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HomeMy WebLinkAbout1937-07-01 514 Cr' ac SELECTMEN 'S MEETING July 1, 1937. A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 3: 30 P. M. Chairman Ferguson, Messrs. Giroux, Potter, Clark and Ross were present. The Clerk was also present. Ryder The Town Counsel appeared before the Board to discuss cases the matter of a proposed settlement in the various Ryder drainage cases. The Board signed the following order: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF AN EASEMENT UNDER THE ACTS OF 1926, CHAPTER 263 WHEREAS by Chapter 263 of the Acts of theear y 1926, entitled "An Act Relative to Improving the Surface and Ground Drainage in the Town of Lexington and in Adjoining Towns," said Town was authorized, among other things, by the construction of drains or otherwise to divert any sur- face or ground water into any brook, stream, pipe, conduit or channel; and for the purposes aforesaid purchase or take, in fee simple or otherwise, land or anyri t or easement in land including any brook, stream, pnd or water course or any part thereof; and Lex.Golf WHEREAS the said Town of Lexington duly accepted said Club & Mc- Act in the manner provided therein; and Phee ease- ment WHEREAS Charles E. Ferguson, Albert A. Ross, William G. Potter, Archibald R . Giroux and Philip M. Clark, citi- zens and residents of the said Town have been duly quali- fied and are now the duly elected, qualified and acting Board of Selectmen pursuant to law and the provisions of the Act above referred to; and WHEREAS the Town on the 22nd day of March, 1937, voted: That the sum of 419,600.00 be appropriated for the disposal of surface drainage by the construction of drains or con- duits and for that purpose to take lands or easements by Eminent Domain as follows: In private lands of Ellen ' . Welch, Lulu M. Blake, Heirs of Hallie C . Blake, and in Patriots Drive from the McIntosh drain at 24 Merriam Street to the manhole in the Right of Way off Hancock Street in the rear of land of Lena G. Dreselly; Reed Street and lands of Ernest E. Mac- Phee and the Lexington Co-operative Bank; Locust Avenue, Independence Avenue, and rnassachusetts Avenue to Curve Street and in such other streets and locations as the Sel- ectmen may designate. 515 WHEREAS the "electmen have determined the location of an easement required for the purpose of constructind and main- taining a drain with its appurtenances in lands of the Lex- ington Golf Club and Ernest E. NacPhee as follows: - The center line of the easement begins at the southwest- erly line of reed Street at a point which is 446.76 feet from the northwesterly terminus of a curve of 289.57 feet radius and extends thence across lands now or formerly of Ernest E. MacPhee and Lexington Golf Club south 51 degrees 48 minutes and 30 seconds west for a distance of 132.0 feet to the westerly bank of a brook or watercourse. The easement includes the land on both sides of the above described center line and within a distance of 5 feet therefrom. All as shown more particularly on a "Plan of Proposed Easement for Drain to Reed Street, Lexington, Mass . , April 29, 1937 Scale 1 inch = 40 feet, John T. Cosgrove, Town Engineer ' , and WHEREAS the easement and rights hereinafter taken are necessary for the said purpose; NOW, THEREFORE, the said Board of Selectmen acting for and on behalf of the said Town under the authority of the said Chapter 263 of the Acts of 1926 and of every other power them thereto enabling, do hereby take an easement for drain- age in the location above described and shown on said plan, including the right on the part of the said Town or its duly authorized agents from time to time to enter upon, dig up, open, excavate, install pipes, catch basins and manholes and inspect and repair the same and make connections thereto and including the right to convey such surface and underground water through said drain and appurtenances as may flow through said drain through any connections now or hereafter to be made thereto. 'he said Town being always bound to clear the grounds of all surplus materials and leave the surface in as smooth and good condition as at the time of entry. We determine that no damages have been sustained and none are awarded. TO HAVE AND TO HOLD the said easement and rights to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever. IN WITNESS WHEREOF the said board of Selectmen have here- unto subscribed their names this 1st day of July, 1937 . Charles E. Ferguson II William G. Potter Albert A. Ross Archibald R. Giroux Philip M. Clark 516 en ►.^1 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, July 6, 1937. Then personally appeared the above named Charles E. Ferguson, Albert A Ross, William G. Potter, Archibald R. Giroux, and Philip M. Clark and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Town of Lexington, before me, WILLIAM S . SCAArMAN Notary Public The Town Counsel stated that he had talked with Mr. Searle of the State Division of Accounts relative to the settlement of small claims. Mr. Searle did not mean that the Town did not have the authority to settle these claims but that as a matter of policy, he believed that the Town should not settle a claim no matter how small, unless it was absolutely sure of its liability even though it would cost more for legal fees than the Town could settle for. He thinks it is best to try the case if there is any doubt at all about liability. With reference to the Central Block, Mr. Wrightington said that he had not started anything. He has been rather pessimistic about going to Concord with it but has since Central decided that it was rather foolish not do do anything if Block considering the place as a health menace . The Chairman asked what he would accomplish by taking the case to Con- cord and he replied that if the Z own won and Scott did not appeal, there was a 420. penalty per day. Mr. Clark moved that the Town Counsel be instructed to proceed and take the case to the Concord Court. Mr. Giroux seconded the motion and it was so voted. Mr. Giroux moved that Joseph A. Ross be appointed a Appoint- member of the local Board under the Contributory Retirement ment Act for a period of one year beginning July 1st, 1937. Mr. Potter seconded the motion and it was so voted. Mr. Potter said that he had looked at the lot on Farm Crest Avenue which E. J. Morrison offered to purchase for 475.00 and he thought the offer was ridiculous. He Purchase thought the assessed value of the lot, ;k 75.00, was a of lot fair price. He thought that if the lot was sold for such a low price the people in the neighborhood might question the taxes on their property saying that if that lot was valued so low theirs should be valued likewise. He thought, however, that the board could put a price of li1250 00 on it in order to get the lot back into taxation. r. Giroux 517 1 moved that Ithe Chairman write Mr. Morrison that the Board considered the lot well worth the assessed valuation of 4375. but would accept 000. on it i_I, order to get it back into taxes. Mr.1 [toss seconded the motion and it was so voted. The meeting adjourned at 5:00 F. M. A true record, ''Attest: , Clerk. i