Executive Order No. 3-68

(No. 06-15)

[Transfer of Certain Land and Permanent Easements in the Town of Killington from ANR to VTRANS]

WHEREAS, the Agency of Transportation ("VTRANS") needs to construct Transportation Project Killington ER 022-1(27), which involves the replacement of Bridge #118 carrying a state highway known as Vermont Route 100 over Kent Brook, and which affects land under the jurisdiction of the Agency of Natural Resources, Department of Fish and Wildlife, and Department of Forest, Parks, and Recreation ("ANR"); and

WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary land and/or rights and easements from ANR to VTRANS.

NOW, THEREFORE, BE IT RESOLVED that 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 land and permanent easements of ANR's described below:

I. Parcel One:

Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

1. Warranty Deed of Susan Stodghill to the State of Vermont, dated July 20, 1991, and recorded in             Book 124, Pages 149-151; and

2.  Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded in Book 20, Pages 470-471;

all of the Town of Killington Land Records and being more particularly described as follows:

Being Parcel #1, consisting of 271 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) ("the Transportation Project") as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

In connection with the above parcel the following easements and/or rights are conveyed:

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 and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions in an area of 597 square feet, more or less, left of and between approximate stations 103+00.00 and 103+28.60 of the established centerline of the Transportation Project.

A permanent easement to construct and maintain the channel of a certain stream of water, known as the Kent Brook, now running on land of the grantor, including the right to install and maintain stone fill, as well as a temporary easement during the period of construction to enter upon land of the grantor to install erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans, in an area of 507 square feet, more or less, and located left of and between approximate stations 103+00.00 and 103+28.49 of the established centerline of the Transportation Project.

II. Parcel Two:

Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

1.  Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated January 27, 1959, and recorded at Book 21, Pages      46-47;  and

2.  Guardian's Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont,             dated February 8, 1958, and recorded at Book 20, Pages 470-471.

all of the Town of Killington Land Records and being more particularly described as follows:

Being Parcels #2A-B, consisting of 2,055 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) ("the Transportation Project"), as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

In connection with the above parcel the following easements and/or rights are conveyed:

Temporary easements 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 and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 925 square feet, more or less, left of and between approximate stations 103+52 and 104+10; in an area of 832 square feet, more or less, right of and between approximate stations 102+44 and 103+00; and in an area of 686 square feet, more or less, right of and between approximate stations 103+52 and 104+10; all stations are of the established centerline of the Transportation Project.

This Order shall take effect upon signing.

Dated September 16, 2015