Executive Order No. 29-42
(No. 04-09)
[Transfer of Certain Land and Easements and Rights in the Town of Cornwall from the Agency of Natural Resources to the Agency of Transportation
WHEREAS, it appears that certain pieces of land and easements and/or rights on land hereinafter described and located in the Town of Cornwall, County of Addison, and the State of Vermont are presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife; and
WHEREAS, the Agency of Transportation desires the use of said land and easements and/or rights on lands for its purposes in connection with the construction of Transportation Project Cornwall BRS 0172(6).
NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Transportation jurisdiction and control over certain land and easements and/or rights on land of the Agency of Natural Resources, Department of Fish and Wildlife for its purpose, said land and easements and/or rights being more particularly described as follows:
Being part of the same land and premises conveyed to Vermont Department of Fish and Wildlife by U.S. Department of Agriculture, Farm Service Agency by Quit Claim Deed, dated February 18, 2004, which is recorded in Book 59, Pages 412-417 of the Town of Cornwall land records.
Reference is hereby made to the above-mentioned conveyance and records thereof and to the following instruments of conveyance in aid of a more complete description and further chain of title:
Certificate of Non-Redemption, dated July 22, 1996, certified July 25, 1996 and recorded in Book 42, Page 586; Decree of Foreclosure, dated June 12, 1996, certified July 25, 1996 and recorded in Book 42, Pages 587-590; and Compliant of Foreclosure dated January 11, 1995 and recorded in Book 42, Pages 178-310, all in the matter of United States of America v. Jack W. Whipple, Helen P. Whipple and the Merchants Bank, Docket No. 2:95cv14, United States District Court, District of Vermont;
Warranty Deed from Margaret A. Payne to Jack Whipple and Helen Whipple, dated October 26, 1972, which is of record in Book 23, Pages 253-256;
all of the Town of Cornwall land records, and being more particularly described as follows:
• Being Parcels #1A-1E consisting of 0.483 hectare (1.20 acre), more or less, land and rights therein, as shown on right-of-way detail sheet 1 and right-of-way sheets 26, 27 and 30 of the plans of Transportation Project Cornwall BRS 0172(6) ("the Transportation Project") to be filed in the office of the clerk of the Town of Cornwall, subsequently upon the execution of this instrument.
In connection with the above parcels the following easements and/ or rights are conveyed:
Permanent easements, in an area of 319 square meters (3,434 square feet), more or less, located left of and between approximate stations 1+095.2 and 1+139.7 of the established centerline of the Transportation Project; in an area of 147 square meters (1,582 square feet), more or less, located right of and between approximate stations 2+045.9 and 2+117.8 of the Town Highway 33 centerline of 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, herein referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the grantor. These easements also include the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the State of Vermont, 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 the State of Vermont, Agency of Transportation, 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 these easement areas which will adversely affect the maintenance and operation by the State of Vermont, its successors and assigns.
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 project demarcation fence, as necessary; and undertake general construction functions, in an area of 55 square meters (592 square feet), more or less, located right of and between approximate stations 1+165.2 and 1+190.4; in an area of 200 square meters (2,153 square feet), more or less, located right of and between approximate stations 2+023.6 and 2+103.0 of the established centerline of the Transportation Project.
A temporary easement in an area of 0.2 square meters (2 square feet), more or less, to enter upon land of the grantor, during the period of construction, to construct and use a temporary vehicular detour right of and between approximate stations 1+165.2 and 1+190.4 of the established centerline of the Transportation Project.
A temporary easement, during the period of construction, to extend highway slopes and embankments in an area of 150 square meters (1,615 square feet), more or less, as shown on the aforesaid Transportation Project plans.
The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The State of Vermont 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 said slope area.
This Executive Order shall take effect upon signing.
Dated June 17, 2009.