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422
<br />Selectmen's Meeting February 4, 1974
<br />PART 111
<br />WHEREAS, by order of taking dated December 6, 1971, and on December
<br />17, 1971 recorded with Middlesex South District Registry of Deeds, Book
<br />12128, Page 432, and registered in Middlesex South Land Registry District
<br />as Document No. 492994, the Town of Lexington, acting through its Board
<br />of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and
<br />other specified statutes, has taken the perpetual rights and easements to
<br />lay, construct, inspect, repair, remove, replace, operate and forever
<br />maintain a sanitary sewer or sewers with any manholes, pipes, culverts
<br />and other appurtenances, and to do all other acts incidental thereto in-
<br />cluding 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 Lexington
<br />from an existing sewer mainalong the northwesterly side of Route 128 to
<br />an existing sewer main northwesterly of Patterson Road as shown -on a
<br />plan entitled "Plan of Sewer Easement from Northwesterly of Patterson
<br />Road to Along the Northwesterly Side Line of Route 128 Lexington, Mass.",
<br />dated June 5, 1971, John J. McSweeney, Town Engineer, recorded with said
<br />Deeds, Book 12128, Page 432; and
<br />WHEREAS, a part of said rights and easements so taken are located
<br />within a strip of land in said Lexington over, across and upon which
<br />rights and easements for electric transmission line purposes were estab-
<br />lished by a taking by said Boston Edison Company dated March 16, 1948,
<br />recorded with said Deeds, Book 7243, Page 390, and confirmed by grant
<br />from John D. Polley et ux dated November 24, 1951, recorded with said
<br />Deeds, Book 8023, Page 465, and a part of said rights and easements so
<br />taken are located within land of said Boston Edison Company described
<br />in a deed to it from Edwin John Lee dated April 10, 1947, recordedwith
<br />said Deeds, Book 8779, Page 583, and a part of said rights and easements
<br />so taken are located within a strip of land in said Lexington over,
<br />across and upon which rights and easements for electric transmission
<br />line purposes were established by a taking by said Boston Edison Company
<br />dated March 16, 1948, registered with Middlesex South'Land Registry Dis-
<br />trict as Document No. 219844 and confirmed by grant from Vincent N,-
<br />Bellizia dated March 25, 1952, registered as Document No. 258706, both
<br />of which documents are noted on Certificate of Title No. 42897, filed in
<br />said Land Registration Office in Registration Book 287, Page 177; and
<br />WHEREAS; State Street Bank and Trust Company, formerly State Street
<br />Trust Company and later Second Bank -State Street Trust Company, a Massa-
<br />chusetts 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 and under its
<br />said former name "State Street Trust Company", dated December 1, 1940,
<br />filed, among other places, in said Land Registration Office as Document
<br />No. 169012, and under all indentures supplemental thereto including,
<br />but not limited to, those filed as Document Nos. 228780, 238961, 257712,
<br />261470, 284171, 292304, 304484, 319017, 347470, 360944, 373670, 379936,
<br />402175, 419087, 426178, 439240, 444816, 461333, 471728, and 476977, is
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