Laserfiche WebLink
423 <br />Selectmen's Meeting February 4, 1974 <br />the holder of a mortgage which includes said transmission line rights and <br />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 Boston <br />Edison Company easement and as to the minimum distance from the Boston <br />Edison Company towers, poles and other specified structures at which the <br />Town shall construct and install its sewer and the minimum distance from <br />the Tbwn's sewer at which Boston Edison Company shall in the future in- <br />stalltowers, poles or other specified structures and now desire to for- <br />malize said agreements by this writing: <br />NOW,THEREFOR, in consideration of one dollar ($1.00) each to the <br />other'In hand paid, receipt whereof is hereby acknowledged, and of the <br />mutual agreements herein contained, said Town of Lexington and said <br />Boston Edison Company agree as follows: <br />i. The Town of Lexington agrees that within the limits of said <br />strips of land over, across and upon which said easemepts were established <br />by said takings dated March 16, 1948 and within said siglips as extended <br />through said land of Boston Edison Company the Town of Lexington will not <br />construct or install any sewer pipe, manhole, culvert or their appurten- <br />anceswithin a distance of fifteen (15) feet of any Boston Edison Company <br />tower; pole or pole structure, or foundation for the same, installed <br />priorto December 17, 1971, the date of the recording and registering of <br />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 <br />the Town of Lexington within the sewer easement taken by said Town by said <br />order dated December 6; 1971. <br />5. 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 Trust Com- <br />pany,Trustee under said Indenture of Trust and First Mortgage dated <br />December 1, 1940 and all indentures supplemental thereto, hereby releases <br />unto said Boston Edison Company and its successors and assigns from the <br />operation of said mortgage and any mortgage or mortgages supplemental <br />thereto the rights and easements taken by the Town of'_Lexington by said <br />order dated December 6, 1971, and on December 17, 1971 recorded with said <br />Deeds, Book 12128, Page 432, and registered as Document No. 492994. <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 />expressed or 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 />