Vt. Stat. tit. 3A § 29-45
WHEREAS, it appears that certain easements and/or rights on land hereinafter described and located in the Town of Cambridge, County of Lamoille, and the State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife (Grantor); and
WHEREAS, the Agency of Transportation (VTrans) desires the use of certain easements and/or rights on Grantor's lands for VTrans' purposes in connection with the construction of Transportation Project Cambridge BRF 027-1 (4).
NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to the Agency of Transportation jurisdiction and control of certain easements and/or rights on lands presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife, said easements and/or rights being more particularly described as follows:
Being part of the same land and premises conveyed to State of Vermont, Fish and Wildlife Department by the Warranty Deed of Raymond R. Unsworth, dated December 23, 1985, which is recorded in Book 68, Page 503 of the Town of Cambridge land records, and being more particularly described as follows:
Being Parcel #2 consisting of easements and/or rights on land, as shown on right-of-way sheets 23, 25 and 26 of the revised plans of Transportation Projects Cambridge BRF 027-1(4) and Cambridge STP 027-1(4) as filed on the 22rd day of June, 2010, in the office of the clerk of the Town of Cambridge.
In connection with the above parcel the following easements and/or rights are conveyed:
A permanent easement in an area of 1,057.65 square meters (0.26 acre), more or less, and located right of and between approximate stations 10+235.00 and 10+344.06 of the established centerline of Transportation Project Cambridge BRF 027-1(4) ("the Transportation Project"), to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by VTrans for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of VTrans, erect or permit the erection of any building or any other structure; plant or permit the growth of any trees or bushes; change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation by VTrans, its successors and assigns.
A temporary easement during the period of construction to extend highway slopes and embankments in an area of 151.82 square meters (1,634 square feet), more or less, and a permanent easement to extend and maintain highway slopes and embankments in an area of 166.58 square meters (0.04 acre), more or less, as shown on the plans for the Transportation Project.
VTrans may extend the slopes and embankments at such an angle as will hold the material of the slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. VTrans 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 the slope areas.
A temporary easement to enter upon land of the Grantor, during the period of construction, to install a barrier fence, right of and between approximate stations 10+259.55 and 10+344.06 of the established centerline of the Transportation Project.
A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers, as necessary and as noted on the project plans; and undertake general construction functions in an area of 78.72 square meters (847 square feet), more or less, right of and between approximate stations 10+260.00 and 10+344.06 of the established centerline of the Transportation Project.
A temporary easement to enter upon land of the Grantor, during the period of construction, to install a sidewalk, in an area of 13.87 square meters (149 square feet), more or less, right of and between approximate stations 10+310.00 and 10+323.50 of the established centerline of the Transportation Project.
A permanent easement to install and maintain a guy wire and anchor at or near and right of approximate station 10+343.42 of the established centerline of the Transportation Project.
A permanent easement to install and maintain guardrail right of and between approximate stations 10+308.00 and 10+314.00 of the established centerline of the Transportation Project.
A temporary easement to enter upon land of the Grantor, during the period of construction, to remove and reset a Department of Fish & Wildlife sign, at or near and right of approximate station 10+300.00 of the established centerline of the Transportation Project.
A temporary easement to enter upon land of the Grantor, during the period of construction, to remove a picnic sign, at or near and right of approximate station 10+313.00 of the established centerline of the Transportation Project.
Construction of the Transportation Project will eliminate the Grantor's existing access located at or near and right of approximate station 10+309 of the established centerline of the Transportation Project. To mitigate elimination of the Grantor's access to Vermont Route 108, VTrans will allow the Grantor the right to use an access to be located at or near and right of approximate station 10+470 of the established centerline of the Transportation Project and the existing parking area. VTrans also will construct a recreational path to connect land of VTrans and land of the Grantor, and provide further access to Grantor from the parking area to the adjacent land of the Grantor.
This Executive Order shall take effect upon signing.
Dated July 2, 2010.
3 Appendix V.S.A. § 29-45