HomeMy WebLinkAbout1941-05-26D. Grosso
Board of
Survey
.Hearing
SELECTMEN'S MMETING
May 26, 1941.
A regular meeting of the Board of Selectmen was held
In the Selectmen's Room, Town Office Building on Monday
evening, May 26, 1941 at 7:30 P. M. Chairman Giroux,
Messrs. Potter, Rowse, Locke and Sarano were present. The
Clerk was also present.
The Clerk was instructed to ask the Town Accountant
what the situation was in regard to loans taken, in anti-
cipation of reimbursement by the Federal Government on
P.W.A. projects.
At 7:30 P. M. hearing was declared open by the Board
of Survey on petition of D. Grosso for the approval of an
existing graveled driveway off Woburn Street between #195
and #205. Mr. D. Grosso, Mr. Daniel J. O'Connell,his
attorney, Mr. James M. Etter, Supt. of Public Works Paxton,
Town Engineer Cosgrove, and Mr. Edward W. Kimball of the
Planning Board were present. Three members of the Semonian
family appeared at 8:45 P. M. Notice of the hearing was
read by the Chairman.
Mr. O'Connell said that the applicant proposed to
erect a home on land owned by him in the rear of what
was originally the Harlow Estate, and which originally
comprised what is now the Semonian property and the house
beside it toward Lexington Center. The Fogg house was al-
so a part of this estate. The land runs back in the meadow
to a swamp that has never been useful to any purpose. It
could not be built upon. Mr. Harlow converted his stable
into a bungalow which Mr. Etter now lives in. He built a
driveway containing 30 feet through the property to serve
the Etter place for highway purposes. Some time after
that, Mr. Grosso acquired the land in the rear of the
Etter property and his land runds down to the Munroe land
in a swamp. The land is wet to perhaps a ten foot depth
and has never been used for any purpose. Mr. O'Connell
said he did not believe Mr. Grosso should be required to
acquire from Semonian brothers 10 feet of land to be added
to the driveway, merely in order that he might build a
house, as he would be improving the Semonian property. Mr.
Grosso simply wants egress for and access to the land in,
the rear of the Etter house.
The Chairman asked if the driveway would be 30 feet
to the end of the Etter land and 40 feet from there past
the Grosso land and Mr. O'Connel replied in the affirma-
tive. The Chairman asked if the Semonians were willing
to sell the 10 foot strip and Mr. O'Connell said that
they were., at a price, and then they could build on the
driveway. 0
Mr. O'Connell read a letter from Mr. Semonian dated March
17, 1941, stating that he was willing to sell the 10 foot
strip of land from ,`loburn Street, for a distance of 530
feet, for the sum of w450..00. Mr. O'Connell said he didn't
believe that Mr. Grosso should be made to do that.
The Chairman asked if Mr. Grosso owned the 30 foot strip
leading down to his land and Mr. O'Connell said that he did
and that he had the deed with him. -Mr. Cosgrove said that
he had checked up on this and found that it was true. Mr.
O'Connell read the following from the deed from Pasquale A.
and Salvatore Casso to Diago Grosso, dated July 24, 1940
and recorded at the South Middlesex Registry of Deeds, Book
6416, Page 425: "This conveyance is with the right of way
over the strip of land 60 feet wide, leading southerly from
Woburn Street and over and through the strip of land 40 feet
wide going westerly to the land herein described; and sub-
ject to a right of way over the strip of land herein de-
scribed; and subject to a right of way over a strip of land
30 feet wide leading southerly from Woburn Street over and
into the way 40 feet wide running easterly all as shown on
said plan."
The Chairman asked Mr. O'Connell if he had submitted
a Board of Survey plan to the Town Engineer for his appro-
val and he replied in the negative. He said that they
10 would be glad to furnish the proper plan however. The
Chairman asked if it was to be understood that only one
lot was to be used at this time and Mr. O'Connell said
that that was true and that only one house was to be built.
Kv. Etter said that as he understood it, there was to
be no more building of houses on the right of way. He said
that if Mr. Grosso had the right to build, he couldn't see
why he didn't have the same right. A couple of years ago
he said the lot was sold and a man was going to build a
house but when he went to the Registry of Deeds, he was told
he could not build on the right of way. Mr. Etter owns
about three acres of land.
The Chairman asked if anyone else wished to speak in
favor or in opposition and no one spoke. He asked Mr.
Semonian if he wished to be recorded in favor or in op-
position and if he wished to make any statement on the
subject. Mr. Semonian asked if he was going to lose 10
feet of his land. The Chairman said that the Town was
not making any taking and that Mr. O'Connell's client
could not take the land without paying Semonian for it.
The Chairman asked Mr. Semonian if he had anything fur-
ther he wished to say for or against the petition and he
replied in the negative. Mr. O'Connell asked how much
land he had and he said about eight acres.
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Mr. Rowse asked Mr. Semonian if he had any objection to
the Town granting the right to Grosso to build a house on
the lot of land and he said that he did not. The Chair-
man asked Mr. Semonian if he had any objection to the
widening of the right of way beyond his land and he said
that he had not.
Mr. Kimball asked if Mr. Etter had any rights inthis
passage. Mr. O'Connell said Mr. Etter possessed a right of
way over the land a distance of 488.5 feet from Woburn St.
and he has a 75 foot frontage on Woburn Street. Mr. O'Connell
said he understood that Mr. Semonian's only objection was
that if any of his land was taken, he wanted to be paid fair
it. No other persons wishing to be heard, all retired with
the exception of Messrs. Cosgrove, Paxton and Kimball.
The Chairman asked Mr. Kimball if the Planning Board
had any objection to this and Mr. Kimball said it objected
to the 30 foot way. He said that if the Board of Survey
approved of this, he didn't see why it would not open up
the land for Etter and Semonian to build on a 30 foot road.
The Chairman said that this application came under the old
Board of Survey Act because the approval of one lot only
was requested. Mr. Kimball said the Planning Board's only
question was about the 30 foot right of way.
The Clerk was instructed to write Mr. Wrightington
and get his opinion on the matter. The group retired at
8:OCP P. M.
At 8:01 P. M. hearing was declared open upon the
petition of the Boston Edison Co. for permission to lo -
Pole cate two poles and remove one existing pole on Edgewood
location Road at the southwest and southeast corners of Patriots
Drive. No persona appeared in favor of in opposition.
Mr. Potter moved that the locations be approved
and the order signed. Mr. Locke seconded the motion,
and it was so voted.
At 8:05 P. M. hearing was declared open upon the
petition of the Boston Edison Co. and the N. E. Tele -
Pole phone and Telegraph Co. for permission to locate three
location poles and the removal of two existing poles in Patriots
Drive, southerly from Edgewood Road. No persons appeared
in favor or in opposition.
Mr. Potter moved that the locations be approved and
the order signed. Mr. Locke seconded the motion, and it
was so voted.
At'8:10 P. M. Mr. Joseph A. Ross, 6upt. of the Plater
Department, appeared to discuss outstanding water guarantees,
The Board went over the accounts with Mr. Ross and sug-
gested that he have a confrence with Mr. Wrightington.
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The Board felt that Mr. Vlrightington should try to collect. Outstanding
the accounts by writing a letter first and to advise the 'Nater
Board before taking any legal action. Guaranty
At 8:30 P. M. Mr. Albert H. Burnham, Messrs. Cosgrove
and Paxton appeared before the Board.
Mr. Burnham said that the water in Vine Brook was
coming within two inches of the underside of the bridge and
that would bring the water to the side of the bridge and he
thought there should be a little more leeway. He said that
if the water got against the edge of the bridge, it would Albert H.
wash away the driveway. Mr. Rowse asked if he was talking Burnham re:
about his bridge and he replied in the affirmative. Vine Brook
Mr. Paxton said that the engineers went over to take
some measurements and Mr. Burnham said that he preferred
talking with the Board before allowing them to do anything
on it: Mr. Paxton said that the flash boards were accord-
ing to the design made by Mr. Raymond and Metcalf & Eddy.
He said that the measurements had to be made very accurate
and they Were starting to take them. The flash boards are
to be permanent.
Mr. Potter said that he understood that the boards were
to be 24 inches and he wondered if it might no accomplish
the same result if they were 22 inches rather than 24 inches.
Mr. Cosgrove said that that w -s hard to answer but offhand
he would say that that would do. The Chairman asked if Mr.
Burnham was objecting to the 2 inches and he said that he
was. He said he thought there was going to be trouble if we
happened to have a freshet as there is no place for the water
to run. The Chairman asked him if it was his idea to put
them in lower, and Mr. Burnham said he thought that it would
help a lot if they were a couple of inches lower. He thought
it should be 20 inches instead of 24 inches.
Mr. Paxton said the design called for four 6 inch planks
and according to the agreement, the Town has with Kenrick, the
water level should be raised two feet.
Mr. Burnham said that Mr. Raymond had called on him at
one time and he told him it would be all right to raise the
water level but Mr. Raymond didn't make any offer of compen-
sation at the time.
The Chairman asked if it would be possible to.put in the
boards and leave the top one off and then see if Kenrick was
satisfied. Mr. Paxton said they could try that and have the
other plank ready so that if it was not all right, they could
put it in. Mr. Burnham said that this was not his objection
entirely, but he did think that there was going to be trouble
if the 24 inches of flash boards were put in. The Chairman
asked if the three gentlemen could not work out the problem
so as to meet Mr. Burnham's objection and meet with Mr.Kenrick's
approvals and Mr. Burnham said he thought that -)art of it could
be worked out satisfactorily.
Mr. Burnham asked the Chairman if he recalled that
last fall he made the statement that perhaps the Board
and himself could make a "horse trade". He said that he
received $200.00 less on the flood damage than was awarded
him. He was awarded 42230.00 and received $2030.00, then
the Board traded him out of $369.17 additional. He said
that if he received a check for $569.17, the Town could
put up the dame:, but if he didn't receive the check, the
Town could not put up the dam. Mr. Rowse said he remem-
bered that there was a compromise but he did not remember
the word "horse trade". Mr. Burnham said he did not like
the term "horse trade" then but he agreed with the compro-
mise because he knew that the Town wanted to put up the dam
and he would have a chance to trade also.
He said he used to raise $1,000.00 worth of celery on
this land and now he couldn't'raise a dollar's worth of it.
The Chairman said he understood that Mr. Burnham's chief
objection was to the lowering of the water table. Mr.
Burnham said that it was, but the To d not lower it;
it put in the dam so that the water/be lowered.
The Chairman said that if he used the words "horse
trading" last fall, he did not remember it and probably
should have said"compromise". He asked Mr. Burnham why
he signed the agreement if he did not like the compromise.
Mr. Burnham did not answer directly but said that the
statement was made that he paid his attorney too much
money. Mr. Morrow paid his attorney $500.00 and all he
paid his was $300.00 which he did not think was too much.
He said one thing his attorney did for him was worth more
than that. The releases that Mr. Wrightington prepared
would have deprived him of any rights in there forever
and his attorney sent the releases back and had them
changed after which he, Burnham, signed them. The Chair-
man said the Board thought that it had straightened out
everything with him and he was sorry to see him take this
attitude.
Mr. Burnham said that perhaps the Board would recall
that he had sat on the Board for nine years and that in
1928 he killed the Vine Brook project and -it was his op-
inion that he saved the Town a great deal of money, per-
haps $100,000.00 because at that time there was no money
coming from the Government.
The Chairman said that as he understood the situation,
Mr. Burnham would not let the men in on his land to put the
flash boards in unless the Selectmen did as he asked. Mr.
Burnham said that that was the way he felt about it. The
Chairman said that he was sorry he felt that way.
Mr. Burnham retired at 9:00 P. M.
It was decided to have Mr. Wrightington in next Monday
evening to discuss the subject and to bring the Burnham
agreement with him.
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At 9:03 P. M. William C. Paxton, Gordon D. Richards, and
Charles E. Ferguson appeared before the Board. The Chairman
said that Mr. Richards had resigned as Acting Building In-
spector, said resignation to be effective as of June 14,1941.
He asked Mr. Ferguson if he wanted to come back as Building
Inspector and he replied that he didn't know when he would
Get through with his legislative work. The Chairman asked
Mr. Richards if he would be willing to stay on for the bal-
ance of the year if it was fixed so that he would not have
to come into the office at all and Mr. Richards said he
could not see his way clear even to do that.
The Chairman requested all present to have in mind the
name of some person who might be fitted for the job and to
submit it to the Board at the next meeting.
The group retired.
Mr. John Lamont appeared before the Board.
The Chairman told him that the Board heard Peter Canessa
was using Town equipment out of town in the cesspool cleaning
work. Mr. Lamont said that he had talked with Mr. Canessa
about this and Mr. Canessa said he hadn't taken the Town pump
out of Town for years. He has a pump of his own on the wagon
which he uses for out of Town work. Mr. Lamont was instructed
to tell Mr. Canessa not to use Town equipment outside of the
confines of the Town.
Mr. Walter Rose's application for permission to keep
poultry and goats on his premises was discussed. Mr. Rich-
ards reported that he could not find where any building per-
mit had been taken out for the numerous small buildings on
the premises.
Mr. Rowse moved that Mr. Rose be allowed to keep 15
hens and 2 goats but no roosters. Mr. Locke seconded the
motion, and it was so voted.
Mr. Lamont retired at 9:37 P. M.
Mr. Paxton appeared before the Board at 9:45 P. M.
He said that the following requests for uses of halls
had been received:
Veterans of Foreign Wars, Cary Hall on June 6th;
Lexington Field and Garden Club, Estabrook Hall on May
27th; Chamber of Commerce, Estabrook Hall on June 6th
and a conference room the same evening.
Mr. Sarano moved that the uses of the halls be granted
free of charge. Mr. Locke seconded the motion, and it was
so voted.
Mr. Paxton informed the Board that he and Mr. Russell
had contacted the P. W. A. authorities and they expbeted a
check for 08,000.00 before the end of thew eek.
Mr. Paxton reported that Mr. Harry Burgess, supervisor
on the W.P.A. Sewer Project on Oak Street had resigned be-
cause he had received private work.
T
Gordon D.
Richards
resigns
Cesspool
cleaning
Walter Rosf
poultry &
goat
Uses of
halls
Mr. Paxton said that Mr. Garrity told him it would
cost about $25.00 per acre to place oil down to destroy
Mosquito mosquito eggs. He State had a project on Cape Cod,
control where oil was put into the brooks alone and that the
project was very successful. No action was taken on the
matter.
It was necessary to have a man familiar with sewer con -
Supervisor
struction to supervise the work and so they got a man
on Oak St.
named John Laurie who had been a supervisor in Waltham.
sewer proj.
This man seems to have taken a grip on the project and it
is going along very well.
Mr. Laurie spoke to Mr. Beach and Mr. Cosgrove about
Drainage
getting four or five laborers from Waltham. He said he
on Rix
thought they could accomplish something. Mr. Beach wanted
Develop-
to know if this would meet with the Board's approval. Mr.
ment
Paxton said he thought the situation was serious enough so
that everything possible should be done to get the job
finished. The Board told Mr. Paxton that it would be all
right to try to get the men from Waltham. The Chairman
asked Mr. Paxton if he would let the Board know when the
job was finished to the end of Carville Avenue.
Mr. Paxton said that Mr. Garrity told him it would
cost about $25.00 per acre to place oil down to destroy
Mosquito mosquito eggs. He State had a project on Cape Cod,
control where oil was put into the brooks alone and that the
project was very successful. No action was taken on the
matter.
Mr. Paxton said that last Thursday evening, Messrs.
Blake Blake, Couette, Wrightington and Everett Brooks, an
"Castle" engineer, met to discuss the drainage of the Blake "Castle"
Drainage property. Mr. Paxton said that Mr. Blake was going to
contact the Board on the matter.
Mr. Paxton said that Mr. Garrity would like to buy a
new power mower and the sum of "375.00 was allowed in his
Flower for budget for the purchase of one. He wishes to buy a Jacob -
Park Dept sen mower at a cost of "375.00.
Mr. Rowse moved that Mr. Garrity be authorized to pur-
chase a Jacobsen mower at a cost of 4375.00. Mr. Sarano
seconded the motion, and it was so voted.
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Mr. Paxton said that next w eek there would be a hear-
ing before the Board of Survey upon the petition of David
A. Rix for the approval of the development at the corner
of Marrett Road and Waltham Street. He reminded the Board
that it had received a letter from Mr. Rix concerning the
drainage in that area. The Town drains through the land
Drainage
which he anticipates developing and Mr. Rix requested the
on Rix
Board to think about the cost of drainage. Mr. Paxton
Develop-
said it seemed illogical for him to prepare a number of
ment
forms and agreements on something he knew Mr. Rix would
not be ready to sign. He said that Mr. Rix would probably
wish to make some proposition, but he could not estimate
the cost of the work inasmuch as the matter of drainage
had not been decided. If the Board decides to do something
for Mr. Rix, the next question is where the money is to
come from.
Mr. Paxton said that last Thursday evening, Messrs.
Blake Blake, Couette, Wrightington and Everett Brooks, an
"Castle" engineer, met to discuss the drainage of the Blake "Castle"
Drainage property. Mr. Paxton said that Mr. Blake was going to
contact the Board on the matter.
Mr. Paxton said that Mr. Garrity would like to buy a
new power mower and the sum of "375.00 was allowed in his
Flower for budget for the purchase of one. He wishes to buy a Jacob -
Park Dept sen mower at a cost of "375.00.
Mr. Rowse moved that Mr. Garrity be authorized to pur-
chase a Jacobsen mower at a cost of 4375.00. Mr. Sarano
seconded the motion, and it was so voted.
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A letter was received from Miss Augusta Patrick of 4
Wadman Circle complimenting the Highway Department on the
manner in which Patriots Drive was constructed.
A letter signed by six residents of Fottler Avenue re-
questing the construction and acceptance of the street was
received.
Mr. Rowse moved that Mr. Paxton be instructed to have
the estimate of the cost of construction prepared. Mr.
Sarano seconded the motion, and it was so voted.
A letter was received from Metcalf & Eddy stating
that from time to time the Town Counsel had requested them
to prepare for the DeCristofaro case and to advise him
with reference to it, both in their office and the Court
room. The work was performed by Mr. Whitman and the
charges total $807.30 to date. The letter said that if
the Board felt Metcalf & Eddy should be compensated for
Mr. Whitman's time, the firm would be glad to bill the
Town for it. The Clerk was instructed to ask Mr. Wright-
ington's opinion on the matter.
A notice was received of a suit against the Town in
the amount of $10,000.00, brought by Albert P. Rounds of
Stoneham.
The Chairman said that the Auxiliary Police had re-
quested permission to use the range at the Public Works
Building every Thursday evening for shooting practice.
Mr. Paxton said that he had checked on the shooting range
and found that the wires were ditmantled and would have
to be fixed. He thought this could be done readily. The
Chairman asked Ms. Paxton and the Board if they had any
objection to this and there was none.
Mr. Paxton retired at 10:15 P. M.
Mr. Morse appeared before the Board to discuss welfare
matters and retired at 10:50 P. M.
Req. for
Fottler Ave.
Charges in
DeCristofaro
case
Notice of
suit
Aux. Police
to use shoot,
ing range at
P.W. Bldg.
The Board received an application for a second-class
Agent's License from Frank Canessa, giving the address of Application
the proposed business as 286 Marrett Road. The Board felt for Second -
that it had no authority to act on the application inasmuch class Ag't.
as a permit from the Board of Appeals would be necessary license
first.
Mr. Rowse said that he thought about 1100.00 would be
needed for the Welfare Department's garden project.
Mr. Rowse moved that an amount not to exceed 8100.00
for the purchase of seed, fertilizer and other materials
for the Welfare and W.P.A. garden project be approved. This
amount is to come out of the Public Works Welfare Aid Appro-
priation. Mr. Sarano seconded the motion, and it was so
voted.
Welfare Dept
garden proj.
R
Mr. Wrightingtonts bill in the amount of $200.00 for
Rodenhiser his services in the Rodenhiser case was received.
case bill Mr. Potter moved that the bill be approved. Mr.Locke
seconded the motion, and it was so voted.
A bill in the amount of $1.50 for advertising the
hearing on the proposed Building By-laws was received.Mr.
Rowse moved that the bill be approved and charged to the
Unclassified Account. Mr. Potter seconded the motion,and
it was so voted.
The Chairman said that he took the responsibility of
Ammunition ordering $25.00 worth of ammunition for the Auxiliary
for Aux. Police. He asked if the Board approved of this.
Police Mr. Potter moved that the Chairman's action be ap-
proved. Mr. Locke seconded the motion, and it was so voted.
Mr. Potter moved that the following licenses be granted.
Mr. Sarano seconded the motion, and it was so voted.
Harda Rowe, 69 Blossom St. Boarding home for infants
Licenses Sacco Rubbicco Bowling Alley Co.
1770 bass. Ave., Lexin`ton Bowling Alleys
Bernice H. Fogg, 239 Woburn St 200 Swine
Sacco Rubbico Bowling Alley Co.
1770 Mass. Ave., Lexington Overhanging sign
Upon motion of Mr. Potter, seconded by Mr. Rowse,
it was voted to adopt the following Water Orders:
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
LOCUST AVENUE
(From Follen Road in a westerly direction a
distance of approximately 475 feet)
WHEREAS, at a meeting duly called and held on March
31, 1941 and adjourned to April 7, 1941, the town,meet-
ing 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 appro-
priation therefor:
"Voted: That the Selectmen be authorized to install
water mains not less than 611 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,
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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-
laws of the Town."
AND UIEREAS, 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 Locust
Avenue, from Follen Road in a westerly direction a distance of
approximately 475 feet as aforesaid, the following easement,
namely:
The Right to enter upon the land shown as Locust Avenue
on a plan entitled "Plan of Proposed 'Nater Main in Locust
Avenue, Lexington, Mass. Smsle: 1 in. = 40 ft., May 19, 1941
Joseph A. Ross, Supt. Water Dept." and owned by R. Lockwood
Tower, et al, and construct therein a line of water main with
all necessary connections, shut -offs, and appurtenances sub-
stantially as shown on a plan of Joseph A. Ross, Supt. Water
Department, dated May 19, 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 neces-
sary 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 materiel 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 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 J=REOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty --sixth day of May, 1941.
Archibald R. Giroux Selectmen
Errol H. Locke
George W. Sarano of
A. Edward Rowse
William G. Potter Lexingtcn
COM,1O1711EALTH OF LEXIIrTTON
Middlesex, ss. May 26, 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 Select-
men of the Town of Lexington, before me,
Eleanor M. Lowe
otary ublic
My term expires Oct. 9, 1947.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
LOCUST AVENUE
(From Follen Road a distance of approximately 475 feet
in a westerly direction)
Owner as of January _1, 1941
R. Lockwood Tower
it n it
n if if
Lot No. Assessment
11,9— ;126.
147 110.94
154 95.25
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. ORDER OF TAKING
By the Town of Lexington of Easement for
the Construction of a Water Main
BUCKMAN DRIVE
(From Locust Avenue in a southerly direction a
distance of approximately 875 feet)
WaiEREAS, 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 approprihtion 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 neces-
sary easements therefor, and for the purpose of said installa-
tion 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 better-
ments, in accordance with the 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;
Novi THEREFORE, the Board of Selectmen of the Town of Lex-
ington, ington, acting as a Board of Water and Sewer Commission-
ers, 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 im-
provement for the purpose of constructing and maintaining a
water main in Buckman Drive, from Locust Avenue in a south-
erly direction a distance of approximately 875 feet as afore-
said, the following easement, namely:
The right to enter upon the land shown as Buckman Drive
on a plan entitled "Plan of Proposed Water Main in Buckman
Drive, Lexington Mass. Scale: 1 in. = 40 ft., May 19, 19410
Joseph A. Ross, Aupt. Water Dept." and owned by R. Lockwood
Tower, et al, and construct therein a line of water main with
0
all necessary connections, shut -offs, and appurtenances
substantially as shown on a plan of Joseph A. Ross, Supt.
Water Department, dated May 19, 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 con-
structing 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
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 twenty-sixth day of May, 1941.
Archibald R. Giroux Selectmen
Errol H. Lockd
George W. Sarano of
A. Edward Rowse
William G. Potter Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss May 26, 1941.
Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, Errol 4. Locke,
and George W. Sarano and severally acknowledLttd 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 14. Lowe
Notary Public (Seal)
My term expires Oct 9, 1947
•
•
0
SCHEDULE OF ESTIMATE BETTER14ENTS
REFERRED TO IN THE FOREGOING ORDER
BUCKMAN DRIVE
(From Locust Avenue a distance of ap roximately 875
feet in a southerly direction
Owner as of
January
1, 1941
Lot No.
Assessment
R. Lockwood
Tower,
et al
61
$132.68
If it
n
it
114
114.96
it If
If
If
115
91.80
rr rr
If
it
116
91.80
n n
it
It
117
91.80
If n
it
n
118
91.80
If n
it
►r
120
90.90
n n
n
++
125
90.90
n n
it
n
146
96.84
ORDER OF TAKING
By the Town of Lexington of Easement for
the Construction of a Water main
DAWES ROAD
(From Follen Road westerly for
a distance of approximately
465 feet)
WHEREA§, 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 611 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 exceed
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 the authority contained in
the By-laws of the Town.'
AND `;:'FEREAS, 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 Dawes
Road, from Follen Road, westerly for a distance of approxi-
mately 465 feet as aforesaid, the following easement, namely:
The right to enter upon the land shown as Dawes Road on
a plan entitled "Plan of Proposed Water Main in Dawes Road,
Lexington Mass. Scale: 1 in. = 40 ft., May 19, 1941, Joseph
A. Ross, 6upt. Water Dept." and owned by R. Lockwood Tower,
et al, and construct therein a line of water main with all
necessary connections, shut -offs, and appurtenances substan-
tially as shown on a plan of Joseph A. Ross, Supt. Water De-
partment, dated May 19, 19412 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 author-
ized 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 there-
after maintaining, operating, inspecting, repairing and re-
placing from time to time the said water main, (the baid
town being always bound to see that the ground after the com-
pletion 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 SO 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.
•
�s
I0
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 amend-
ment thereof or supplemental thereto.
IN WITNESS V1HEREOF the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto sub-
scribed our names this twenty-sixth day of May, 1941.
Archibald R. Giroux Selectmen
Errol H. Locke
A. Edward Rowse of
George W. Sarano
William G. Potter Lexington
COI t'10PLIEALTH OF PTT,ASSACHUSETTS
Middlesex, ss.
May 26, 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 foregoing instrument by
them subscribed tc be their free act and deed and the free act
and deed of the Board of Selectmen of the Town of Lexington, be-
fore me,
Eleanor M. Lowe (Seal)
Notary Public
My commission expires Oct. 9, 1947
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IPI THE FOREGOING ORDER
DA:4TS ROAD
(From Follen Road, westerly, for a
distance of approximately 465 feet)
Owner as of January lst, 1941
R. Lockwood Tower, et al
n n n. it n
Lot No.
Assessment
113 $109.80
126 100.23
99
ORDER OF TAKING
By the Town of Lexington of Easement
for the Construction of a Water
Main
CEDARWOOD TERRACE
(From Buckman Drive, westerly, a distance
of approximately 250 feet)
WHEREAS, at a meeting duly called and held on March 31,
1941 and adjourned to April 7, 1941s 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 duting the year 1941, and to take be 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 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
betterments, in accordance with the 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
Purpose of constructing and maintaining a water main in Cedar -
wood Terrace, from Buckman Drive in a westerly direction a
distance of approximately 250 feet as aforesaid, the following
easement, namely:
The right to enter upon the land shown as Cedarwood Terrace
on a plan entitled "Plan of Proposed Water Main in Cedarwood
Terrace, Lexington, Mass. Sc&le: 1 in. = 40 ft., May 19, 19410
•
P�
Joseph A. Ross, Supt. Water Dept." and owned by R. Lockwood
Tower, et al, and construct therein a line of water main with
all necessary connections, shut -offs, and appurtenances sub-
stantially as shown on a plan of Joseph A. Ross, Supt. Water
Department, dated May 19, 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 author-
ized 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 there-
after maintaining, operating, inspecting, repairing and re-
placing 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 60 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 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 a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty-sixth day of May, 1941.
Archibald R. Giroux Selectmen
Errol H. Locke
William G. Potter of
A. Edward Rowse
George W. Sarano Lexington
COMTAOITKLALTH OF MASSACHUSETTS
Middlesex, ss. May 26, 1941
Then personnaly appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke,
and George W. Sarano and severally a cknowledged the fore-
going instrument by them subscribed to be their free act
and deed and the free act and deed of the Board of Select-
men of the Town of Lexington, before me,
Eleanor M. Lowe (Seal)
Notary PUB=c
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
CEDARWOOD TERRACE
(From. Buckman Drive, westePly a distance
of approximately 250 feet)
Owner as of
January
1st, 1941
Lot No.
Assessment
R. Lockwood
Tower,
et al
121
$108.78
n It
t►
It rr
122
174.42
u it
It
it rt
123
137.29
rr It
n
It "
124
108.00
7
•
141
• ORDER OF TAKING
By the Town of Lexington of Easement for
the. Construction of a Water main
BLAKE ROAD
(From Henderson Road, southwesterly
for a distance of approximately
100 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 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 siLm of 6,40 000.00 be appropriated, and that the Town
Treasurer be and hereby is authorized to sell under the di-
rection 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 the 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
Blake Road, from Henderson Road, in a southwesterly direction
a distance of approximately 100 feet as aforesaid, the follow-
ing easement, namely:
The right to enter upon the land shown as Blake Road on
a plan entitled "Plan of Proposed 'Nater Main in Blake Road
Lexington` Plass. Scale: 1 V. = 40 ft. LZay 19, 1941, JosepA
A. Ross, Supt. 'Nater Dept. and owned by Lexington Trust
Company, and construct therein a line of water main with all
•
necessary connections, shut -offs, and appurtenances sub-
stantially as shown on a plan of Joseph A. Ross, Supt.
Water Depattment, dated May 19, 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 ini-
tially 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 tre community from such improve-
ment 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 showA 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 WITHNESS '57.1EREOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty-sixth day of May, 1941.
Archibald R. Giroux Selectmen
Errol H. Locke
A. Edward Rowse of
George W. Sarano
William G. Potter Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
May 26, 1941
Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke,
•
•
0
I
�J
0
and George W. Sarano, 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
Notary Public (Seal)
My commission expires Oct. 9, 1947
SCHEDULE OF ESTIP•_ATED BETTERP/I EES
REFERRED TO IN THE FOREGOING ORDER
BLAKE ROAD
(From enderson Road, southwesterly, for
a distance of approximately 100 feet)
Owner as of January lst, 1941 Block No. Lot No. Assessment
Lexin,ton Ttust Company 16 A "'90.46
9 30;31;
32;
part 33 87.02
ORDER OF TAKING
By the Town of Lexington of Easement for
the Construction of a Plater main
CRESCENT ROAD
(From Briggs Road in a southwesterly direction
a distance of approximately 175 feet)
PEEEREAS, 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 meet-
ing for which due notice was given, duly adopted by unani-
mout 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 ac-
cepted or unaccepted streets as may be applied for during the
year 1941, and to tate 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 authority contained in the By-laws
of the P own. n
AT7D 'wrEHLAa, the right of way and easement hereinafter de-
scribed and taken are necessary for the establishment and main-
tenance of the said water main;
NO,�P 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 Crescent
Road, from Briggs Road in a southwesterly direction a distance
of approximately 175 feet as aforesaid, the following easement,
namely:
The right to enter upon the land shown as Crescent Road on
a plan entitled "Plan of Proposed 'Pater Main in Crescent &
Briggs Roads, Lexington, Mass. Scale: 1 in. = 40 ft. May 26,
1941, Joseph A. Ross, Supt. Water Dept." and owned by Mary D.
Hatch and construct therein a line of water main with all
•
•
0
0
necessary connections, shut -offs, and appurtenances substan-
tially as shown on a plan of Joseph A. Ross, Supt., Water De-
partment, dated nZay 26, 1041, 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, dip up, open and use the
land embraced within the said way as may be reasonably neces-
sary 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 gime
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. Vlater 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 :told 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 WITAESS WHEREOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty-sixth day of May, 1941.
Middlesex, ss.
Archibald R. Giroux Selectmen
Errol H. Locke
'."uilliam G. Potter of
George `11. Sarano
A. Edward Rowse Lexington
COMMOiTINEALTH OF MASSACT,T-USETTS
May 26, 1941.
• Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, George 111. Sarano
and Errol H. Locke, 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 Select-
men of the Town of Lexington, before me,
Eleanor M. Lowe (Seal)
Notary Public
My commission expires Oct. 9, 1947
SCHEDULE OF ESTIMATED BETTERMEITTS
REFERRED TO IN THE FOREGOING ORDER
CRESCENT ROAD
(From Briggs Road in a southwesterly direction
a distance of approximately 175 feet)
Owner as of January 1, 191 Lot No.
Mary D. Hatch 9
it rr n 33
it it it 34
Assessment
095.32
90.00
90.00
•
•
•
ORDER OF ^AKING
By the Town of Leington of Easement for
the Construction of a Water Main
BRIGGS ROAD
(From Crescent Road in an easterly direction
a distance of approximately 375 feet)
WHERLAS, 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
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 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
betterments, in accordance with authority contained in the
By-laws of the Town."
AND VrHEREAS, 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
Briggs Road, from Crescent Road in an easterly direction a
distance of approximately 375 feet as aforesaid, the follow-
ing easement, namely:
The rift to enter upon the land shown as Briggs Road
on a plan entitled "Plan of Proposed Water Main in Crescent
& Briggs Roads, Lexington, Nass. Scale; 1 in. = 40 ft., May
26, 1941, Joseph A. Ross, Supt. ',Vater Dept." and owned by
,0;7
Mary D. Hatch and construct therein a line of water main
with all necessary connections, shut -offs, and appurten-
ances substantially as shown on a plan of Joseph A. Ross,
Supt., Water Department, dated May 26, 1941, to be re-
corded herewith. The easement covered by this taking in-
cludes 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, operat-
ing, 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 agreeablb to the provisions of the
said Chapter 79 of the General Laws and all pertinent acts
in amendment thereof or supplemental thereto.
IN WITNESS '6V1T=EOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty-sixth day of May, 1941.
Archibald R. Giroux Selectmen
Errol H. Locke
William G. Potter of
A. Edward Rowse
George W. Sarano Lexington
0 COITMO77EALTH OF It1ASSACHUSETTS
Middlesex, ss. May 26, 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 term expires Oct. 9, 1947
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
BRIGGS ROAD
(From Crescent Road in an easterly direction
a distance of approximately 375 feet)
Owner as of January 1, 1941 Lot. No.
Mary D. Hatch 1
it n It 2
fr tr
n
n n
n
n n
n
n n
n
rr n
n
f! Ft
n
3
4
5
6
7
8
Assessment
1102.18
73.58
32.79
26.82
81.56
90.00
90128
99.95
ill
C 0 1 L1,101T.MULTH Or "IASSACf USETTS
Middlesex, ss.
Town of
Lexington
WHEREAS, the Town of Lexington at a town meeting duly
called and held on March 31, 1941 and adjourned to April
7, 1941, duly adopted under Article 12 of the Warrant the
following vote:
"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 assess-
ment of betterments, in accordance with authority in the
By-laws of the Town."
Voted: By the Selectmen acting as a Board of Water
and Sewer Commissioners under the authority of the fore-
going vote and of every other power them thereto enabling
that a water'main be constructed in Simonds Road from
Preston Road a distance of approximately 460 feet in a
northerly direction, substantially in accordance with plan
of Joseph A. Ross, dated May 26, 1941, and entitled, "Plan
of Proposed Water Main in Simonds Road, Lexington, Mass.
Scale: 1 in. = 40 ft., May 26, 1941, Joseph A. Ross,
Supt. Water Dept."
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 benefit
or advantage other than the general advantage to the
community from such improvement is described as follows:
That portion of those properties on each side of
Simonds Road beginning at Preston Road and extending
northerly a distance of approximately 460 feet.
The said area comprises the several lots shown upon
the plan of Joseph A. Ross, Supt. Water Department
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hereinbefore referred to which are designated in the schedule
hereto annexed and made a part hereof.
We estimate the betterments that will be assessed upon
each parcel of land to be as shown in the schedule hereto
annexed and made a part hereof.
Witness our hands at Lexington aforesaid this twenty-sixth
day of May, 1941.
Archibald R. Giroux
Errol H. Locke
'Killiam G. Potter
A. Edward Rowse
George W. Sarano
C0':'riONINEALTII OF MASSACHUSETTS
Middlesex, ss.
Board of
Selectmen
of the
Town of
Lexington
Town of Lexington
May 26, 1941
Then personally appeared the above named Archibald R. Giroux,,
William G. Potter, A. Edward Rowse, George IN. Sarano and Errol H._
Locke and severally acknowledged the foregoing instrument and
statement by them subscribed to be their free act and deed and
the free act and deed of the Board of Water and Sewer Commissioners
of the Town of Lexington, before me,
Eleanor V. Lowe (Seal)
Plotary Public
My term expires Oct. 9.. 1947.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
SIMOIv'DS ROAD
(From Preston Road a distance of approximately
460 feet in a northerly direction)
Owner as of January 1, 1941 . Lot No. Assessment
Lexington Trust Co.
n u n
rr
ti n
rr rt it
it tt it
to it it
Dorothy M. Hadley
Lexington Trust Co.
0 r tr rt
Block 14, Lot B
Block 14, Lot G
Block 14, Lot
Block 14, Lot
Block 14, Lot F
Block 121 Lots
32, 33
Block 12, Lots
35, 36
Block 12, Lots
38, prt. 39
Block 121 Lots
39, 40, 41
D
E
$81.00
67.50
67.50
67.50
67.50
31,
99.00
34.9
81.00
37,
67.50
Prt.
67.50
113
114
Mr. Potter moved that Mr. Edwin B. Worthen and Mr. A.
ualary Randall Soderberg be appointed to serve on the committee
Committee to study salaries. IJir. Sarano seconded the motion, and
it was so voted.
A list of Water Liens to be recorded were signed.
A health abatement in the amount of W63.05 was signed.
The meeting adjourned at 11:22 P. M.
A true record, Attest:
Clerk—�
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