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Selectmen's Meeting February 4, 1974 NOW, THEREFORE, in consideration of one dollar ($1,00) each to the other'in hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows: 1. The Town of Lexington agrees that within the limits of said strips of land over, across and upon which said easements were granted to Boston Edison Company by said Dennis McNamara and by said Francis H. Maguire by the aforesaid instruments dated May 6, 1947 and May 3, 1947, respectively, the Town of Lexington will not construct or install any sewerlpipe, manhole, culvert or their appurtenances within a distance of fifteen (15) feet of any Boston Edison Company tower, pole or pole structure, or foundation for the same, installed prior to June 7, 1968, the -date -of the recording and registering of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures, or foundations for the same, within ,five (5) feet of any sewer pipe or its appurtenances constructed or in- stalled by the Town of Lexington within the sewer easement taken by said Town by said order dated May 27, 1968. 3. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Com- pany,formerly State Street Trust Company and later Second Bank -State Street Trust Company, Trustee under said Indenture of Trust and First Mortgage dated December 1, 1940 and all indentures supplemental thereto, hereby releases unto said Boston Edison Company and its successors and assigns from the operation of said mortgage and any mortgage or mort- gages supplemental thereto the rights and easements taken by the -;Town of Lexington by said order dated May 27, 1968, and on June 7, 1968 recorded with said Deeds, Book 11518, Page 657, and registered as Docu- ment No. 455681. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressed or implied, in law or in equity, and without recourse to it any event; and this release shall not in any way affect or im- pair the rights of said State Street Bank and Trust Company as Trustee aforesaid to hold under said indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby con- veyed ,and not hereby or heretofore released. 1 421