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4'2 U
<br />Selectmen's Meeting February 4, 1974
<br />maintain a sanitary sewer 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 a certain strip of land in said Lexing-
<br />ton from land of the Town of Lexington abutting on the northwesterly, side
<br />line of the Northern Circumferential Highway (Route 128) to Hartwell
<br />Avenue as shown on a plan entitled "Plan of Sewer Easement from Northern
<br />Circumferential Highway to Hartwell Avenue Lexington, Mass.", dated
<br />December 12, 1967, John J. McSweeney, Town Engineer, recorded with said
<br />Deeds, Book 11518, Page 657; and
<br />WHEREAS, a part of said rights and easements so taken and a part of
<br />the construction easements described in said order are located within a
<br />strip of land in said Lexington over, across and upon which rights and
<br />easements for electric transmission line purposes were granted to Boston
<br />Edison Company, a Massachusetts corporation, by Dennis McNamara by instru-
<br />ment dated May 6, 1947, recorded with said Deeds, Book 7130, Page 330, and
<br />a part of said rights and easements so taken and a part of the construction
<br />easements described in said order are located within a strip of land in
<br />said Lexington over, across and upon which rights and easements for elec-
<br />tric transmission line purposes were granted to said Boston Edison Company
<br />by Francis H. Maguire by instrument dated May 3, 1947 registered as Docu-
<br />ment No. 212691 noted on Certificate of Title No. 28564, Registration Book
<br />191, Page 217, and also noted on Certificate of Title No. 72175 filed in
<br />said Land Registration Office in Registration Book 481, Page 589; and.
<br />WHEREAS, State Street Bank and Trust Company, formerly State Street
<br />Trust Company and later Second Bank -State Street Trust Company, a
<br />Massachusetts banking corporation having its usual place of business in
<br />Boston, Suffolk County, Massachusetts, Trustee under an Indenture of
<br />Trust and First Mortgage by Boston Edison Company'to it under its said
<br />former name "State Street Trust Company", dated December 1, 1940, filed
<br />among other places, in said Land Registration Office as Document No.
<br />169012, and under all indentures supplemental thereto including, but
<br />not limited to, those so filed as Document Nos. 219835, 228780, 238961,
<br />257712, 261470, 284171, 292304, 304484, 319017, 347470, 360944, 373670,
<br />379936, 402175, 419087, 426178, 439240, 444816, 461333, 471728, and
<br />476977, is the holder of a mortgage which includes. said transmission
<br />line rights and easements; and
<br />WHEREAS, said Town of Lexington and said Boston Edison Company 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:
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