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41S
<br />Selectmen's Meeting February 4, 1974
<br />Page 272, the Town of Lexington, acting through its Board of Selectmen
<br />under the provisions of Chapter 504 of the Acts of 1897 and other
<br />specified statutes, has taken the perpetual rights and easements to
<br />lay, construct, inspect, repair, remove, replace, operate and forever
<br />maintain a sanitary sew or sewers with any manholes, pipes, culverts
<br />and other appurtenances, and to do all other acts incidental thereto
<br />including the right to pass along and over the land for the aforesaid
<br />purposes, in, through and under certain strips of land from an existing
<br />trunk sewer located about 1500 feet northwest of Bedford Street to the
<br />southerly terminus of Rangeway in said Lexington as shown on a. plan
<br />entitled "Pian of Sewer Easement from Rangeway to Existing Sewer
<br />Lexington, Mass.", dated December 11, 1967, John J. McSweeney, Town
<br />Engineer, recorded with said Deeds, Book 11485, Page 272; and
<br />WHEREAS, a part of said rights and easements so taken and a part
<br />of the construction easements described in said order are located
<br />within a strip of land in said Lexington over, across and upon'whlch
<br />rights and easements for electric transmission line purposes were
<br />granted to Boston Edison Company, a Massachusetts.corporation, by
<br />G.O. Anderson & Sons, Inc. by instrument.dated March 28, 1947, recorded
<br />with said Deeds, Book 7115, Page 464; and
<br />WHEREAS, State Street Bank and Trust Company, formerly State
<br />Street Trust Company and later Second Bank -State Street Trust Company,
<br />a Massachusetts banking corporation having its usual place of business
<br />in Boston, Suffolk County, Massachusetts, Trustee under an Indenture
<br />of Trust and First Mortgage by Boston Edison Company to it under its
<br />said former name "State Street Trust Company", dated as of.December 1.,
<br />1940, recorded, among other places, with said Deeds, Book 6446, Page 4,
<br />under all indentures supplemental thereto including, but not limited
<br />to, a Seventh Supplemental Indenture of Mortgage dated March 17, 1948,
<br />recorded with said Deeds, Book 7215, Page 512, and a Twentieth Supple-
<br />mental Indenture of Mortgage dated May 1, 1958,.recorded with said
<br />Deeds, Book 9140, Page 489, and a Financing Statement recorded with
<br />said Deeds, Book 9473, Page 568, is the holder of a mortgage'which
<br />includes said transmission line rights and easements; and
<br />WHEREAS, said Town of Lexington'and said Boston Edison Cwhpany have
<br />informally agreed as to the settlement of damages arising out of the
<br />taking by said Town of sewer and construction easements within said
<br />Boston Edison Company easement and as to the minimum distance from the
<br />Boston Edison Company towers, poles and other specified structures at
<br />which the Town shall construct and install its sewer and the minimum
<br />distance from the Town's sewer at which Boston Edison Company shall_in
<br />the future install towers, poles or other specified structures and now
<br />desire to formalize said agreements by this writing;
<br />NOW, THEREFORE, in consideration of one dollar ($1.00) each to the
<br />other in hand paid, receipt whereof is hereby acknowledged, and of the
<br />mutual agreements herein contained, said Town of Lexington and said
<br />Boston Edison Company agree as follows:
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