`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 />
|