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---~