Vt. Stat. tit. 3A § 29-20
WHEREAS, it appears that certain permanent easements hereinafter described and located in the Town of Berlin, County of Washington, and State of Vermont are presently under the jurisdiction and control of the Board of Armory Commissioners of the State of Vermont, and
WHEREAS, the Agency of Transportation desires the use of said permanent easements for its purposes;
NOW THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain permanent easements of the Board of Armory Commissioners for its purposes, and being more particularly described as follows:
Being part of the same land and premises conveyed to the State of Vermont by the City of Montpelier by Warranty Deed dated December 10, 1964 and recorded in Book 36, Page 59 of the Town of Berlin Land Records; said land being designated as Parcel #11 as shown on Pages 4 and 5 of the plans of Highway Project Berlin M 6200 (1)S, Section I and as Parcel #104 as shown on Pages 5, 7, and 8 of the plans of Highway Project Berlin M 6200 (1)S, Section II, and which plats are so designated and which are attached hereto and made a part hereof, and with reference to said plats being more particularly described as follows:
Parcel #11:
An easement for constructing, maintaining and servicing a highway, in an area of 0.01 acre, more or less, and located between a point right of approximate survey station 51 + 00 of the revised centerline of said Highway Project and a point right of approximate station 52 + 48 of the established centerline of said Highway Project, and being more particularly described as follows:
Beginning at a point in the existing southwesterly right-of-way boundary of Town Highway #6 (Fisher Road) 25 feet distant southwesterly radially from approximate station 51 + 00 of the revised centerline (Revised centerline hereinafter referred to as REV. CL.) of Highway Project Berlin M 6200 (1)S, Section I;
thence 146 feet, more or less, southeasterly along the aforesaid southwesterly right-of-way boundary of Town Highway #6 (Fisher Road) to a point 20 feet distant southwesterly radially from approximate station 52 + 46 of said REV. CL.;
thence 5 feet, more or less, southwesterly to a point 25 feet distant southwesterly radially from approximate station 52 + 48 of the REV. CL.;
thence 148 feet, more or less, northwesterly to the point of beginning.
Also included in this transfer is the following easement and/or right required for the construction of Highway Project Berlin M 6200 (1)S, Section I;
An easement to construct and maintain a drainage ditch between a point right of approximate survey station 52 + 48 of the revised centerline of said Highway Project and a point right of approximate survey station 52 + 58 of the established centerline of said Highway Project.
Parcel #104:
An easement for constructing, and servicing a highway, in an area of 0.08 acre, more or less, and located right of and between approximate survey stations 47 + 43 and 52 + 00 of the revised centerline of said Highway Project, and being more particularly described as follows:
Beginning at a point in Town Highway #6 (Fisher Pond) 17 feet distant northeasterly at right angle from approximate station 45 + 31 of the revised centerline (revised centerline hereinafter referred to as REV. CL.) of Highway Project Berlin M 6200 (1)S; Section II;
thence 211 feet, more or less southeasterly to a point in the centerline of Town Highway #6 (Fisher Pond) at centerline station 47 + 43 of said REV. CL.;
thence 32 feet, more or less, southwesterly to a point 32 feet distant at right angle from station 47 + 43 of said REV. CL.;
thence 143 feet, more or less, northwesterly and parallel to said REV. CL. to a point 32 feet distant, southwesterly at right angle from station 46 + 00 of said REV. CL.;
thence 53 feet, more or less, southwesterly to a point 85 feet, distant southwesterly at right angle from station 46 + 00 of said REV. CL.;
thence 84 feet, more or less, northwesterly to a point 105 feet distant southwesterly at right angle from station 45 + 18 of said REV. CL.;
thence 123 feet, more or less, northeasterly to the point of beginning.
Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Berlin M 6200 (1)S, Section II;
Easement to extend highway slopes and embankments in areas of 0.05 acre, more or less, and 0.01 acre, more or less, and a temporary easement during the period of construction to extend highway slopes and embankments in an area of 0.04 acre, more or less and shown on Pages 7 and 8 of the plans of said Highway Project, a plat of which is attached hereto and made a part hereof. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all tree logs, stumps, protruding roots, brush, duff and any other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.
An easement in an area of 0.05 acre, more or less, to construct and maintain a ditch located right of and between approximate survey stations 47 + 43 and 50 + 82 of the revised centerline of said Highway Project.
An easement to install and maintain a culvert located right of and between approximate survey stations 50 + 82 and 51 + 53 of the revised centerline of said Highway Project.
A temporary easement during the period of construction to enter upon land of the Adjutant General to construct a drive located at or near and right of approximate survey station 51 + 18 of the revised centerline of said Highway Project.
Dated March 16, 1989.
3 Appendix V.S.A. § 29-20