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`i19 <br />Selectmen's Meeting <br />February 4, 1974 <br />i. The Town of Lexington agrees that within the limits of said strip <br />of land over, across and upon which said rights and easements were granted <br />to Boston Edison Company by G.O. Anderson & Sons, Inc. 19* the aforesaid <br />instrument dated March 28, 1947, the Town of Lexington will not construct <br />or install any sewer pipe, manhole, culvert or their appurtenances within <br />a distance of fifteen (15) feet of any Boston Edison Company tower, pole <br />or pole structure, or foundation for the same, installed prior to April 1, <br />1968, the date of the recording of the aforesaid order of taking. <br />2. The Boston Edison Company agrees that it will not install towers <br />or poles or pole structures, or foundations for the same, within five (5) <br />feet',of any sewer pipe or its appurtenances constructed or installed by the <br />Town of Lexington within the sewer easement taken by said Town by saidc.order <br />dated March 18, 1968. <br />3. Boston Edison Company hereby agrees to release and does hereby <br />release and discharge said Town of Lexington and its boards, officers, <br />agents and employees from any and all claims, demands, actions and causes <br />of action for damages, compensation or otherwise by reason of or relating <br />to said taking and the land therein described. <br />And for consideration paid, said State Street Bank and Trust Company, <br />formerly State Street Trust Company and later Second Bank -State Street <br />Trust Company, Trustee under said indenture of Trust and First Mortgage <br />dated, December 1, 1940, said indentures supplemental thereto and said <br />Financing Statement, hereby releases unto said Boston Edison Company and <br />its Successors and assigns from the operation of said mortgage, any <br />mortgage or mortgages supplemental thereto and said Financing Statement <br />the rights and easements taken by the Town of Lexington by said order <br />dated March 18, 1968, and on April 1, 1968, recorded with said Deeds, <br />Book 11485, Page 272. <br />This release is made without covenants or warranties on the part of <br />said State Street Bank and Trust Company as Trustee as aforesaid, either <br />expressedor implied, in law or in equity, and without recourse to it in <br />any event; and this release shall not in any way affect or impair the <br />rights of said State Street Bank and Trust Company as Trustee as aforesaid <br />to hold under said Indenture and any indentures supplemental thereto, upon <br />the terms and conditions and in the manner and for the purposes therein <br />expressed, the remainder of the premises thereby conveyed and not hereby <br />or heretofore released. <br />PART 11 <br />WHEREAS, by order of taking dated May 27, 1968, and on June 7, 1968 <br />recorded with Middlesex South District Registry of Deeds, Book 11518, <br />Page '657, and registered in Middlesex South Land Registry District as <br />Document No. 455681, the Town of Lexington, acting through its Board of <br />Selectmen under the provisions of Chapter 504 of the Acts of 1897 and <br />other specified statues, has taken the perpetual rights and easements to <br />lay, construct, inspect, repair, remove, replace, operate and forever <br />