Executive Order No. 29-40
(No. 03-08)
[Transfer of Land in Topsham from Agency of Transportation to Department of Public Safety
WHEREAS, certain state-owned land (the "Property") located in the Town of Topsham, County of Orange and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the Agency of Transportation; and
WHEREAS, the Agency of Transportation has determined the Property to be surplus to its needs; and
WHEREAS, the Department of Public Safety desires to obtain jurisdiction and control of the Property for the purposes of consolidating control over all radio tower properties used by the Department of Public Safety.
NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Agency of Transportation to the Department of Public Safety, for the above purposes, jurisdiction and control of the following state-owned land:
Being all and the same land and premises conveyed by July 5, 1963 warranty deed of Hall, Rose, and John Peterson to the State of Vermont, which is recorded in the Topsham land records at Book 34, Page 338, having been received for record on July 5, 1963. This parcel, which contains 10.0 acres more or less, is more particularly described as follows:
"Beginning at a point in the northerly boundary of a road (not a town highway but surveyed as referenced below), which point is approximately 0.24 mile westerly from Town Highway 38;
1. Thence 385 feet, more or less, northerly and along a fence line to a point marked by an iron pin;
2. Thence along a tangent N 80° 00’ W (magnetic) a distance of 576.84 feet to a point marked by an iron pin;
3. Thence along a tangent N 10° 00’ E (magnetic) a distance of 100.00 feet to a point marked by an iron pin;
4. Thence along a tangent N 80° 00’ W (magnetic) a distance of 200.00 feet to a point marked by an iron pin;
5. Thence along a tangent S 10° 00 W (magnetic) a distance of 368.88 feet to a point marked by an iron pin;
6. Thence along a tangent S 10° 00 W a distance of 426.18 feet to a point marked by an iron pin;
7. Thence along a tangent S 10° 00 W to the northerly boundary of the present ancient road;
8. Thence 860 feet, more or less, easterly in said northerly ancient road boundary to the point of beginning."
Also transferred to the jurisdiction and control of the Department of Public Safety are any rights the Agency of Transportation may have in and to those lands located between the existing Town Highway 38 and the parcel herein described and transferred.
In aid of the above description, reference may be had to two surveys entitled, in part, as follows:
STATE OF VERMONT TOPSHAM
Department of Highways Pierson Hill
Town of Topsham Micro-wave relay station
survey
Project: Topsham 550-0713 By L. Carlson
Scale: 1" = 100’ May 1958
Date: 9/10/1974
Copies of these surveys are on file in the property records of Vermont Agency of Transportation's Division of Operations, located in Montpelier, Vermont.
Reference may also be had to a survey at Book 34, Pages 330-31 of the Topsham land records.
The herein described parcel of land is transferred subject to all existing licenses, leases, and easements, including, but not limited to, a lease with Washington Electric Cooperative, Inc. for use of the tower to maintain an antenna.
This Executive Order shall take effect upon execution.
Dated June 27, 2008.