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HomeMy WebLinkAbout1927-01-31-STM-MIN 109 SPECIAL • T O "► N MEETING • JANUi'LRY 31 , 1927 . • The meeting was called to order by Moderator Robert H . Holt 111 at 8 P . M . The Town Clerk proceeded to read the Warrant , but upon motion of Mr . Theodore A . Custance the further reading was disposed of . The Constables return was then read by the Town Clerk . ;according to the tally of the checkers at the door , 609 voters were present . Article 1 . On motion of Mr . Theodore Custance the following vote was passed ' under this article : Voted : That the communication addressed to the Selectmen under date of January , 1927 , by the Isaac Harris Cary Educational Fund , be received and accepted by the Town . Articles 2 and 3 . On motion of Mr . Theodore A . Custance articles 2 and 3 were taken up together . Under these articles Mr . Theodore A . Custance offered the follow- ing motion : Voted by the Inhabitants of the Town of Lexington in Town Meeting assembled ( 1 ) That , subject to the provisions contained in paragraph ( 2 ) of this vote , they will accept a deed of the land and Memorial Building offered to the Town in the communication addressed to the Selectmen under date. of January , 1927 , by the Isaac Harris Cary Erlucational Fund , which has been submitted to and considered at this meeting , the deed of gift to be in substantial conformity with the draft hereto annexed ; and ( 2 ) That the Selectmen are hereby authorized and directed in the name and on behalf of the Town presently to execute and deliver to Isaac Harris Cary Educational Fund an agreement binding the Town and its successors to care for , maintain and repair such Memorial Building as contemplated in the wills of Eliza Cary Farnham and Susanna E . Cary , and use the same in the manner and for the purposes therein expressed ; pro- vided , ho' vever , that the Isaac Harris Cary Educational Fund shall si - multanenutly deliver to the Selectmen for the Town an agreement whereby in case the Town shall fail to carry out its said agreement and the Fund shall in consequence take back the property , and there shall then be upon Lot W or Lot Y in the draft deed referred to a building or buildings erected by the Town , the Fund will sell the lot or lots on which any such buildings stand to the Town for what is then a fair price for the land , which in case the parties cannot agree upon the price shall be fixed by a majority of three arbitrators , one to be chosen by the Fund , one by the Town and the third by the two so chosen ; and on the completion of the purchase and the conveyance of the lot or lots by the said Fund to the Town , it shall release to the Town all interest . in the said buildings . Mr . Robert P . Clapp stated that the draft form of deed should be attached and made a part of the motion . Mr . Theodore A . Custance agreed to the inclusion . • 1 Os DRAFT FORM OF DEED Z KNOW ALL MEN BY THESE PRESENTS TH iT ' 'IIEREAS Isaac Harris Cary Educational Fund , a corporation created by and organized under Chapter 249 of the flats of 1921 , and holding in trust under the residuary clauses of the wills of Eliza Cary Farnham and Susanna E • Cary , which are hereafter more specifically referred to , the property and estate thereby derived and bequeathed , has , in exercise of the discretion vested in the Trustees under said '','ills , including said corporation as the sole successor Trustee in virtue of said act of incorporation , selected as a suitable site for the Memrial Building for which the wills provide the land herein described and to be hereby conveyed , and has now erected thereon said Memorial Building ; and WHEREAS the inhabitants of the Town of Lexington , prior to the completion' of the building , voted to accept a gift of said land and building in behalf of. the Town for the purposes set forth in said wills , with the further agreement that the Town would maintain the same in the manner and for the purposes in said wills expressed , a certified copy of which vote and agreement is hereto annexed ; NOW , Tntinnrti m , said Isanc Harris Cary Educational Fund , by virtue and in execution of the powers to the Trustees in and by said wills , and of every other power and authority said Isaac Harris Cary Educational Fund hereto enabling , and in consideration of the premises , hereby grant , bargain , sell and convey unto the Town of Lexington , a municipal corporation in the County of Middlesex and Commonwealth of - Massachusett9 , the following described lot of land , containing about 126 , 706 square feet , with the Memorial Building thereon , viz : ( Description to be inserted here . ) For a more complete description of the land conveyed reference is made to Lots 'r�� X and Y shown on a plan entitled " Land Belonging to the Isaac Harris Cary Educational Fund , Lexington , Mass . , " dated December 15 , 1926 . The wills herein referred to are ( 1 ) will d' Eliza Cary Farnham , admitted to probate June 5 , 1918 , in the Surrogates ' Court of the County of New York , State of New York ; and ( 2 ) will of Susanna E . Cary , proved and allowed May 29 , 1913 , in the Probate Court for the County of Suffolk , Commonwealth of. Massachusetts . TO HAVE AND TO HOLD unto said Town of Lexington and Its successors forever for the purposes expressed in said wills of Eliza Cary Farnham and Susanna Cary respectively . This conveyance is made upon the condition that said Town shall care • perpetually for , maintain and repair said Memorial Building , and use the s ame. in the mariner and for the purposes aforesaid ; and by its acceptance of this deed said Town binds itself and its successors to a faithful observance of this condition . IN "FITNESS WHEREOF said Isaac Harris Cary Educational Fund has caused these presents to be signed in its name and behalf by respectively its President and Treasurer , and its corporate seal to be hereto affixed and attested by its Clerk , all hereunto duly authorized by vote of the Trustees of the dorporation , this day of 192 Isaac Harris Cary Educational Fund Ill / By President Attest : Treasurer Clerk. 4 __ . • - _ _ - s ria ` .-a-,4a. lii Stereopticon views of the Building were shown on a screen before the audience , and Mr . Willard D . Brown , Architect , pointed out the details of construction of the proposed Memorial Build_ i ng . Remarks were made by each of the Selectmen , Theodore A . Custance , Albert H . Burnham , Charles H . Miles , James G . Rbertson , and William F . Ballard , about the history of the Town Hall , the many gifts to the Town by the Cary Family , the financial standing of the Town and the Maintenance and operation of the proposed building . Each of the speakers favored the passage of the vole under consideration . Messrs . Francis Chamberlain , Arthur N . Maddison , David J . Maloney , Fred H . Moulton , and Philip Leaf spoke in favor of • the acceptance of this munificent gift , the finest of its kind ever offered to the Town . Mr . Patrick Flynn opposed the acceptance . A Yes and No vote was taken upon the acceptance , and the motion as offered by Mr . Theodore A . Custance , with the draft form of deed included , was passed with but very few dissenting votes , at 9 : 18 P . M . • . t-krticle 4 . On motion of Mr . Edwin B . 'Worthen it was unanimously at • 9 : 20 2 . 7 . Voted : That a committee of eleven be appointed to consider the advisability of the erection of a town office building , or of repairs to , or sate or other disposition of the Town Hall building or property , said committee to consist of the five Selectmen and six citizens to be appointed by the Moderator . ink ttee U7� i te� pill H , B-� 11� d �jibe t3 . Wpnn Arit �I .ac xison, t�� . I,Ibun, dwin , f or �hen ,Lib " 1�L �y , �� nrt Ii . m, Jar s 26tPgilip. egP8111° Franca, sChamberlain , I . C . i�oop � r & ±neoc oreLArticle 5n . Theodore A . Custance zt was voted to IIIindefinitely postpone this article . - Custance . The meeting dissolved at 9 : 22 P . 1 . A true record , 1L t ' . r- ;; t : ?LI'CA(aA;71 , Town Clark . • • . 4- - .