27.
<br />TOWN OF LEXINGTON.
<br />IN BOARD OF SELECTMEN.
<br />WHEREAS, by an order dated February 4, 1899, the Selectmen of
<br />this town granted to the Lexington and Boston Street Railway
<br />Company an original location of the tracks of its then proposed rail •
<br />way in this town, which railway has since been constructed and put
<br />in operation;
<br />AND WHEREAS, said Company is possessed also of other locations
<br />for its tracks in this town, among them being one on Woburn street
<br />from Massachusetts avenue to Lowell street, granted by order of the
<br />Selectmen dated respectively September 1 and September 28, 1900;
<br />AND WHEREAS, the Board of Directors of said Company has, by
<br />petition dated November 17, 1900, petitioned the undersigned
<br />Selectmen for a location for the extension of the tracks of the
<br />Company in this town on Woburn street, from Lowell street to the
<br />boundary line between Lexington and Woburn;
<br />AND WHEREAS, pursuant to notice duly given and published as
<br />required by law_ more than fourteen days prior to December 11,
<br />1900, a public hearing was given to all parties interested at the
<br />Town Hall in Lexington, on 'Tuesday, the 11th day of December,
<br />1900, at 7.30 o'clock p. m., at which place and time the undersigned
<br />Selectrnm met and considered said petition;
<br />AND WHEREAS, in their opinion public convenience and necessity
<br />require the granting (upon the terms, conditions, restrictions and
<br />obligations hereinafter incorporated) of a location for such extension
<br />of tracks as petitioned for, and the granting also of permission to use
<br />electricity as a motive power, with the right to erect and maintain
<br />poles, wires and other appliances therefor;
<br />28
<br />Now THEN, it is ordered that a location be and is hereby granted
<br />to said Lexington and Boston Street Railway Company for the ex-
<br />tension of its tracks on Woburn street on the northerly side thereof
<br />from the junction thereof with Lowell street to the boundary line
<br />between Lexington and Woburn; such location being for a single
<br />track street railway, including, however, such sidings, turnouts, curves
<br />and switches as may be convenient for the operation of the railway.
<br />Permission is also granted to use electricity as the motive power on
<br />the tracks to be constructed on said extended location, and to this
<br />end the right is given to said Company to construct and maintain in
<br />and upon said Woburn street such poles, wires and other appliances
<br />as may be adapted to the distribution and use of such power, and to
<br />the operation of the railway by means of the overhead electric
<br />system.
<br />The grants and rights herein made and conferred are subject to
<br />the special condition at the end hereof relative to widening the
<br />street, and also to the same terms, conditions and obligations (in
<br />addition to those applying to all street railways under the general
<br />provisions of law) that were by said orders of September 1, and
<br />September 28, 1900, made applicable to the locations therein
<br />granted; it being the intent hereof to snake the terms, conditions,
<br />restrictions and obligations imposed upon said Company in respect
<br />to the location and rights hereby granted the same as they would
<br />have been, had the petition on which said orders of September 1,
<br />and September 28, 1900, were based, and said orders themselves
<br />embraced and covered also the location and rights hereby granted,
<br />and contained the special condition at the end hereof, relative to
<br />widening the street, except that the concluding portion of Article
<br />Eighth in the order of September 28, 1900, shall be taken as if there
<br />were substituted for the words, "from Utica street to Lowell street,"
<br />the words, "from Utica Street to the Woburn Line," thus making
<br />said concluding portion, as herein incorporated, read as follows, viz :
<br />"And if the town shall hereafter macadamize Woburn street from
<br />Utica street to the Woburn line, or any part of that portion of
<br />
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