 1890 in Milton Road Book, Pages 30-32, of the Town of Milton Land Records. This portion of highway was taken into the State Highway System on April 1, 1931 as a result of Legislative Act 61 of 1931, and being more particularly described as follows:

Beginning at a point 218 feet distant northeasterly radially from approximate survey station 315 + 93 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 370 feet, more or less, southerly to a point 82 feet distant easterly radially from approximate survey station 311 + 90 of said CL;

thence 367 feet, more or less, southerly and crossing former U.S. Route #2 to a point 33 feet distant easterly radially from approximate survey station 101 + 60 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 384 feet, more or less, northerly and parallel to said CL and recrossing said former U.S. Route #2 to a point 33 feet distant easterly radially from approximate station 312 + 16 of the aforesaid CL of said Highway Project;

thence 455 feet, more or less, northerly to a point 174 feet distant northeasterly radially from approximate station 316 + 17 of said CL;

thence 51 feet, more or less, easterly and recrossing former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.722 acre, more or less, as shown on said attached plat.

Parcel D:

Being part of the same land and premises conveyed to State of Vermont by Sanford H. Thompson and Sadie M. Thompson by Warranty Deed dated April 22, 1930 and recorded in Volume 28, Pages 21 and 22, of the Town of Milton Land Records, and being more particularly described as follows:

Beginning at a point 218 feet distant northeasterly radially from approximate survey station 315 + 93 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-South Hero F 028-1 (1);

thence 537 feet, more or less, southeasterly, southerly and southwesterly to a point 143 feet distant easterly radially from approximate survey station 313 + 58 of said CL;

thence 15 feet, more or less, northwesterly to a point 130 feet distant easterly radially from approximate survey station 313 + 65 of said CL;

thence 300 feet, more or less, southwesterly to a point 42 feet distant easterly radially from approximate survey station 101 + 60 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 312 feet, more or less, northerly and crossing former U.S. Route #2 to a point 82 feet distant easterly radially from approximate survey station 311 + 90 of the aforesaid CL of said Highway Project;

thence 375 feet, more or less, northeasterly, northerly and northwesterly to a point 174 feet distant northeasterly radially from approximate survey station 315 + 10 of said CL;

thence 103 feet, more or less, northerly and crossing former U.S. Route #2 to the point of beginning.

Said parcel to contain 0.890 acre, more or less, as shown on said attached plat.

Parcel E:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 which was taken into the State Highway System on April 1, 1931 (as a result of Legislative Act 61 of 1931,) and being more particularly described as follows:

Beginning at a point in the westerly right-of-way boundary of former U.S. Route #2, 66 feet distant westerly at right angle from approximate survey station 125 + 64 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 175 feet, more or less, southerly and parallel to said CL and crossing former U.S. Route #2 to a point in the easterly right-of-way boundary of former U.S. Route #2, 66 feet distant easterly at right angle from approximate survey station 127 + 35 of said CL;

thence 1591 feet, more or less, southerly along said easterly right-of-way boundary of former U.S. Route #2 to a point 25 feet distant easterly at right angle from approximate survey station 103 + 70 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 50 feet, more or less, westerly and crossing said former U.S. Route #2 to a point in the westerly right-of-way boundary of former U.S. Route #2, 25 feet distant westerly at right angle from approximate survey station 103 + 70 of said former U.S. Route #2 CL;

thence 1827 feet, more or less, northerly along said westerly right-of-way boundary of former U.S. Route #2 to the point of beginning.

Said parcel to contain 1.931 acres, more or less, as shown on said attached plat.

Parcel F:

All right, title and interest in and to a portion of the right-of-way of former U.S. Route #2 which was taken into the State Highway System on April 1, 1931 as a result of Legislative Act 61 of 1931, and being more particularly described as follows:

Beginning at a point in the northeasterly right-of-way boundary of former U.S. Route #2, 25 feet distant northeasterly at right angle from approximate survey station 83 + 75 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 637 feet, more or less, southeasterly along said northeasterly right-of-way boundary of former U.S. Route #2 to a point in the westerly right-of-way boundary of Relocated U.S. Route #2, 124 feet distant westerly at right angle from approximate survey station 163 + 80 of the established centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 65 feet, more or less, southerly and crossing former U.S. Route #2 to a point in the southwesterly right-of-way boundary of former U.S. Route #2, 120 feet distant westerly at right angle from approximate survey station 164 + 44 of said CL;

thence 679 feet, more or less, northwesterly along said southwesterly right-of-way boundary of former U.S. Route #2 to a point 25 feet distant southwesterly at right angle from approximate survey station 83 + 75 of the aforesaid former U.S. Route #2 CL;

thence 50 feet, more or less, northeasterly and crossing former U.S. Route #2 to the point of beginning.

Said parcel contains 0.75 acre, more or less, as shown on said attached plat.

Parcel G:

Being part of the land and premises conveyed to State of Vermont by the following instruments:

1. Warranty Deed from Howard H. Mayville and Ann B. Mayville dated October 26, 1972, and recorded in Book 48, Pages 372 and 373;
2. Warranty Deed from Beatrice L. Bryant and Phillip P. Bryant, Jr. and Beatrice L. Bryant and Phillip P. Bryant, Sr. as Guardians of Crystal A. Bryant, Wendy J. Bryant, Paula E. Bryant and Phyllis P. Bryant, dated January 22, 1974, and recorded in Book 51, Pages 383-385;
3. Warranty Deed from Adelore Peter Gravelle and Ida May Gravelle dated April 13, 1979, and recorded in Book 67, Pages 152-155; all of the Town of Milton Land Records and being more particularly described as follows:

Beginning at a point in the westerly right-of-way boundary of Relocated U.S. Route #2, 120 feet distant westerly at right angle from approximate survey station 164 + 44 of the established centerline (centerline hereinafter referred to as CL) of Highway Project Milton-Colchester F 028-1 (3);

thence 120 feet, more or less, southeasterly to a point 80 feet distant westerly at right angle from approximate survey station 165 + 60 of said CL;

thence 104 feet, more or less, southeasterly to a point 25 feet distant westerly at right angle from approximate survey station 166 + 44 of said CL;

thence 58 feet, more or less, southeasterly and crossing the Relocated U.S. Route #2 CL to a point 25 feet distant easterly at right angle from approximate survey station 166 + 74 of said CL;

thence 90 feet, more or less, easterly to a point in the westerly right-of-way boundary of former U.S. Route #2, 115 feet distant easterly at right angle from approximate survey station 166 + 80 of said CL;

thence 148 feet, more or less, southerly along said westerly right-of-way boundary of former U.S. Route #2 to a point on the northerly bank of the Lamoille River, 123 feet distant easterly at right angle from approximate survey station 168 + 26 of said CL;

thence 1,118 feet, more or less, northwesterly along the northerly bank of the Lamoille River to a point 60 feet distant southeasterly at right angle from approximate survey station 83 + 75 of the former U.S. Route #2 centerline (centerline hereinafter referred to as CL) of said Highway Project;

thence 35 feet, more or less, northeasterly to a point in the southwesterly right-of-way boundary of former U.S. Route #2, 25 feet distant southwesterly at right angle from approximate survey station 83 + 75 of said former U.S. Route #2 CL;

thence 679 feet, more or less, northeasterly along said southwesterly right-of-way boundary of former U.S. Route #2 to the point of beginning.

Said parcel contains 1.382 acres, more or less, as shown on said attached plat.

There is excepted and reserved from this conveyance an easement to cross said Parcel G for highway purposes, by bridging, together with an easement to construct, reconstruct, replace, repair, and maintain said bridge.

In the event facilities are constructed, maintained, or otherwise operated on the parcel of land herein conveyed for the accommodation of the traveling public or business users of any Federal-aid highway or any other member of the public in general (such as eating, sleeping, rest and recreation), the Agency of Environmental Conservation, Department of Fish and Game, agrees that it will not discriminate on the ground of race, color or national origin against such traveling public or highway users or others in their access to and use of the facilities and services so constructed, maintained or otherwise operated, and that it shall construct, maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21 ( 49 C.F.R., Part 21) and as said Regulations may be amended.

Dated December 5, 1980.

3 Appendix V.S.A. § 29-2