Vt. Stat. tit. 3A § 29-21
WHEREAS, it appears that certain lands hereinafter described and located in the Town of Wilmington, County of Windham and State of Vermont and presently under the jurisdiction and control of the Agency of Environmental Conservation; Forests, Parks and Recreation Department; and
WHEREAS, the Agency of Transportation desires the use of said land and premises 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 lands of the Agency of Environmental Conservation; Forests, Parks and Recreation Department for its purposes; said lands being more particularly described as follows:
Being part of the same land and premises conveyed to the State of Vermont by Olga Haslund by Warranty Deed dated August 5, 1940 and recorded in Book 31, Page 88 of the Town of Wilmington Land Records; said land being designated as Parcels #26A, 26B, and 26C as shown on Pages 15, 30 and 31 of the plans of Highway Project Wilmington F 010-1 (19), a plat of which is attached hereto and made a part hereof, and with reference to said plat being more particularly described as follows:
Parcel #26A: Beginning at a point in the existing southwesterly right of way boundary of Vermont Route #9, 90 feet distant northeasterly at right angle from approximate station 334 + 10 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010-1 (19);
thence 437 feet, more or less, southeasterly, easterly and southeasterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 to a point 78 feet distant northeasterly, at right angle from approximate station 338 + 45 of said CL;
thence 100 feet, more or less, southwesterly and crossing said CL to a point 5 feet distant southwesterly at right angle from approximate station 337 + 86 of said CL;
thence 96 feet, more or less, southeasterly to a point 18 feet distant southwesterly at right angle from approximate station 338 + 80 of said CL;
thence 105 feet, more or less, northeasterly and crossing said CL to a point in the aforesaid existing southwesterly right of way boundary of Vermont Route #9, 67 feet distant northeasterly at right angle from approximate station 339 + 43 of said CL;
thence 309 feet, more or less, southeasterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 and crossing said CL to a point 10 feet distant southwesterly at right angle from approximate station 342 + 40 of said CL;
thence 55 feet, more or less, southwesterly to a point 65 feet distant southwesterly at right angle from approximate station 342 + 43 of said CL;
thence 843 feet, more or less, northwesterly and parallel to said CL to a point 65 feet distant southwesterly at right angle from approximate station 334 + 00 of said CL;
thence 155 feet, more or less, northeasterly and crossing said CL to the point of beginning.
Said Parcel #26A contains 2.38 acres, more or less.
Parcel #26B: Beginning at a point existing Vermont Route #9, 140 feet distant northeasterly at right angle from approximate station 334 + 10 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010- (19);
thence 439 feet, more or less, southeasterly to a point 106 feet distant northeasterly at right angle from approximate station 338 + 47 of said CL;
thence 28 feet, more or less, southwesterly to a point in the existing southwesterly right of way boundary of Vermont Route #9, 78 feet distant northeasterly at right angle from approximate station 338 + 45 of said CL;
thence 437 feet, more or less, northwesterly, westerly and northwesterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 to a point 90 feet distant northeasterly at right angle from approximate station 334 + 10 of said CL;
thence 50 feet, more or less, northeasterly to the point of beginning.
Said Parcel #26B contains 0.34 acre, more or less.
Parcel #26C: Beginning at a point in existing Vermont Route #9, 93 feet distant northeasterly at right angle from approximate station 339 + 47 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Wilmington F 010-1 (19);
thence 313 feet, more or less, southeasterly to a point 20 feet distant northeasterly at right angle from approximate station 342 + 52 of said CL;
thence 31 feet, more or less, southwesterly and crossing said CL to a point in the existing southwesterly right of way boundary of Vermont Route #9, 10 feet distant southwesterly at right angle from approximate station 342 + 40 of said CL;
thence 309 feet, more or less, northwesterly along the aforesaid existing southwesterly right of way boundary of Vermont Route #9 and crossing said CL to a point 67 feet distant northeasterly at right angle from approximate station 339 + 43 of said CL;
thence 26 feet, more or less, northeasterly to the point of beginning.
Said Parcel #26C contains 0.21 acre, more or less.
Also included in this transfer are the following easements and/or rights required for the construction of Highway Project Wilmington F 010-1 (19):
A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Environmental Conservation; Forests, Parks and Recreation Department to construct a drive at or near and right of approximate survey station 338 + 62 of the established centerline of said Highway Project.
A temporary easement during the period of construction to enter upon land under the jurisdiction of the Agency of Environmental Conservation; Forests, Parks and Recreation Department for construction purposes including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris in an area which contains 0.05 acre, more or less, and is located right of and between approximate survey stations 339 + 89 and 342 + 33 of the established centerline of said Highway Project.
A temporary easement during the period of construction to extend highway slopes and embankments in a total area of 0.02 acre, more or less, as shown on Pages 15, 30 and 31 of the plans of said Highway Project a plat of which is attached hereto and made a part of. 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 trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.
Dated Dec. 28, 1989.
3 Appendix V.S.A. § 29-21