2017 Vermont Statutes
Title 3 Appendix - Executive Orders
Chapter 29 - Public Property And Supplies
App 29-36 (No. 07-06) [Transfer of Certain Easements and Rights in Middlesex from the Agency of Natural Resources to the Agency of Transportation

Executive Order No. 29-36

(No. 07-06)

[Transfer of Certain Easements and Rights in Middlesex from the Agency of Natural Resources to the Agency of Transportation]

WHEREAS, it appears that certain easements and/or rights on land hereinafter described and located in the Town of Middlesex, County of Washington, and State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation; and

WHEREAS, the Agency of Transportation desires the use of said easements and/or rights on lands for its purposes in connection with the construction of Highway Project Middlesex BRF 0241 (32).

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 over certain easements and/or rights on land of the Agency of Natural Resources, Department of Environmental Conservation for its purposes, said easements and/or rights being more particularly described as follows:

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

Warranty Deed from John A. Forbes and Sarah V. Forbes dated April 17, 1986, which is recorded in Book 21, Page 42; and

Warranty Deed from Albert J. LaChapelle and Mattie K. LaChapelle dated July 22, 1933, which is recorded in Book 20, Page 163, both of the land records of the Town of Middlesex and being more particularly described as follows:

Being Parcels #1A, 1B and 1C, consisting of easements and/or rights on land as shown on Pages 15, 16 and 17 of the plans for Highway Middlesex BRF 0241 (32) ("the Highway Project") as filed on the 30th day of November, 2005 in the office of the clerk of the Town of Middlesex.

In connection with the above parcels, the following easements are conveyed:

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including, but not limited to, the right to cut and dispose of all trees, stubs, brush, bushes and debris and down timber; install erosion control barriers and project demarcation fence as necessary; and undertake general construction functions; in an area of 191.8 square meters (2,064 square feet), more or less, located left of and between approximate stations 2000+004.28 and 2000+067.93; in an area of 272.7 square meters (2,935 square feet), more or less, located right of and between approximate stations 1999+998.42 and 2000+068.24; in an area of 278.7 square meters (3,000 square feet), more or less, located right of and between approximate stations 2000+086.08 and 2000+211.64; and in an area of 382.8 square meters (4,006 square feet), more or less, located left of and between approximate stations 2000+084.67 and 2000+208.26; all stations are of the established centerline of the Highway Project.

Permanent easements to extend and maintain highway slopes and embankments in areas of 44.8 square meters (482 square feet), more or less, 17.5 square meters (188 square feet), more or less, 331.9 square meters (3,573 square feet), more or less, and 258.1 square meters (2,778 square feet), more or less, as shown on the aforesaid Highway Project plans. The right to install temporary erosion control barriers may be included within the permanent slope easements as noted on the project plans, together with the right to keep the erosion control barriers clear of debris and functioning properly throughout the construction of the project.

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 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, in an area of 0.12 hectare (0.30 acre), more or less, to enter upon land of the grantor during the period of construction to construct and use a temporary two-way vehicular detour, right of and between approximate stations 2000+010.55 and 2000+142.74 of the established centerline of the Highway Project.

Temporary easements to enter upon land of the grantor, during the period of construction to construct a wildlife path; in an area of 3.4 square meters (37 square feet), more or less, right of and between approximate stations 2000+060.94 and 2000+064.95; in an area of 0.5 square meters (5 square feet), more or less, right of and between approximate stations 2000+091.07 and 2000+092.84; and in an area of 1.5 square meters (16 square feet), more or less, left of and between approximate stations 2000+087.87 and 2000+090.76; all stations are of the established centerline of the Highway Project.

This Executive Order shall take effect upon signing.

Dated October 30, 2006.