§EO29-45. (No. 05-10) [Transfer of Certain Easements and Rights in the Town of

Link to law: http://legislature.vermont.gov/statutes/section/03APPENDIX/029/00045
Published: 2015

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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.
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