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HomeMy WebLinkAbout1941-05-12�V SELECTMEN'S MEETING May 120 1941. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, May 12, 1941 at 7t30 P. M. Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. At 7145 P. M. hearing was declared open upon the peti- Pole tion of the Boston Edison Co. for permission to locate one 'location pole on Bedford Street at Larchmont Lane. No persons ap- pearing in favor or in opposition, it was voted to grant the permit. At 7:50 P. M. Mr. Lawrence Devine, a welfare recipient, appeared before the Board to discuss his needs. He retired at 8:00 e. M. Mr. Paxton appeared before the Board. He said that the Sacred Heart Church had requested the use of Cary Hall on Use of April 17, 1942. Mr. Rowse moved that the use of the Hall be Hall granted, subject to a fee of $15.00 and subject to some em- ergency use. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that Mr. Rupert H. Stevens had requested Gas the use of the Town's gas shovel for digging a gas trench in shovel the Tower Development. rental Mr. Potter moved that Mr. Stevens be allowed to hire the shovel subject to the usual charge. Mr. Sarano seconded the motion, and it was so voted. 0 Mr. James J. Carroll appeared before the Board for the Juror drawing of a juror to serve on Criminal Business, Second Session, at Cambridge beginning June 2, 1941. Mr. Herbert E. Stone, Jr. of 185 Burlington Street was the juror drawn. At 7:30 P. M. hearing was declared open upon the appli- cation of the Middlesex and Boston St. Railway Company for permission to increase the capacity of underground tanks for storage of gasoline, on premises located at 169 Bedford St., from 2,000 gallons to 5,000 gallons. Mr. Leon Garfield rep- resenting the Railway Company appeared. The notice of the hearing was read by the Chairman. Mr. Garfield said that the Middlesex Colonial Beacon Oil Company had requested his company to in - St. Ry. crease the storage capacity so that it would not be necessary hearing to make so many trips. No persons appearing in opposition, upon motion of Mr. Locke, seconded by Mr. Sarano, it was voted to,grant the per- mit subject to the approval of the Chief of the Fire Depart- ment, Mr. Garfield retired at 7:35 P. M. At 7145 P. M. hearing was declared open upon the peti- Pole tion of the Boston Edison Co. for permission to locate one 'location pole on Bedford Street at Larchmont Lane. No persons ap- pearing in favor or in opposition, it was voted to grant the permit. At 7:50 P. M. Mr. Lawrence Devine, a welfare recipient, appeared before the Board to discuss his needs. He retired at 8:00 e. M. Mr. Paxton appeared before the Board. He said that the Sacred Heart Church had requested the use of Cary Hall on Use of April 17, 1942. Mr. Rowse moved that the use of the Hall be Hall granted, subject to a fee of $15.00 and subject to some em- ergency use. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that Mr. Rupert H. Stevens had requested Gas the use of the Town's gas shovel for digging a gas trench in shovel the Tower Development. rental Mr. Potter moved that Mr. Stevens be allowed to hire the shovel subject to the usual charge. Mr. Sarano seconded the motion, and it was so voted. 0 Mr. Paxton submitted the following bids which he received on the purchase of a two -ton truck. List Price Allowance Net F. K. Johnson, Inc. $1093.65 $100.00 $993.65 Calvin W. Childs 1283.80 225.00 1058.80 Sterling Federal 1375.00 180.00 1195.00 International 1185.73 125.00 1060.73 Mack 1757.00 240.00 1517.00 Johnson Pontiac Co. One 1-i to 2 ton 1402.13 125.00 1275.13 Two 2 to 212 ton 1641.13 125.00 1516.13 Mr. Paxton said he thought the Town would get $100.00 to $125.00 wofth of use with the 1935 dump truck in the next six months and he didn't think it ought to be turned in. Mr. Potter said that the cost per mile on a Chevrolet truck would be much less than the cost on a Federal and that the cost on upkeep of parts would be much less. Mr. Rowse asked Mr. Paxton why he said originally he wanted to turn in the 1935 truck if he thought it had so much life left in it. Mr. Paxton said he still thought the truck should be turned in, but that it car- tainly was worth more than $100.00 and that the Town could get more than that value with it: He said that assuming that the cost of operation of the truck was $3.00 per day, the Town would get $100.00 worth of use in one month. Mr. Rowse moved t1lat the Chevrolet truck be purchased with- out turning in the old truck with the understanding that no money would be spent on the old one, and it was so voted. Mr. Potter said he thought that the Board should either let him keep the truck and spend what money was needed on it, without going into major repairs, or turn it in. Mr. Sarano moved that the vote be rescinded. Mr. Locke seconded the motion, and it was so voted. Mr. Potter moved that Mr. Paxton be authorized to turn in the 1935 truck at not less than $125.00 turn -in value and pur- chase the Chevrolet truck with the 93 horsepower motor, large radiator and fish lates, and that Mr. Paxton be authorized to pay not more than 120.00 more to cover the extra items, or a total of $1013.65. Mr. Sarano seconded the motion, and it was so voted. Bids were received on a 3/4 ton truck as followss List Price Allowance Net F. K. Johnson, Inc. $ $ $564.95 Calvin W. Childs 805.14 125.00 680.14 Johnson Pontiac Co. 806.91 75.00 731.91 International 743.10 35.00 708.10 Mr. Sarano moved that the bid of F. K. Johnson, Inc. be accepted. Mr. Potter seconded the motion, and it was so voted. BE Truck bids Lights at Public Wks. Bldg. Sidewalk at Hunt Block Mr. Paxton said that the electric light fixtures at the Public Works Building had caused considerable trouble and a new system of rewiring was recommended. One firm made the suggestion that instead of chain fixtures, pen- dant fixtures be installed. This is the most efficient method of taking care of this kind of lighting.' Three bids were obtained as follows: Chain Pendant R. W. LeBaron Co.(Arlington) $225.00 $286.25 Hawes Electric Co.(Watertown) 227.00 John Moakley (Lexington) $165.00 250.00 Mr. Paxton talked with Mr. Bills and he recommended the pendant type. Mr. Paxton said that the money in the account was very low and that there was not sufficient allowed under Equipment and Repairs to pay for this electrical work and that a transfer would be needed in the fall. Mr. Rowse asked if there was something that he could do without in order to have this work done. Ht replied in the negative. It was his opinion that this work would overdraw the account 0250.00. The matter was held over for one week. Mr. Paxton said he had had a conference with Mr. Knipe relative to the Board of Survey hearing next Monday evening. Mr. Knipe wanted to know if the bond could be the same amount as the cost of the work, which Mr. Paxton figured would be about 01500.00. Mr. Knipe also wanted to know if the time limit could be set at November lst. Mr. Paxton said he approved of both of these requests and the Board had no objection. Mr. Paxton said that Mr. William Hunt had requested betterment sidewalk construction in front of the Hunt Block, Mr. Cosgrove has made a study of the grades. Mr. Hunt is interested in raising the curbing to eliminate the slope. Mr. Cosgrove thinks it is impossible to change the grade. The Chairman said that unless the slope could be changed, there would be a concrete sidewalk with a bad slope which would make it more slippery than ever. Mr. Paxton said that at Martin's drugstore the walk could be fixed rather well, but not much could be done at the' other end and there is a difference in grade of approximately 18 to 19 inches between the two ends of the sidewalk. Mr. Hunt feels it would be a simple matter to raise the curbing as much as 6 inches in some places and adjust the street to fit the curbing. Mr. Paxton said he would like to 4ork out something to take care of the situation, but he thought it would be a waste of the Town's money and Mr. Hunt's to put a granolithic sidewalk in. He suggested that some of the kinks in the brick sidewalk be taken out, but Mr. Hunt did not want that. • The Chairman said that the whole of Lexington center should be engineered and everything done to proper grade. However, he said that that probably would not be done until the Hunt Block was torn down. Mr. Paxton was requested to explain the matter to Mr. Hunt and Messrs. Martin and Bateman who are anxious for the new sidewalk. Mr. Paxton said that Mr. Cosgrove had called his attention to Lots 5 and 6 in the Marvin Development on which there was a hearing before the Board of Appeals. The petition was to divide the lot so that two houses could be built upon it, although they did not have the required 12,500 square feet in area. The Board of Appeals denied the petition and Mr. Cosgrove felt that the Board of Appeals must have got the wrong impression. If Marvin was allowed to cut this lot in two, it would mean that Smyth Street could be made a through street. Mr. Paxton said that it would be of great benefit to the Town if it were allowed, as surface water drainage and sewage would undoubtedly be put in and there would be a through way for plowing. Mr. Locke said that he had viewed the locus and it was hard to visualize two lots made out of this one because of the grade. No action was taken on the matter. Re: Marvin hearing At 8:45 P. M. hearing was declared open upon the petition of the Boston Edison Co. for permission to erect one pole on • Mass. Avenue, approximately 65 feet west of Parker Street. No Pole persons appeared in favor of; in opposition. location Mr. Potter moved that the petition be granted. Mr. Locke seconded the motion, and it was so voted. A letter was received from Mr. W. S.Couette calling to the Board's attention that the drainage from the streets sur- rounding the Blake "Castle" property had entered upon said property causing a condition where the average water table was one foot below the surface. He requested that the Board make a study of the matter and eliminate the condition. Mr. Paxton was instructed to discuss the matter with Mr. Cosgrove and Mr. Wrightington and to appear with them before the Board next Monday to discuss the matter further. Mr. Sarano said that the Chamber of Commerce f elt that the buses stopping in the middle of the street did more to retard traffic than anything else. He said that it was im- possible for the buses to get into the curb in front of Marshall's as the post had two signs on it; one, "Bus Stop" and the other "One Hour Parking". Mr. Paxton was requested to remove the "One Hour Parking" sign. He said that there was a bus stop in front of the Fruit Spot and the bus could not get into the curb because of parked cars. It was sug- gested that the bus stop be put in front of the Edison plant. • Blake "Castle" water table Bus stops The Chairman said he believed the buses should be forced to discharge their passengers before they get up to the center and then they could get through the green light. Mr. Sarano said he was told that no matter what the Town wanted, the Middlesex and Boston St. Railway Co. to do, it would do as it pleased anyway. Mr. Paxton said he could not understand this as he had always found the Middlesex & Boston very cooperative. The Chairman asked him to look in- to the matter and report next week. The Chairman asked Mr. Paxton if he had taken over full control of the W.P.A. and he replied in the affirmative. Adams The Chairman said that the question of the light at the School Adams School had been brought up again and he requested Mr. light Paxton to check on it. Mr. Paxton retired at 9107 P. M. Mr. Morse appeared before the Board at 9:07 P. M. and retired at 9:55 P. M. Mr. Lamont appeared before the Board. He said he wanted to discuss the matter of DeVincents piling fertilizer on their land across from Seiler's 1775 House. He said that they had been very cooperative this spring and had bothered Seiler's only three days. Last fall DeVincent the family did violate the law by piling the fertilizer with - fertilizer in 500 feet of the street, but as far as Mr. Lamont knew, he had a perfect right to spread it. Mr. Mann of Seiler's requested Mr. Lamont to bring the matter before the Board tonight. The Chairman told Mr.Lamont to tell Mr. Mann that Mr. Potter would go over to call on Mr. DeVincent to see if he could get him to do everything possible to eliminate the nuisance of odor. Mr. Lamont asked the Board whether or not he was supposed to authorize purchase of equipment for Peter Canessa. The Chairman said that Mr. Canessa had a monopoly on the cesspool Re:Canessa cleaning business and he wondered why the Town should buy his equipment equipment. Mr. Canessa told Mr. Lamont that he had made an agreement with Mr. Harrison in 1923 whereby the only thing Canessa was to furnish was the horses and the Town was to furnish all equipment. The Board told Mr. Lamont to tell Mr. Canessa that it expected him to furnish his own minor equip- ment and submit a request for any major equipment. Mr. Lamont was also told to instruct Mr. Canessa to submit a report of his activities every month. Mr. Lamont said that Mr. Walter Rose had requested per- mission to keep 75 poultry and two goats at 6 Tewksbury St. A letter was received from Mr. Howard E. Custance of 2 Tewksbury Street complaining that Mr. Rose's roosters crowed very early in the morning and were a nuisance. He also said • • 0 that Mr. Rose was keeping goats without a permit under none too sanitary conditions. He also said that Mr. Rose had built several buildings in the last few years without a permit and in violation of the building laws. Mr. Lamont said that Mr. Rose keeps promising to get rid of the roosters but he has not done so. Mr. Lamont said that this was a residential neighborhood and he did not believe that the permit should be granted. It was decided to get a re- port from the Building Inspector before taking any action on the application. Mr. Lamont retired at 10s12 P. M. A letter was received from the First Parish Church thank- ing the Board for reducing the July, 1940 water bill. A financial report of the school lunch project for April was received. Im Complaint about Rose roosters A letter was received from the United States Flag Associa- tion advising that Flag Week would be held June 8 to June 14 and requested the appointment of a committee to take charge of the observance. The Clerk was instructed to request the Flag week Allied Veterans Council to appoint a committee and to advise the Selectmen of the committee. A notice was received from Messrs. William H. Driscoll Salary and George W. Nary advising that they would be willing to Committee serve on the salary committee. Mr. Philip Clark wrote that he would not be able to serve on this committee. Mr. Wrightington's bill in the amount of $152.00 for services and disbursements in the case of Matthews v. Weisinger was received. Mr. Rowse moved that the bill be approved. Mr. Sarano seconded the motion, and it was so voted. A letter was received from the Outlook Club thanking the Board for the use of Cory Hall and advising that it had been Outlook voted to go back to the Belfry Club for meetings for the en- Club suing year. The report of the Audit for the year 1940, made by the Massachusetts Director of Accounts, was received. The Chair- man called the Board's attention to a paragraph recommending that a determined effort be made to collect the outstanding water guarantees and the Westview Cemetery accounts. The Clerk was instructed to call the Tax Collector's attention to this and to instruct him to do everything possible to secure payment of these outstanding accounts. She was also instructed to request Mr. Ross to prepare a report on the water guarantees and to bring it before the Board. Report of Audit for 1940 F The Chairman said that about 600 members of the U.S. I'U.S. Pro- Probation Officers Association would make a visit to Lex- bation ington on May 30th and he thought itwouldbe fitting to iOfficers have the flags up. The Clerk was instructed to request all departments to fly all flags on May 30th. Mr. Potter moved that the following licenses be granted. Mr. Locke seconded the motion and it was so voted. Kenneth H. Tefft, 118 Cedar St. Peddler's Renewal Jane Foley, 414 Marrett Rd., Common Victualler's Renewal Licenses Min. Man Golf Club, Concord Ave. " James T. McGann, 156 Woburn St, Public Carriage Jesse Meadows, 536 Mass. Ave. Junk collector John Sullivan, 2407 Mass. Ave. 75 Swine Mr. Sarano said that Mr. Jesse Meadows wanted to renew his junk license but he had no funds. He will receive $75. about June 15th for his services as a volunteer fireman and will pay the f ee then. The Board thought that this would be all right Mr. Garrity is worried about spraying as the elm leaf beetle is causing more damage than he expected. He is get- ting after this pest and will not be able to do his regular spraying in the fall. The Chairman suggested that Mr. Garrity come in next week and discuss the matter. Flowers Mr. Locke moved that a bill in the amount of $5.00 for flowers sent to the family of Edward O'Connor be approved and charged to the Unclassified Account. Mr. Potter seconded the motion, and it was so voted. The Chairman said that Mr. Gordon Richards and Mr. Charles E. Ferguson had brought up again the question of appointing a full-time Building Inspector. He wondered if it might be feasible to combine the office of Plumbing and Building Inspector. No action was taken on the matter. Abatement of water rates were signed. The following orders were signed: Patriots Drive, Paul Revere Road, Sutherland Road, Cherry Street, Cary Street, Smyth,Street, Taft Avenue, and Aerial Street. • • • COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 12th day of May, 1941, it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington, having determined and adjudged that common conven- ience and necessity require that a town way be laid out in the location hereinafter described and having complied with the requirements of law relating to notice, did on the 17th day of March, 1941, lay out as a town way the way known as Patriots Drive, from Merriam Street a distance of approxi- mately 793 feet, accordingly and duly filed their report of such laying out with the boundaries and the measurements of the same in the office of the Town Clerk on the 24th day of March, 1941, and whereas at a town meeting duly called, warned, and held on the 31st day of March, 1941 and adjourned to the 7th day of April, 1941, in accordance with the provisions of law applicable thereto, it was VO'T'ED That the Town accept the layout as a town way of Patriots Drive, from Merriam Street a distance of approximately 793 feet, as laid out by the Selectmen, and shown upon a plan on file in the office of the Town Clerk dated February 27, 1941. NOW THEREFOR, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 79 of the General Laws and of any and every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a town way for the use of said Town of Lexington, the land in said town bounded and described as follows: The easterly line of Patriots Drive begins at a point in the northwesterly line of Merriam Street, said point being southwesterly and 501.51 feet from a stone bound, thence bear- ing to the right with a curve of 30.00 feet radius distant 46.57 feet to a point of tangency, thence N. 390 331 30" W. distant 120.15 feet to a point of curvature, thence bearing to the right with a curve of 24.58 feet radius distant 32.58 feet to a point of tangency, thence N. 360 241 E, distant 326.35 feet to a point of curvature, thence bearing to the left with a curve of 311.98 feet radius distant 157.18 feet to a point of tangency, thence N, 70 32f 02" E. distant 123.35 feet to a point of curva- ture, thence bearing to the right with a curve of 510.67 feet radius distant 141.57 feet to a point of tangency, thence N. 230 251 02" E; distant 125.46 feet to a point of curvature, thence bearing to the right with a curve of 21,71 feet radius distant 31.44 feet to a point, in the southwesterly line of Edgewood Road. The westerly line of Patriots Drive begins at a point in the northwesterly line of Merriam Street, thence N. 390 33' 30" W, distant 148.86 feet to a point of curvature, thence bearing to the right with a curve of 64.58 feet radius dis- tant 85.61 feet to a point of tangency, thence N. 360 241 E. distant 326.35 feet to a point of curvature, thence bearing to the left with a curve of 271.98 feet radius distant 137.03 feet to a point of tangency, thence N. 70 321 02" E. distant 123.35 feet to a point of curvature, thence bearing to the right with a curve of 550.67 feet radius distant 152.05 feet to a point of tangency, thence N. 230 25' 02" E. distant 122.25 feet to a point of curvature, thence bearing to the left with a curve of 28.47 feet radius distant 40.50 feet to a point in the south- westerly line of Edgewood Road, said point being southwesterly and distant 210.56 feet from a stone bound at the intersection of the southwesterly line of Edgewood Road and the southeasterly line of Hancock Street. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersection at Merriam Street and Edgewood Road. The above description is intended to conform to a plan entitled, "Plan of Patriots Drive, Lexington, Mass. Scale 1 inch = 40 ft., Feb. 270 1941 John T. Cosgrove, Town Engineer." which plan is on file in the Town Clerk's office in said Lexington and a copy of which will be recorded with the Middlesex South District Registry of Deeds with a copy of this order. All trees, if any, upon the land taken are included in this taking. The owners of the rights taken are: Robert C. Merriam, Book 282, page 141 Robert C. Merriam, Book 286, page 345 Ruth A. Stone Book 296, page 277 Louis M. Marshall Book 306, page 41 Lois M. Marh all Book 318, page 221 Harry E. Stone, Book 298, Page 109 Registered Land Certificate No. 42694 n n to n 42780 it " 44353 n n it a 45686 n n to " 47602 " n It n 44618 Others whose rights may be affected are, J. Herbert Lawson of Weston, mortgagee, Prudential Insurance Company of America, mortgagee and Home Owners Loan Corporation, Lena G. Dresselly, Lillian N. Pearce, Sarah E. MacDonald and Florence M. Cook, all • • Mof Lexington, under an agreement recorded in Middlesex South District Deeds, Book 5079, page 438 and New England Telephone and Telegraph Company. We determine that no damages have been sustained and none are awarded. WITNESS NE our hands at Lexington aforesaid this 12th day of May, 1941. Archibald R. Giroux Selectmen William G. Potter Errol H. Locke of A. Edward Rowse George W. Saran Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass, May 12, 1941. Then personally appeared the above named Archibald R. Giroux, William G. Potter, Errol H. Locke, A. Edward Rowse, and George W. Saran, and severally acknowledged the fore- going instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen and Public Works of the Town of Lexington, before me, Eleanor M. Lowe (Seal) Notary Public I[] ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main PAUL REVERE ROAD (From the present end a distance of approx- imately 300 feet in a Northeasterly direction) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 19410 the town meeting of Lexington pursuant to an article in the warrant of the meet- ing for which due notice was given, duly adopted by unani- mous vote the following vote and made an appropriation there- for= "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of 4400.000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Select- men, bonds or notes of the Town issued and payable in accord- ance with the law, for a period not exceeding eight years. Voted: That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of better- ments, in accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, The Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of tak- ing by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Paul Rever Road, from the present end a distance of approxi- mately 300 feet in a Northeasterly direction as aforesAi¢, the following easement, namely: The right to enter upon the land shown as Paul Revere Road on a plan entitled "Plan of Proposed Water Main in Paul Revere Road, Lexington, Mass. Scale: i in. = 40 ft., May 12, • • 4 . 1941, Joseph A. Ross, Supt. Water Dept." and owned by Ross Realty Corp. and John Sullivan, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt, Water Department, dated May 120 1941 to be re- corded herewith. The easement covered by this taking in- cJo'd$thtl eAI§ht j%o �28paRjef sti .`'' 0IMn of the said town to en er upon, u , pe an use a Ian embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, in- specting, repairing and replacing from time to time the said water main (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the planofJoseph A. Ross Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Lace and all pertinent acts in amend- ment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto sub- scribed our names this twelfth day of May, 1941. Archibald R. Giroux Selectmen Errol H. Locke William G. Potter of A. Edward Rowse George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, as. May 12, 1941. Then personally appeared the above named Archibald R. Girous, William G. Potter, A. Edward Rowse, George W. Varano and Errol H. Locke, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe (Seal) Notary Public My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED BETTERMENT'S REFERRED TO IN THE FOREGOING ORDER PAUL REVERE ROAD (From the present end a distance of approximately 300 feet in a northeasterly direction) Owner as of January 1, 1941 Lot No. Assessment Ross Realty Corp. 32 097.29 33 137.52 39 131.07 John Sullivan 166.50 ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main SUTHERLAND ROAD (From Cherry Street in a southwesterly direction a distance of approximately 975 feet) NHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by un- animous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not exceeding eight years." "Voted: That the water mains installed during the year • • • 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of betterments, in accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter de- scribed -and taken are necessary for the establishment and main- tenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lex- ington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority con- ferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Sutherland Road, from Cherry Street in a southwesterly direction a distance of approximately 975 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Sutherland Road on a plan entitled "Plan of Proposed Water Main in Sutherland Heights, Lexington, Mass, Scale: 1 in. = 40 ft., May 12, 1941, Joseph A. Ross, Supt, Water Dept." and owned by Grace R. Marvin and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated May 12, 1941, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially con- structing and thereafter maintaining, operating, inspecting, re- pairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof, We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. M To have and to hold the said easement to the Town of Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amend- ment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being bL majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this twelfth day of May, 1941. Archibald R. Giroux SELECTMEN William G. Potter Errol H. Locke OF A. Edward Rowse George W. Sarano LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. May 12, 1941. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse,, George W. Sarano and Errol H. Locke, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe '-Rotary Public My commission expires Oct. 901947 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER SUTHERLAND ROAD (From Cherry Street in a southwesterly direction a distance of approximately 975 feet) Owner as of January 1, 1941 Lot No. Assessment Grace R. Marvin 1 $105.74 rr rr it 2 81.00 rr rr tt 3 76.50. rr e n 5 121.11 n rr n 10 107.43 x a n 15 95.59 n n rr 18 67.50 19 67.50 21 108.86 n n p 22 90.66 sr n n 23 99.02 C 0 • C+l0-1)61Otis gownW :V'.iiM By the Town of Lexington of Easement for the Construction of a Water Main CHERRY STREET (From the present end in a westerly direction a distance of approximately 210 feet) W%3EREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by uananimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1941, and to take by eminent domain any necessary easements thefefor, and for the purpose of said installation the sum of $400000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not exceeding eight years. "Voted: That the water mains installed during the year 1941 in accordance with the tote taken under Article 12 of the Annual Warrant shall be subject to the assessment of betterments, in. accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter de- scribed and taken are necessary for the establishment and main- tenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lex- ington, acting as a Board.of Water and Sewer Commissioners, for and in behalf of -the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the pur- pose of constructing and maintaining a water main in Cherry Street, from the present end in a westerly direction a distance of approximately 210 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Cherry Street on a,plan entitled "Plan of Proposed Water Main in Sutherland Heights Lexington, Mass. Scale: 1 in. = 40 ft., May 12, 19410 Joseph A. Ross, Supt. Water Dept." and owned by Grace R. Marvin and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated May 12, 1941, to be recorded herewith. The easement covered by this taking includes the right on the part of the Select- men of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the pur- pose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus materials and surface left in as smooth and good condition as at the time of entry.) Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shownupon the plan of Joseph A. Ross., Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this twelfth day of May, 1941. Archibald R. Giroux SELECTMEN William G. Potter Errol H. Locke OF A. Edward Rowse George W. Sarano LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, as. May 12, 1941. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke ,and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe (Seal) Notary Public My commission expires Oct. 9, 1947 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CHERRY STREET (From the present end in a westerly direction a distance of approximately 210 feet) Owner as of January 1st, 1941 Lot No. Assessment Grace R. Marvin 11 X91.56 14 90.49 ORDER OF TAKING By the Town of Lexington of Easement of the Construction of a Water Main CARY STREET (From the present end in a northwesterly direction a distance of approximately 2£0 feet) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lex- ington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not exceeding eight years. "Voted: That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of better- ments, in accordance with the authority contained in the By - 0 - laws of the Town." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners for and in behalf of the said town, by virtue of`the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of tak- ing by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Cary Street, from the present end in a northwesterly direc- tion a direction a distance of approximately 260 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Cary Street on a plan entitled 'Plan of Proposed Water Main in Suther- land Heights, Lexington, Mass. Scale: 1 in. = 40 ft., May 12, 1941, Joseph A. Ross, Supt. Water Dept." and owned by Grace R. Marvin, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt. Water Department, dated May 120 1941, to be recorded here- with. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, in- specting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and.none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own • • 0 • use and behoof forever agreeable to the provisions of the said Chapter""79 of the General Laws and all pertinent acts in amend- ment thereof or supplemental thereto. IN WITNESS 'fa'HEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto sub- scribed our names this twelfth day of May, 1941. Archibald R. Giroux SELECTMEN William G. Potter Errol H. Locke OF A. Edward Rowse George W. Sarano LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. May 12, 1941. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke, and George W. Sarano, and severally acknowledged the fore- going instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe (Seal) Notary Public My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CARY STREET (From the present end a distance of approximately 260 feet in a northwesterly direction.) Owner as of January 1st, 1941 Lot No. Assessment Grace R. Marvin 8 $90.00 n It rr 9 .90.00 It It " 16 105.98 It n n 17 107.68 If'SJ; Cl ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main SMYTH STREET (From Sutherland Road a distance of approximately 120 feet in a northwesterly direction) WHEREAS, at a meeting duly called and held on March 310 1941 and adjourned to April 7, 1941, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropria- tion therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may -be applied for during the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not ex- ceeding eight years. Voted: That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of betterments, in accordance with authority contained in the By-laws of the Town. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of tak- ing by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Smyth Street, from Sutherland Road a distance of approximately 120 feet in a northwesterly direction as aforesaid, the follow:: Ing easement, namely: The right to enter upon the land shown as Smith Street on a plan entitled "Plan of Proposed Water Main in Suther- land Heights Lexington, Mass. Scale: 1 in. = 40 ft. • • • ,vr r� May 12, 1941, Joseph A. Ross, Supt. Water Dept." and owned by Grace R. Marvin, and construct therein a line of water main with all necessary connections, shut -offs, and appur- tenances substantially as shown on a plan of Joseph A. Ross, Supt. Water Department, dated May 12, 1941, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reason- ably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry.) r �J 0 Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improve- ment comprises the several lots shown upon the plan of Joseph A. Ross, Sutot. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto sub- scribed our names this twelfth day of May, 1941. Archibald R. Giroux Selectmen ,illiam G. Potter Errol H. Locke of A. Edward Rowse George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. May 12, 1941 Then personally appeared Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe (Seal) Notary Public My commission expires Oct. 9, 1947. SCHEDUEL OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER SMYTH STREET (From Sutherland Road a distance of approximately 120 feet in a northwesterly direction) Owner as of January 1st, 1941 Grace R. Marvin Lot No. Assessment 7 090.00 • • • 59 0 ORDER, OF TAKING By the Town of Lexington of Easement for the Construction of a Nater Main TAFT AVENUE (From the present end a distance of approximately 280 feet in a northwesterly direction) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lex- ington purauaht to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1941, and to take by eminent domain any necessary ease- ments therefor, and for the purpose of said installation the sum of X40,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not exceeding eight years. Voted: That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of betterments in accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter de- scribed and taken are necessary for the establishment and main- tenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of -taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Taft Avenue from the present end a distance of approximately 280 feet in a northwesterly direction as aforesaid, the following easement, namely: The right to enter upon the land shown as Taft Avenue on a plan entitled "Plan of Proposed Water Main in Sutherland Heights Lexington, Mass. Scale: 1 in. = 40 ft., May 12, 1941, Joseph A. Ross, Supt. Water Dept." and owned by Grace R. Marvin, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, .Supt., Water Department, dated May 12, 1941, to be recorded herewith. • The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintain- ing, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such Improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of • Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this twelfth day of May, 1941. Archibald R. Giroux Selectmen William G. Potter Errol H. Locke of A. Edward Rowse Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. May 12, 1941 Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, and severally acknowledced the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen'of the Town of Lexington, before me, Eleanor M. Lowe Notary Public 0 My commission expires Oct. 9, 1947. • • SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER TAFT AVENUE (From the present end a distance of approximately 280 feet in a Northwesterly direction) Owner as of January lst, 1941 Lot No. Grace R. Marvin 4 u n if 20 It a a 26 Assessment $88.37 127.85 64.59 ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main AERIAL STREET (From Sutherland Road a distance of approximately 180 feet in an Easterly direction) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7th, 1941, the town meeting of Lexington pursuant to an article in the warrant of the meet- ing for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for dur- ing the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direc- tion of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law, for a period not exceeding eight years. Voted: That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of betterments, in accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lex- ington acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority con- ferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the pur- pose of constructing and maintaining a water main in Aerial Street, from Sutherland Road a distance of approximately 180 feet in an Easterly direction as aforesaid, the following easement, namely: The right to enter upon the land shown as Aerial Street on a plan entitled "Plan of Proposed Water Main in Sutherland Heights, Lexington, Mass. Scale: 1 in. = 40 ft., May 12, 1941, Joseph A. Ross, Supt. Water Dept." and owned by Grace R. Marvin and construct therein a line of water main with all nemessary connections, shut -offs, and appurtenances substantially as shown • • • on a plan of Joseph A. Ross,.Supt. Water Department, dated May 12, 1941, to be recorded herewith. The easement covered by this taking includes the right on the part of the Select- men of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improve- ment comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Dept. above referred to, which are desig- nated in the schedule hereto annexed and made a part hereof. We estimate the',betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement tD the Town ington, its successors and assigns, to its and their and behoof forever agreeable to the provisions of the Chapter 79 of the General Laws and all pertinent acts went thereof or supplemental thereto. of Lex - own use said in amend - IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subcribed our names this twelfth day of May, 1941. Archibald R. Giroux Selectmen William G. Potter Errol H. Locke of A. Edward Rowse George W. Sarano Lexington 0 COMMOYNEALTH OF MASSACHUSETTS 0 Middlesex, ss. May 12, 1941 Then personally appeared the above named Archibald R. Giroux, William G: Potter, A. Edward Rowse and George W. Sarano and Errol H. Locke and severally acknowledged the foregoing instrument by them suscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe (Seal) Notary Public My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED BETTERMENTS REFFRRED TO IN THE FOREGOING ORDER AERIAL STREET (From Sutherland Road a distance of approximately 180 feet in an Easterly direction) Owner as of January 1st, 1941 Lot No. Assessment Grace R. Marvin 24 $73.42 n it to 25 67.50 The meeting adjourned at 10:55 P. M. A true record, Attest: `=erk---~