Vermont § 51 - Executive Order No. 29-51 (No. 08-13) [Transfer of Certain Land and Permanent Easements in the Town of Swanton

§ 51. Executive Order No. 29-51 (No. 08-13) [Transfer of Certain Land and Permanent Easements in the Town of Swanton

• from the Agency of Natural Resources to the Agency of Transportation] WHEREAS, the Agency of Transportation (“VTRANS”) has constructed Transportation Project
  Alburgh-Swanton BRF 036-1(1), which involved the replacement of the bridge carrying
  a state highway known as Vermont Route 78 over Lake Champlain’s Missisquoi Bay, and
  which affected land under the jurisdiction of the Agency of Natural Resources, Department
  of Fish and Wildlife (“ANR”); and WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary exchange
  of land and/or rights and easements from ANR to VTRANS, as set forth in a Memorandum
  of Agreement between VTRANS and ANR dated December 11, 2003. NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor
  of the State of Vermont, do hereby transfer and set over to VTRANS jurisdiction and
  control of certain land and permanent easements over land of ANR for its purpose,
  said land and permanent easements being more particularly described as follows: Being part of the same land and premises conveyed to the State of Vermont, acting
  through its Department of Fish and Game of the Agency of Environmental Conservation
  by Warranty Deed of John A. Carman and Erma H. Carman, dated October 20, 1976, which
  is recorded in Book 89, Pages 230-232 of the Town of Swanton land records and is more
  particularly described as: Being Parcel #15 consisting of 0.12 hectare (0.30 acre), more or less, land and rights
  therein, as shown on right-of-way sheets 27, 35, 36, and 37 of the plans of Transportation
  Project Alburgh-Swanton BRF 036-1(1) (“the Transportation Project”) and filed on
  February 7, 2003, in the office of the clerk of the Town of Swanton. In connection with the above parcel the following easement and/or rights are conveyed: Permanent easements to discharge water on land of ANR as such water may hereafter
  be discharged or flow at or near and left of approximate stations 12+305.0 and 12+667.5
  of the established centerline of the Transportation Project. A permanent easement in an area of 0.15 hectare (0.37 acre), more or less, and located
  left of and between approximate stations 12+535.1 and 12+764.0 of the established
  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, hereinafter
  referred to as facilities, as necessary for the transmission of power and telecommunications
  under, upon, or across land of ANR. 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. ANR and 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. Permanent easements to install and maintain guy wire at or near and left of approximate
  stations 12+545.9 and 12+763.7 of the established centerline of the Transportation
  Project. This Order shall take effect upon signing. Dated October 2, 2013.