Vt. Stat. tit. 3A § 29-23
WHEREAS, it appears that a portion of certain land in the Town of Stockbridge, County of Windsor, and State of Vermont which is presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife, is necessary for highway purposes in connection with Highway Project Stockbridge BRF 022-1 (13); and
WHEREAS, the Agency of Transportation is charged with and has the responsibility for planning, constructing, and maintaining all such highways;
NOW THEREFORE, I, Howard Dean, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Natural Resources, Department of Fish and Wildlife, to the jurisdiction and control of the Agency of Transportation for the aforesaid purposes the following described lands and easements to wit:
Being part of the same land and premises conveyed to the State of Vermont by Thomas G. Rabeck and Lauren S. Rabeck by Warranty Deed dated April 11, 1978 and recorded in Book 36, Pages 317-319, of the Town of Stockbridge Land Records, and being further described as Parcels #5A and 5B consisting of land and rights therein as shown on Pages 11 and 12 of the plans of Highway Project Stockbridge BRF 022-1 (13) as filed on the 7th day of August, 1991, in the office of the Clerk of the Town of Stockbridge. Said land and rights are more particularly described as follows:
Parcel #5A:
Beginning at a point in the existing southwesterly right-of-way boundary of Vermont Route 107, approximately 33 feet distant southwesterly at right angle from station 13 + 76 of the established centerline (established centerline hereinafter referred to as CL) of said Highway Project;
thence 274 feet, more or less, southeasterly along said existing southwesterly right-of-way boundary of Vermont Route #107, to a point approximately 33 feet distant southwesterly radially from station 16 + 50 of said CL;
thence 51 feet, more or less, northwesterly to a point 42 feet distant southwesterly radially from station 16 + 00 of said CL;
thence 224 feet, more or less, northwesterly and parallel to said CL to a point 42 feet distant southwesterly at right angle from station 13 + 76 of said CL;
thence 9 feet, more or less, northeasterly to the point of beginning;
This parcel of land contains 0.05 acre, more or less.
Parcel #5B:
Beginning at a point in the existing southwesterly right-of-way boundary of Vermont Route #107, approximately 33 feet distant southwesterly at right angle from approximate station 11 + 07 of said CL;
thence 55 feet, more or less, southeasterly along an irregular line to a point in the center of existing Vermont Route #107 at approximate station 11 + 50 on said CL;
thence 575 feet, more or less, southeasterly along the center of existing Vermont Route #107 to a point at approximate station 17 + 25 on said CL;
thence 33 feet, more or less, southwesterly to a point in the existing southwesterly right-of-way boundary of Vermont Route #107, approximately 33 feet distant southwesterly radially from approximate station 17 + 25 of said CL;
thence 618 feet, more or less, northwesterly along the aforesaid existing southwesterly right-of-way boundary of Vermont Route #107 to the point of beginning.
This parcel of land contains 0.45 acre, more or less, and is located within the existing right-of-way of Vermont Route #107.
Also included in this transfer are the following described easements and/or rights:
A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a temporary bridge and detour in an area which contains 0.29 acre, more or less, and is located right of and between approximate stations 9 + 91 and 13 + 50 of said CL.
An easement to extend highway slopes and embankments in an area of 0.08 acre, more or less, and a temporary easement during the period of construction to extend highway slopes and embankments in an area of 0.01 acre, more or less, as shown on Pages 11 and 12 of said filed Highway Project plans.
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.
A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a drive right of and between approximate stations 11 + 15 and 14 + 00 of said CL.
Temporary easements during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, 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 0.03 acre, more or less, and is located right of and between approximate stations 14 + 03 and 15 + 40 of said CL; and in an area which contains 0.01 acre, more or less, and is located right of and between approximate stations 15 + 69 and 16 + 50 of said CL.
Included in this transfer is all right, title, and interest the Agency of Natural Resources, Department of Fish and Wildlife, has in and to any land which is located within the existing right-of-way of Vermont Route #107 between the northerly boundary of Parcel #5B and the center of the Tweed River.
Dated February 25, 1992.
3 Appendix V.S.A. § 29-23