Executive Order No. 29-39
(No. 02-08)
[Transfer of Land in Bennington from the Agency of Transportation to the Agency of Natural Resources
WHEREAS, certain lands and rights hereinafter described and located in the Town of Bennington, County of Bennington, and State of Vermont, and known as Whipstock Hill, are presently under the jurisdiction and control of the State of Vermont, Agency of Transportation; and
WHEREAS, the Agency of Transportation desires to transfer to the Agency of Natural Resources, Department of Fish and Wildlife, a certain parcel of land to be used as a deer wintering area; and
WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife will, upon transfer, be responsible for the management of a designated deer wintering habitat area and associated forested habitat buffer zone, on the parcel described below;
NOW THEREFORE, I, James H. Douglas, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Natural Resources, Department of Fish and Wildlife, a parcel of land, being more particularly described as follows:
Being part of the same lands and premises conveyed to the State of Vermont, Agency of Transportation by Woodland Heights Realty Company by Warranty Deed dated March 16, 2000, which is recorded in Book 359, Page 155 of the Town of Bennington Land Records, and being more particularly described as follows:
Being a parcel of land, as shown on a plat entitled "Bennington - Hoosick, NY D.P.I. 0146(1) Whipstock Hill Deer Mitigation Unit" date of Survey: November 15, 2005 and which plat is dated September 6, 2007 and attached hereto and made a part hereof.
Being Parcel #1B2 consisting of 349.7 Acres, more or less, and Parcel #1B3 consisting of 75.1 Acres, more or less, land and rights therein, as shown on the aforementioned plans of said Highway Project Bennington - Hoosick, NY D.P.I. 0146(1) to be recorded in the office of the Clerk of the Town of Bennington.
Reference also may be made to Parcel 1B as shown on pages 43-48 of the plans of Highway Project Bennington-Hoosick D.P.I. 0146(1) as filed in the office of the Clerk of the Town of Bennington in aid of a more complete description.
Except and reserved from this transfer is the continued right on the part of the State of Vermont, Agency of Transportation to:
- limit access, air, view and light, including all rights of ingress, egress and regress to, from, between and across the above described parcel and the limited-access highway facility known as Vermont Route 279.
- limit building of any structures over a maximum elevation above sea level of 840 feet.
Also excepted and reserved from this transfer are rights to build, maintain, and replace a certain air navigation beacon, along with a right-of-way to the beacon, all as more particularly described in a Warranty Deed dated March 8, 1973 from Ferdinand L. Mayer and Katherine D. Mayer to the State of Vermont Aeronautics Board, which is recorded in Book 0-201 and Page 174 of the land records of the Town of Bennington.
In the event that the parcel of land transferred by this executive order is not used for the purposes described above, it will revert to the control of the Agency of Transportation.
This Executive Order shall take effect upon execution.
Dated April 10, 2008.