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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. • M 0 • !T 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. • • 0 0 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. � J 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. • 0 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. • 0 0 • • 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, • • • 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 • • . 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 • C] 0 • • 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—� • •