Vt. Stat. tit. 3A § 29-26

Current through L. 2024, c. 185.

Section 29-26 - Executive Order No. 29-26 (No. 01-95) [Transfer of Land and Easements From Agency of Natural Resources, Department of Fish and Wildlife, to Agency of Transportation]

WHEREAS, it appears that certain land and easements in the Town of Roxbury, County of Washington, 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 Roxbury BRS 0187(3)S; 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 to the Agency of Transportation, jurisdiction and control over certain land and easements of the Agency of Natural Resources, Department of Fish and Wildlife, and being more particularly described as follows:

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

1. Quit-Claim Deed from Charles C. Warren dated November 30, 1894 and recorded in Book 16, Page 201, of the Town of Roxbury Land Records.

2. Warranty Deed from Edward H. Thurston and Ola M. Thurston dated September 21, 1956 and recorded in Book 28, Pages 85-87, of said Town of Roxbury Land Records. A portion of the land conveyed in this deed was transferred from the jurisdiction and control of the Department of Highways to the jurisdiction and control of the Department of Fish and Game by Executive Order dated November 12, 1973 and recorded in Book 28, Page 531, of said Town of Roxbury Land Records.

The land and easements transferred herein are further described as Parcel #1 as shown on Pages 9 and 11 of the plans of Highway Project Roxbury BRS 0187 (3)S as filed on May 11, 1993 in the office of the Clerk of the Town of Roxbury.

The transfer includes all right, title, and interest which the Agency of Natural Resources, Department of Fish and Wildlife, has or may have in or to a parcel of land which contains approximately 0.51 acre and is located entirely within the existing right-of-way of Vermont #12A. Said parcel is further described as follows:

Beginning at a point in the existing westerly right-of-way boundary of Vermont Route #12A, 50 feet distant westerly radiating from approximate station 118+00 of the established centerline (established centerline hereinafter referred to as CL) of Highway Project Roxbury BRS 0187 (3)S;

thence 237 feet, more or less, northerly along said westerly right-of-way boundary of Vermont Route #12A, and crossing the Third Branch of the White River to a point 50 feet distant westerly at right angle from approximate station 120+43 of said CL;

thence 33 feet, more or less, northeasterly along said westerly right-of-way boundary of Vermont Route #12A to a point 25 feet distant westerly at a right angle from approximate station 124+65 of said CL;

thence 416 feet, more or less, northerly and easterly along said westerly right-of-way boundary of Vermont State Route #12A to a point 25 feet distant northwesterly at right angle from approximate station 124+65 of said CL;

thence 25 feet, more or less, southeasterly to a point in Vermont Route # 12A, at approximate station 124+65 on said CL;

thence 665 feet, more or less, southwesterly and southerly along Vermont #12A to a point at approximate station 118+00 on said CL;

thence 50 feet, more or less, westerly to the point of beginning.

Also included in this transfer are the following easements:

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 detour, in an area which contains 0.10 acre, more or less, and is located left of and between approximate stations 119+85 and 122+24 of the aforesaid CL;

A permanent easement to extend and maintain highway slopes and embankments in an area of 0.10 acre, more or less, and temporary easements during the period during the period of construction, to extend highway slopes and embankments in an area of 0.10 acre, more or less, and in an area of 0.06 acre, more or less, as shown on the aforesaid 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 0.10 acre, more or less, to change and maintain the channel of a certain stream of water, known locally as the Third Branch of the White River, now running on the lands of the Agency of Natural Resources, Department of Fish and Wildlife, left of and between approximate stations 120+45 and 120+73 of said CL;

An easement to install and maintain a wingwall located left of and between approximate stations 120+69 and 120+80 of said CL;

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to reset two white pine trees located left of and between approximate stations 121+15 and 121+70 of said CL;

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 at or near and left of approximate station 122+50 of said CL.

Dated January 9, 1995.

3 Appendix V.S.A. § 29-26