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HomeMy WebLinkAboutV 455 deedBK33572PG309 3 Tract No.: 2-087 i4MEPIDED AND RESTATEDEASEMENT WHEREAS, pursuant to the Last Will and Testament of Elinor M. Wolfson,. Middlesex Probate Court, Docket No. 95P2042, The Elinor M. Wolfson Revocable Trust, dated March 25;. 1992, asamended on November 2, 1994,. S. Kenneth Wolfson, Trustee, (recorded herewith,. .-, hereinafter, "Owner", is the holder of certain land (the "Burdened Parcel") located at 8 Douglas Road, Lexington, Middlesex County asdescribed more particularly in a deed recorded in the J Middlesex South District Registry of Deeds, at Book 21912, Page 288; WHEREAS, the Burdened Parcel is subject to an easement (the "Original Easement") to Colonial Beacon Oil Company, a Massachusetts corporation recorded with said Deeds in the. Middlesex South Registry District of Deeds and found at Book 6828, Page 243; WHEREAS, by an Assignment and Assumption Agreement between Exxon Mobil Corporation and C2C Fiber of Massachusetts, LLC, ("C2C"): the benefits of which are set forth in the Original Easement, have been assigned to 2C and tts successors and assigns; WHEREAS, C2C and Owner now desireto amend certain provisions in the Original Easement and to reconfirm other provisions of the Original Easement; NOW, THEREFORE, for and in consideration of Five. Hundred Dollars ($500.00) and other good and valuable consideration paid by C2C, the receipt and sufficiency of which is hereby acknowledged, Owner agrees to amend and restate the Original Easement by granting to C2C Fiber of Massachusetts, LLC, a Delaware corporation, whose address is 168 Ayer �Road - Littleton, Massachusetts, 01460, the exclusive right and easement to install, construe, in taut; operate, repair, replace and remove communications systems, together with the necessary ! conduits, cables, wires, and any other appurtenances thereto,. under and through the same portion ' of the Burdened Parcel encumbered by the original easement, for the transmission of data and. ,.I �. communications,. by C2C, its successors and assigns, and by others to whom C2C may, in whole d or in part, assign its rights to use such easement in common with, but under the direction of, p " C2C, together with a right of access across the Burdened Parcel for people and for equipment as is reasonably necessary for the purpose of exercising the rights herein gr anted. jExcept as otherwise restated and amended herein, the Original Easement is. hereby ratified and confirmed, and any use of the easement other than transmission of data 'I communications is extinguished. _ Notwithstanding the foregoing, nothing contained herein shall prevent Owner from enjoying the use of the Burdened Parcelfor all purposes, including but not limited to driveways and landscaping, which do not interfere with or prevent the use by C2C and its successors and assigns of the rights herein granted. MARGINAL R-rCRENC_E RF_ ,�K :=