Vt. Stat. tit. 3A § 29-25
WHEREAS, It appears that certain lands and rights hereinafter described and located in the Town of Charleston, County of Orleans, and State of Vermont are presently under the jurisdiction and control of the State of Vermont, Agency of Natural Resources, Department of Fish and Wildlife, and
WHEREAS, the Agency of Transportation desires the use of said lands and rights for its purposes;
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 Agency of Transportation, jurisdiction and control over certain lands and rights being more particularly described as follows:
Being part of the same land and premises conveyed to the State of Vermont, Fish and Game Department by Warranty Deed from Hiram H. Hutchinson and Hazel M. Hutchinson dated April 16, 1965, and recorded in Book 27, Pages 65 and 66 of the Town of Charleston Land Records, and further described as Parcels #4A and 4B consisting of certain pieces of land and rights therein as shown on Page 9 of the plans of Highway Project Charleston BRF 034-3 (15) that have been revised and filed in the office of the Clerk of the Town of Charleston on the 14th day of December, 1992. Said lands and rights are described as follows:
Parcel #4A:
Beginning at a point in the existing easterly right-of-way boundary of Vermont Route #105, 28 feet distant easterly radially from approximate station 433+45 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Charleston BRF 034-3 (15);
thence 90 feet, more or less, southeasterly to a point in the Clyde River, said point being 30 feet distant easterly radially from approximate station 434+33 of said CL;
thence 23 feet, more or less, northwesterly in said Clyde River to a point in the aforesaid existing easterly right-of-way boundary of Vermont Route #105, 11 feet distant easterly radially from approximate station 434+22 of said CL;
thence 80 feet, more or less, northerly along the aforesaid existing easterly right-of-way boundary of Vermont Route #105 to the point of beginning.
The above described parcel of land designated Parcel #4A, consists of 0.02 acre, more or less.
Parcel #4B:
Beginning at a point in existing Vermont Route #105, 4 feet distant northeasterly radially from approximate station 432+58 of the aforesaid CL;
thence 26 feet, more or less, southeasterly to a point in the existing easterly right-of-way boundary of Vermont Route #105, 26 feet distant easterly radially from approximate station 432+70 of said CL;
thence 75 feet, more or less, southeasterly along the aforesaid easterly right-of-way boundary of Vermont Route #105, to a point 28 feet distant easterly radially from approximate station 433+45 of said CL;
thence 80 feet, more or less, southerly along said existing easterly right-of-way boundary of Vermont Route #105, to a point in the Clyde River 11 feet distant easterly radially from approximate station 434+22 of said CL;
thence 18 feet, more or less, northwesterly in the Clyde River to a point in existing Vermont Route #105, 5 feet distant westerly radially from approximate station 434+17 of said CL;
thence 160 feet, more or less, northerly and northwesterly along existing Vermont Route #105 to the point of beginning.
The above described parcel of land designated as Parcel #4B consists of 0.08 acre, more or less, and is located within the existing right-of-way of Vermont Route #105.
Also included in this transfer are the following described easements and/or rights:
A temporary easement during the period of construction, to extend highway slopes and embankments in an area of 0.03 acre, more or less, as shown on Page 9 of the aforementioned revised filed 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 State of Vermont, 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.
An easement, in an area of 0.01 acre, more or less, to change and maintain the channel of a certain stream of water, known locally as the Clyde River, now running on lands of the Agency of Natural Resources, Department of Fish and wildlife, left of and between approximate stations 433+56 and 433+90 of the established centerline of Highway Project Charleston BRF 034-3 (15).
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 and utilize a temporary detour, in an area which contains 0.11 acre, more or less, and is located left of and between approximate stations 432+90 and 434+55 of the said established centerline.
Dated August 15, 1993.
3 Appendix V.S.A. § 29-25