3 V.S.A. App. ch. 29, § Executive Order No. 29-61: 29-61 (No. 02-26) [Transfer of Property in Pittsford from ANR, Fish & Wildlife to Agency of Transportation]

WHEREAS, certain State-owned land located in the Town of Pittsford, County of Rutland, herein “the “Property,” is presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife (“ANR/FW”); and

WHEREAS, the Agency of Transportation (“VTrans”) requires jurisdiction and control of certain permanent and temporary easements over the Property for a highway project consisting of the widening and full depth reconstruction of US Route 7, replacement of multiple bridges, grading, drainage, relocation of aerial utilities, paving and necessary approach work off of US Route 7 known as Transportation Project Pittsford-Brandon NH 019-3(494) (the “Transportation Project” ). At the conclusion of ANR/FW/NRCS parcel acquisitions for the Pittsford NH 019-3(493) project, AOT agrees to transfer a ±3 acre parcel to ANR/FW as consideration for both the Pittsford-Brandon NH 019-3(494) parcels (#401 addressed in this document and parcel #407 addressed in a separate Executive Order of the same date) as well as the Pittsford NH 019-3(493) parcels and the associated NRCS easement mitigation requirements. This ±3-acre parcel is further described as being part of the same land and premises conveyed to the Vermont Agency of Transportation by Warranty Deed of Harold Peters and Diana J. Peters dated October 22, 2022, and recorded in Book 176, Page 79 of the Town of Pittsford land records.

NOW THEREFORE, I, Philip B. Scott, 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 the following temporary and permanent easements for its purposes, from the jurisdiction and control of ANR/FW to wit:

Being part of the same land and premises conveyed to the State of Vermont, Agency of Natural Resources, Department of Fish and Wildlife by the Warranty Deed of Vermont Transco LLC, dated July 24, 2014, and recorded in Book 153, Page 901 of the Town of Pittsford land records.

Reference is hereby made to the above-mentioned conveyance and records thereof and to the following instrument of conveyance in aid of a more complete description and further chain of title:

Warranty Deed from Edward Zelazny to Vermont Electric Power Company, Inc. dated December 13th, 2005, and recorded in Book 122, at Page 463 of the Town of Pittsford land records.

Warranty Deed from Edward J. Pomainville, Jr. to Vermont Electric Power Company, Inc. dated January 31, 2006, and recorded in Book 122, at Page 589 of the Town of Pittsford land records and being more particularly described as follows:

Being Parcel #401 consisting of rights and easements on land, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Pittsford NH 019-3(494) (“the Transportation Project”) to be recorded in the office of the Clerk of the Town of Pittsford.

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

A permanent easement in an area of 136 square meters (1,465 square feet), more or less, right of and between approximate stations 13+708.0 and 13+748.4 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/FW.

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/FW, 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 enter upon land of ANR/FW to install and maintain guy wires and anchors: at a point at or near and right of approximate station 13+720.1; and at a point at or near and right of approximate station 13+721.4, all stations are of the established centerline of the Transportation Project.

A temporary easement, during the period of construction, to enter upon land of ANR/FW, 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 as noted on the Transportation Project plans, and undertake general construction functions in an area of 46 square meters (495 square feet), more or less, right of and between approximate stations 13+731.4 and 13+748.4 of the established centerline of the Transportation Project.

A permanent easement, to extend and maintain highway slopes and embankments, in an area of 14 square meters (150 square feet), more or less, right of and between approximate stations 13+737.5 and 13+748.3 of the established centerline of the Transportation Project.

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 with or without the use of erosion control measures. VTrans shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff, and any 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 execution.

Dated February 16, 2026.