WHEREAS, it appears that certain land and premises located on Pierpoint Avenue in the City of Rutland, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Military Department, State of Vermont, currently used as a military maintenance facility; and

WHEREAS, certain land was obtained by the Military Department, located in Fair Haven, Vermont, and the Military Department is in the process of constructing a new military maintenance facility at that location; and

WHEREAS, once the Fair Haven Maintenance facility is completed, anticipated completion date to be by the end of year 2001, the land and premises located in the City of Rutland, County of Rutland, State of Vermont, will no longer be necessary for the purposes of the Military Department; and

WHEREAS, the Agency of Administration, Department of State Buildings and General Services, desires the use of said land and premises for its purposes.

NOW, THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby transfer and set over from the Military Department to the jurisdiction and control of the Agency of Administration Department of Buildings and General Services for its purposes, the date of transfer of possession to be upon completion of the Fair Haven, Vermont, maintenance facility, the following described land and premises, to wit:

Being part of the same land and premises acquired by the State of Vermont from Evelyn Pierpoint, et al. by Warranty Deed dated June 29, 1877, and recorded in Book 36, Pages 657-658 of the City of Rutland Land Records. It is also the same land and premises transferred from the Agency of Administration, Department of Buildings to the Military Department by Executive Order No. 23-86 and being more particularly described as follows:

Beginning at a point marked with a stone bound on the easterly sideline of Pierpoint  Avenue approximately 685 feet northerly of the center line of State Street, which now marks the division line between the lands of the State of Vermont and the land herein described, thence running northerly along a bearing of N 1/d13’09" E a distance of 295.0 feet to an Iron Pin set flush (IPSF), thence running in a northerly direction along an arc of a circle with a radius of 692.05’ curving to the right an arc distance of 221.14 l.f. along the easterly boundary of Pierpoint Avenue, the chord of said arc running N 10/d22’21" E for a distance of 220.19 feet, thence running N 19/d31’38" E for a distance of 29.59 feet, thence continuing in a northerly direction along an arc of a circle with a radius of 1170.75 feet curving to the left an arc distance of 130.50 feet along the easterly boundary of Pierpoint Avenue, the chord of such arc running N 16/d19’59" E for a distance of 130.43 feet to an Iron Pin Set Flush, thence turning a sharp angle to the right and running S 35/d25’24" E for a distance of 561.03 feet to a point in the East Creek (this line is the division line of property deeded to the City of Rutland by the State, June 9, 1956, and recorded in BK 103, PG. 117, and land therein described), thence turning a sharp angle to the right and running S 32/d58’31" W for a distance of 8.41 feet to a point in the East Creek, thence turning a slight angle to the left and running S 20/d20’40" W for a distance of 194.37 feet to a point, thence turning a slight angle to the left and running S 13/d52’20" W for a distance of 25.00 feet more or less to a point in East Creek, thence turning a sharp angle to the right and running N 87/d37’40" W for a distance of 340.0 feet more or less to the point of beginning.

The parcel therein described contains approximately 4.15 acres, more or less.

FURTHER, the Military Department shall remain responsible for maintenance and any expenses relating to the above described land and premises until such time as it vacates the property and turns possession over to the Agency of Administration Department of Buildings and General Services. In addition, the Military Department shall transfer all property records and files, relating to the above described land and premises, to the Agency of Administration Department of Buildings and General Services at the time possession of said property is transferred to that Agency.

This Executive Order shall take effect upon execution.

Dated January 8, 2001.