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The Vermont Statutes Online
Title
03APPENDIX
:
Executive Orders
Chapter
029
:
PUBLIC PROPERTY AND SUPPLIES
§
EO29-45. (No. 05-10) [Transfer of Certain Easements and Rights in the Town of Cambridge 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 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.
