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NO. R-129. JOINT RESOLUTION RELATING TO DEPARTMENT OF FORESTS, PARKS AND RECREATION PROPERTY TRANSACTIONS.

(J.R.H. 85)

Offered by: Committee on Institutions.

Resolved by the Senate and House of Representatives:

That notwithstanding provisions of section 104 of Title 29, any net proceeds of any transactions authorized by this resolution shall be deposited in the agency of natural resources' land acquisition special fund and held by the state treasurer for use by the agency in acquiring conservation lands as authorized by the general assembly, and be it further

Resolved: That the commissioner of forests, parks and recreation is authorized:

(1) To convey a right-of-way across a portion of the French Hill Block of Mt. Mansfield State Forest in the Town of Johnson to the multiple owners of the adjacent Cross property. In exchange, two rights-of-way across the Cross property shall be conveyed to the state that would provide access to adjacent parcels of Mt. Mansfield State Forest. Said rights-of-way are intended to provide access for forest management and traditional recreation purposes for the respective parties.

(2) To grant a permanent right-of-way to Glen and Carol O'Brien across state-owned land located within Groton State Forest in the Town of Groton. The written instrument conveying this right-of-way shall confirm the common boundaries of the O'Brien and state-owned properties.

(3) To convey an easement to Vermont Electric Coop to accommodate buried power lines across state-owned land located within Lake Carmi State Park in Franklin, that is currently authorized via a ten-year license.

(4) To convey an easement to Vergennes-Panton Water District to accommodate a buried water line across state-owned land located within Button Bay State Park in Vergennes, that is currently authorized via a ten-year license.

(5) To enter into an exchange of land or interests in land with Jay Peak, Inc. whereby the state would convey a portion of Jay State Forest, located in the Town of Jay, to Jay Peak, Inc. in exchange for land or interests in land from Jay Peak, Inc. The appraised value of any lands or interests in land conveyed to the state by Jay Peak, Inc. shall be at least equal to the appraised value of any land or interest in land conveyed to Jay Peak, Inc. by the state. The configuration of the leasehold perimeter contained in the lease between Jay Peak, Inc. and the state shall be amended to reflect the exchange of land or interests in land authorized by this subdivision.

(6) To enter into an exchange of water rights with the Town of Stowe at Mt. Mansfield State Forest in Stowe, whereby the state will surrender rights it possesses to a source of well water located on private property, in exchange for rights to use a source of water on land owned by the Town of Stowe.

(7) To enter into an exchange of land with, or grant an easement to, the estate of Lucy B. McKinley at Camel's Hump State Forest in the Town of Fayston.

(8) To amend the lease between the state and Smugglers' Notch Management Company, Ltd. at Mt. Mansfield State Forest in the Town of Cambridge, by removing a small portion of land and substituting it with a parcel of land equal in size.

(9) To amend the lease between the state and Killington, Ltd. whereby a 9,411-square foot parcel of land to be conveyed to the state by Killington, Ltd. shall be merged into and made a part of the present leasehold.

(10) To convey, as required by the Vermont housing and conservation board grant conditions for the Green River Reservoir acquisition project (VHCB Grant #99-027), a conservation easement on the approximately

5,100-acre Green River Reservoir property to the Vermont housing and conservation board and The Nature Conservancy.

(11) To convey an easement across lands of the Mt. Mansfield State Forest at the Vermont State Ski Dorm to Mt. Mansfield Company for the purpose of installing a storm drainage pipeline subject to the following conditions:

(A) The easement shall be no wider than 20 feet and shall be exclusively for the installation of a subsurface storm drainage pipeline. The state shall retain the full right to use the surface area of the easement lands, provided the state does not interfere unreasonably with Mt. Mansfield Company use or maintenance of the subsurface pipeline.

(B) Mt. Mansfield Company shall allow the state to connect a foundation drainage system from the Ski Dorm to the storm drain pipeline and shall provide for the mechanism to do so.

(C) The easement shall not be deeded until an Act 250 permit and other permits have been issued for the proposed project.