Executive Order No. 29-15 (No. 41-87) [Transfer of Lands in City of Burlington From Agency of Transportation to Agency of Environmental Conservation, Fish and Wildlife Department]
WHEREAS, it appears that certain lands hereinafter described and located in the City of Burlington, County of Chittenden and State of Vermont and presently under the jurisdiction and control of the Agency of Transportation; and
WHEREAS, the Agency of Environmental Conservation, Fish and Wildlife Department, desires jurisdiction over certain lands of the Agency of Transportation, for the sole purpose of wildlife management and for perpetual conservation to replace wetland habitat permanently lost in the construction of the highways known as the Northern Connector and Southern Connector; and
WHEREAS, the lands as described below in Exhibit “A” and Exhibit “B” compensate fully and exclusively for the natural values lost in the construction of the Northern and Southern Connectors and shall be managed and enhanced for wildlife habitat;
NOW THEREFORE, I, Madeleine M. Kunin, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Environmental Conservation, Fish and Wildlife Department, jurisdiction over certain lands of the Agency of Transportation for the sole purpose of habitat development, wildlife management and the perpetual conservation of natural resources as hereinafter described as Exhibit “A” and Exhibit “B”.
Exhibit “A”:
Being a perpetual easement for maintaining and controlling a wetland habitat enhancement area on a certain parcel of land commonly referred to as the Howe Farm and described as follows:
Beginning at a point shown on the plan of Burlington highway project M 5000 (3), sheet 47 of 48 and noted as “station 465 + 34, 242 feet right”; thence southwesterly about 92 feet to a point noted as “465 + 77, 150 feet right”; thence generally southerly and 150 feet parallel to the baseline of construction as shown on the plans to a point marked by a STATE OF VERMONT aluminum pipe monument stamped “ROW 1983” and set flush with the ground 150.0 feet right of station 442 + 35 as shown on plan sheet 41 of 48 and further identified by Vermont State Plane Coordinates y = 736,713.5, x = 306,363.6; thence continuing by grid distance and azimuths; 616.8 feet 48°58′12″ to a point located 150.0 feet 323°18′51″ from a STATE OF VERMONT aluminum pipe monument stamped “B 1983” set flush to the ground; thence 1313.4 feet 323°18′51″ to a STATE OF VERMONT aluminum pipe monument stamped “C 1983” set flush to the ground; thence 827.0 feet 323°18′50″ to a STATE OF VERMONT aluminum pipe monument stamped “D 1983” set flush to the ground; thence 1087.5 feet 10°09′20″ to a STATE OF VERMONT aluminum pipe monument stamped “E 1983” set flush with the ground near the southerly bank of a seasonally dry channel of the Winooski River; thence continue on the same azimuth to the southerly bank of the river; thence to the center of the river and the boundary between the City of Burlington and Colchester; thence down stream along the boundary between the City of Burlington and Colchester to a point opposite the point of beginning of this description; thence to the noted point of beginning. The land area enclosed by this description constitutes approximately 66 acres depending on the variable flow of the river and is all of the same land and premises conveyed to the State of Vermont by Roderick Whittier and Richard Farnham by Warranty Deed dated February 6, 1984, and recorded in Book 302, Pages 350-353 of the City of Burlington Land Records.
Exhibit “B”:
Being a perpetual easement for maintaining and controlling a wetland habitat enhancement area on a certain parcel of land commonly referred to as the Intervale Cattail Marsh and described as follows:
Commencing at a point marking the southwest corner of land, conveyed to the State of Vermont by City of Burlington by Warranty Deed dated February 24, 1986, and recorded in Book 328, Page 593A of the City of Burlington Land Records, and which point is also along the boundary line of the existing railroad right-of-way of the Central Vermont Railway; thence proceeding in a northwesterly direction 725′ to a point; then continuing in a northwesterly direction 400′ to a point, which point is 250′ right of the point designated 335 on the survey line of the Burlington Beltline, so-called; then continuing in a northwesterly direction 500′ to a point, which point is 201′ right of the point designated 340 on the survey line of said Burlington Beltline; then continuing in a northwesterly direction for 375′ to a point which is the northwesterly corner of the property being herein conveyed; then turning to the right at an angle of 60°16′43″ and continuing in a northeasterly direction for 863.16′ to a point; then continuing at an angle of 64°26′04″ for 441.01′ to a point which constitutes the most northerly point of the land of the State of Vermont; thence turning to the right at an angle of 145°25′29″ and proceeding in a southeasterly direction for 546.01′ to a point, then continuing in a southeasterly direction at an angle of 145°27′51″ for a distance of 450.66′ to a point; then continuing in a southeasterly direction at an angle of 141°58′59″ for 68.01′ to a point; then continuing a southeasterly direction at an angle of 145°22′11″ for 464.73′ to a point; then turning to the left and proceeding in a northeasterly direction at an angle of 93°50′21″ for a distance of 833.29′ to a point; then turning to the right and proceeding in a southeasterly direction at an angle of 180°17′59″ for 471.95′ to a point; then turning to the left and proceeding in a southeasterly direction at an angle of 107°47′59″ for a 380.49′ to a point; then turning to the right and proceeding in a southwesterly direction at an angle of 193°46′23″ for 1009.21′ to a point; then continuing in a southwesterly direction at an angle of 196°17′19″ for a distance of 118.35′ to a point; then turning to the right and proceeding in a northwesterly direction at an angle of 282°40′56″ for 93.62′ to a point; then deflecting to the right and proceeding in a northwesterly direction at an angle of 328°04′50″ for 279.49′ to a point; then proceeding in a northwesterly direction at an angle of 282°25′02″ for 344.87′ to a point; then turning to the left and proceeding in a southwesterly direction at an angle of 215°47′48″ for a distance of 217.71′ to a point; then proceeding in a westerly direction at an angle of 282°31′51″ for 1470.25′ to a point; then continuing in a westerly direction at an angle of 282°03′38″ for 147.38′ to a point; then continuing in a westerly direction at an angle of 281°18′41″ for a distance of 122.46′ to the point or place of beginning. The land area enclosed by this description is 122 acres, more or less.
Also included in this transfer is an easement over other lands, now or formerly of Roderick Whittier and Richard Farnham for the purposes of ingress and egress to and from the premises for maintaining a wetland habitat enhancement area, and laying and maintaining waterlines from the closest point of the Winooski River to said wetland habitat enhancement area and the use of said easement shall not interfere with the use of the land by Roderick Whittier and Richard Farnham, their heirs and assigns.
The Agency of Environmental Conservation, Fish and Wildlife Department, upon this transfer, will assume the responsibility for all future, management, maintenance and construction outside the highway right-of-way line and assumes the responsibility of monitoring water levels to avoid encroachment on adjoining properties unless flowage easements are obtained.
The Agency of Environmental Conservation, Fish and Wildlife Department also agrees to comply with all conditions imposed on the herein described areas by permits obtained by the Corps of Engineers, Vermont Act 250 and Agency of Environmental Conservation, Department of Water Resources and Environmental Engineering Dam Permit and all covenants and conditions included in the deeds transferring the herein described properties to the Agency of Transportation.
Dated February 26, 1987.