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HomeMy WebLinkAbout1963-04-08-min 233 v SELECTMEN'S MEETING April 8, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, April 8, 1963, at 7:30 P.M. Chairman Adams, Messrs . Cole, Brown and Cataldo were present Mr. Gray, Executive Assistant, Mr. Carmll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the New England Telephone and Telegraph Company for per- mission to locate a manhole on Massachusetts Avenue, westerly side, at Charles Street.. Mr. Dunne, representing the petitioner, was the only person present at the hearing. Notice of the hearing was mailed to the peti- tioner, owners of the property as listed on the petitioner' s plan and also filed with the Super- intendent of Public Works. Manhole Mr. Dunne explained the petition had been filed to improve the trunk facilities between Cambridge, Arlington, Lexington and points north. Mr. Brown asked how long the work would take, and Mr. Dunne replied about three weeks . No one in favor or in opposition, the hearing was declared closed at 7:33 P.M. Motion was made and seconded, to grant the peti- ion and sign the order for the following manhole location, Mr. Carroll having approvedthe proposed installation: Massachusetts Ave. Westerly side, at Charles Street,-- One (1) Manhole Mr. Brown reported on the meeting held this afternoon in the Woburn city Hall relative to the lo- cation of NASA Space Project He informed the Board Location of that Mr. Kelliher, representing the City of Malden, NASA and representatives from Somerville, Cambridge, Arl- ington and Burlington were present He explained that the Cityof Woburn is well prepared and the City Council has 10, 000 to be used for public relations in Washington, and has engaged the services of an 234 mc individual in Washington to represent it. The City of Woburn has 750 acres of land bounded by the Town of Wilmington and Route 128 with all services and would like support from Lexington. The Chairman said the Board' s policy is, for the moment, in favor of the NASA locating in Massachusetts. Mr. Brown reported that he had informed the Mayor of Woburn that the Lexington Board of Selectmen had gone om:record as being in favor of locating the project in Massachusetts. At 7:35 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company for permission to locate two poles on Grove Street. No one representing the petitioner was present and no one appeared in favor or in opposition. Notice of the hearing was mailed to the petitioner, Pole owners of the property as listed on the petitioner' s locations plan and also filed with the Superintendent of Public Works . The hearing was declared closed at 7:40 P.M Mr. Carroll having approved the proposed pole lo- cations, motion was made and seconded to grant the request and sign the order for the following pole lo- cations: Grove Street, southwesterly side, southeasterly from a point approximately 125 feet southeast of Robinson Road, -- Two (2) poles . (Two existing poles to be removed) . Grove Street, northeasterly side approximately 25 feet southeast of Diamond Road , -- One (1) pole. (One JO pole to be removed. ) Chief John A . Rycroft met with the Board for the opening of bids for three new cruisers. Sealed bids were opened and read by the Chairman as follows Bids Mawhinney Motor Sales, Inc. $ 3,560.00 net Dunn Ford Sales, Inc. 3,600.00 net Rowe-Jackson Chevrolet, Inc. 3,295.00 net 1 235 } ' Upon motion duly made and seconded, it was voted to accept the low bid of $3,295.00 submitted by Rowe-Jackson Chevrolet, Inc. Chief Rycroft retired at 7:47 P.M. Mr. Carroll referred to the break in l8" sewer main at the Gold Ribbon Farms Nursery and reported that work had commenced today which he still estimates will Sewer main be between $8,000 and $9,000 He explained that there break would be no problem insofar as fonds is concerned and said he would report further at the next meeting. Mr. Carroll reported that on October 10, 1962, the Greener Trust and the Whiter Trust wrote the Board a letter, which, in some way, went to the Board of Assessors and then back to the Collector. He read the Sewer better letter requesting an apportionment of the sewer assess- ment Grove ments on lots 25, 36 and 37 Emerson Road. He presented subdivision a sketch on which he indicated Emerson Road which goes through the Grove subdivision and explained that the Town had put the trunk sewer through Emerson Road and assessed betterments, including these three lots. The subdivider installed a sewer in Diamond Road and in Angier Road. He explained that the Trust is now peti- tioning for abatement of these two betterments which raises the question as to whether or not the property was bettered by the trunk sewer. Mr. Carroll stated, from a standpoint of fairness, he thought the better- ments should be abated as the lots are definitely being served by the sewer the subdivider installed. The Chairman said he would refer the subject to Town Counsel when he arrived at the meeting . Mr. Carroll, Town Clerk and Treasurer, Mm Rich, Collector, Mr. Brown , Chairman of the School Committee, Messrs. Mabee, Greeley, Campbell and Meyer of the Plan- ning Board, and Mr. Nyren, Director of Cary Library, met with the Board. The Chairman explained the purpose of inviting the group to the meeting was to introduce Mr. Gray, Execu- tive Assistant. He presented each individual with a copy of a memo for Mr. Gray listing seven duties of the Executive Assistant to the Board of Selectmen, and ex- plained that the Board hopes to establish a liaison with the elected officials over whom the Board has no control He said the Board of Selectmen would like to know what is going on and this is an attempt to coordinate the town-wide working group. He said the Board feels the Town is now large enough so that a simplified purchasing 236 mr system should be estaBlished, and although the Board recognized that this group is independent, possibly certain items could be worked out with Mr. Gray Mr. Brown suggested that Mr . Gray meet Mr. Spiris, the Business Administrator of the School Department. The Chairman said the Board wanted to make it very clear that it is in no way trying to dictate. Mr. Carroll referred to item #1 "except the School Department", and expressed the opinion that his depart- ment should also be excepted. The Chairman said the reason for this, as he under- stood it, was because the School Department has a system already established. Mr. Carroll said he was not going to have anyone telling him what to do or how to do it . He said he was hiring a new girl next week and he was not going to have any interference. He said if the Selectmen had any- thing to say to him and his department, he would listen but he was not going to have an overseer. The Chairman explained the memo was prepared for departments in which the Board has the right to ask it. Mr. Carroll said his purchasing is so small, he did not think it necessary to go through a purchasing department. Mrs. Rich said it was about the same for her and stated that her largest order is fur bills and envelopes which she has purchased from the same individual for many years. She said she would be glad to show Mr. Gray anything he wants to see in her department. Mr. Carroll and Mrs. Rich retired at 8:20 P.M. The Chairman discussed the subject of land acqui- sition and said Mr. Gray could at least keep a schedule of all the land acquisitions. Mr. Brown pointed out that the School Sites Com- mittee should work with Mr. Gray, and said that com- mittee has duties that overlap. Mr. Greeley said he thought the School Sites Committee should be discharged, and recommended that one agent, such as Mr Gray, do the purchasing. The Chairman suggested thatthe School Sites continue on the sites it is presently working on and in the future, have the planning board make the selection. Mr. Meyer said he would go one step further and talk to the Committee. Mr. Mabee said the committee could be told that it is the consensus of this meeting that it continue to procure the two parcels they are after and have not acquired and after that, it should request to be dis- charged. , Mr. Meyer asked if Mr. Gray would be willing to do the "leg" work, and Mr Gray stated that he has already discussed this with Mr Snow who is preparing a list of unfinished business for him. He agreed that all of the sites should go through the Planning Boadd. Mr. Nyren said he would work together with Mr. Gray and as far as personal services are concerned, he has a policy established by the Board of Trustees. The group, with the exception of Messrs. Greeley and Campbell, retired at 8: 34 P.M. Messrs. Wheeler, Damone and Dodge, of Cabot, Cabot and Forbes, met with the Board. Mr. Wheeler said he is having a continuing problem with the Spring Street access and the fact that he has a firm commitment by one company and finds himself in the situation o not being able to deliver a deeI to them. He said if he cannot define the property lines, it is obvious that they cannot proceed. He submitted plans and explained his problem He said he felt he could move Burroughs down against relocated Spring Street and there would be no problem about subdivision approval of the Planning 15oard. Burroughs is a little disgusted at this point with the entire situation, having been talking about this problem since last fall. He said Burroughts has decided they had made a definite com- mitment to come here if the building could be located where they preferred to have it located originally. They want to have the boundary lines of the five acre parcel defined. He said under the scheme the State has now, there is less than a five acre lot and it cannot be defined a legal lot. He said he would like to get Burroughs, who is prepared to go ahead, and file for a building permit, but the State has elimi- nated the opportunity for marketing this property. Mr. Wheeler said he would still like to go back to the scheme .of having fifteen acres between the frontage road and Route 2. Mr. Greeley asked if Burroughs would go ahead any- time if they could take eight acres or less. Mr. Wheeler replied if he could sell them eight acres in this fashion, yes. He said there is a price on the property and Burroughs is willing to recognize it for five acres. Mr. Greeley said, as he recalled it , the State wanted only one entrance through that property and stated flatly it would allow only one driveway there . 238 zic Mr. Wheeler asked if one entrance meant one company or one building Mr. Carroll said it meant one entrance. Mr. Cataldo inquired as to the size of the building and Mr. Wheeler said it would be 33,000 feet, two-story, and the construction costs would be $600,000 or $650,000. Mr. Brown asked what provisions had been made for sewer, and Mr. Wheeler replied they hope to have tempo- rary septic facilities. Mr. Brown said he thought Mr. Wheeler was in a where posi- tion osi- ti n o e e the land damages with the State would be less if he went along with this scheme here and personally he would not object to two five-acre parcels . The Chairman asked if Mr. Wheeler wanted the Board of Selectmen to "carry the ball, or part of it" . Mr. Wheeler said number one is the problem with the State to get the best layout for the ramps, to get the most land available for development, and to assure Burroughs of some boundary lines. He said Burroughs cannot wait for the hearings on a subdivision approval. He asked if the State is not willing to make a favorable decision, could he at least end up with two usable lots . The Chairman asked if the first thing for Mr. Wheeler to do was to go back to the State. He said the Board of Selectmen should discuss this with the Planning Board before arriving at a decision. Mr. Wheeler said the Board would not receive an answer from the State quickly ensbugh to satisfy Burroughs. The Chairman asked if Mr. Wheeler wanted a commitment from the Planning Board. Mr.Wheeler replied that he needs some assurance that there will be two usable lots. Mr. Wheeler said in going back to the State from now on, he thought there should be a representative from the Planning Board or the Board of Selectmen. He said he would like to be able to report back to Burroughs. The group retired at 9:10 P.M. Later in the evening, the Planning Board agiin met with the Selectmen and Mr. Mabee reported that his Board agrees that it has a commitment to the State in the Selectmen' s letter of March 21, 1963 which he felt the Boards should abide by. The Chairman stated that Cabot, Cabot & Forbes want an indication of the Planning Board' s feeling towards them going ahead with locating the building on the present frontage and present Spring Street . He asked how this was to be handled and said the Board' s only interest is getting additional assessable valuation. tat) Mr. Mabee said if Cabot, Cabot & Forbes waiat ,to negotiate with the State, they could do so, but he thought the Board should abide by the letter of March 21. The Planning Board retired at 10:30 P.M. The Chairman said Cabot, Cabot & Forbes should be told that the Board met with the Planning Board and discussed the proposition, and the feeling is that, in rediscussing the matter, the Town had committed itself to taking no part in this. He said the Town has given the State prior approval and the Board would not object to any negotiations Cabot, Cabot & Forbes might make on its own. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- Executive cussing, deliberating or voting on a matter which, if Executive Session made public, might adversely affect the public security, Session the financial interest of the own, or the reputatwn of any person. Mr. Carroll discussed the subj _ct of the telephone arrangements with the Public Works Department foreman and the arrangements for raising and lowering the flag on the Common. ' Upon motion duly made and seconded, it was voted to resume the open meeting. Mr. Carroll presented each member of the Board with a memorandum, dated April 5, 1963, relative to the contract for a 24" water main, dated December 7, 1961, with Wes-Julian Construction Corporation. At 9:30 P.M. , Mr. Vogel of Wes-Julian, Mr. Edward Howard, and Mr Rowe of Whitman & Howard, met with the Board. Mr. Vogel said he did a water job in Lexington which ended up in a dispute. He said when the job was finished and he sat down to go over the differences, there was about $16,000 he thought he should be paid for, and agreed, from the standpoint that he would accept a settlement based on the item over which there was a mis- understanding, bituminous surface He said there is a wording of six foot width but he maintained it is im- possible to work on a six foot width, and the bid price was based on a full tonnage amount. He believed he was intended to get paid on a full tonnage He had one contractor do the paving and he would not give him the type of surface he wanted, so he went to another con- tractor and paid him off in full on a full tonnage basis. The new contractor understood he would be paid on a full 240 3C C4 He said on the price bid and the price he received, neither one could do the work if paid only on a six foot width. The Chairman asked if this was only one bill in dispute, and Mr. Vogel replied that it is one item. The Chairman asked if it was all of the paving and Mr. Vogel replied in the negative. He said for some reason or other, there is a temporary pavement also and no one has cut that down to a six foot width. At the present time, he has one item being paid on a full tonnage price, and the other item, saying the same wording, being paid on a six foot width. He said what bothered him was the position of the consultant vs the Town man. He said there was a meeting after the job was finished on November 28. That meeting ended up with the view being expressed that he should be paid for only six foot width. On the other items in question about $6,000 or $7,000, they were going to call him and let him know, but he never received an answer. On January 10, he came out to see Mr. Carroll because he had an idea there was disagreement between him and the consultabb. Mr. Carroll told him that the consultant at no time suggested Mr. Vogel was entitled to paymant He said he could not understand that because the con- sultant made previous payments. He told Mr. Carroll he had no doubt but that the consultant would recognize there was merit to the whole thing. He stated that Mr. Carroll' s attitude was that if the consultant wanted to recommend payment of the item, he would recommend to the Selectmen that the Town sue the consultant for not properly handling the job . The Chairman explained that the relation of Mr. Carroll and the consultant is not Mr. Vogel's worry. Mr. Howard stated that the contract document says the engineers are the ones the contractor shall look to for final decision, and Mr. Vogel agreed. The Chairman said that would seem to settle the matter. The contract is not in unusual form, and he thought the question was taken care of in the contract. Mr. Carroll said he felt the contractor should not be paid the extra $10,000, and if the engineer said he was entitled to it, the Town would have to pay. He said he felt if that was the case, he would recommend to the Board that the engineer had made a mistake and in so doing, had not protected the Town. The Chairman said that was the basis on any contract. Mr. Carroll said if the engineer makes an error which entitles the contractor to additional payments, and the Town is obligated to pay, he thought it is the Town ' s responsibility to protect itself. 241 Mr. Legro, Town �'ounsel, arrived at the meeting at 9:50 P.M. The Chairman explained that the contractor contends that the original specifications are not clear, and the question is the $10,000 on the interpretation of the clause saying per ton or per foot. Mr. Howard referred to and read sections of the contract. He stated that he talked to Mr. Vogel and told him there was no change in the estimate as far as he could see it. Mr. Vogel then saw Mr. Howard at his office, but there was nothing that changed his mind. He reported that he and Mr. Carroll talk weekly, and Mr. Rowe talks to Mr. Carroll daily. At no time did Mr. Carroll or he say there was any misunderstanding between the two. The Chairman said this type of work has been done many times before and this is a standard form of con- tract. He asked if this type of question ever came up before, and Mr. Howard replied in the negative. The Chairman said the major question is the $10,000 and the form of payment which is geeting into a legal question. Mr. Legro said he would give the subject some con- sideration, and it was agreed by all present that the Town Counsel should go over all the facts of the contract. Messrs. Howard, Rowe and Vogel retired at 10:00 P.M. Letter was received from John H. Peterson, 9 Bowman Street, Lexington, claiming da_ .ages in the amount of $81.90 to his car as a result of a hole in Watertown Claim Street. Mr. Carroll said he had given Mr. Legro a report on this today. Upon motion duly made and seconded, it was voted to approve the following j/o pole location on Grove Street: Grove Street, northeasterly side, approximately 25 feet southeast of Diamond Road, -- One (1) pole. (One JO pole to be removed) . Letter was received from Richard S. Townsend, 7 Mowers Road, requesting the installaticn of a storm drain to run approximately 195' to a connection with the storm newer in Henderson road. Drainage Mr. Carroll said, as a matter of policy, he did 242 not think the Town should put drains in unaccepted streets without accepting the streets . He said to his knowledge the only time the Town puts in a drain in an unaccepted street is in connection with drainage in an accepted street . He also advised that there are no funds available for this projedt. It was agreed to advise Mr. Townsend that if an application is filed for the acceptance of Nowers Road, it would be given serious consideration by the Board when projects for 1964 are being discussed. The Chairman read a letter fromMrs . George MacBeth, Sewer 507 Waltham Street, relative to a taking for a sewer easement easement which she wants todiscuss with the Board.on her return from Florida later this month. The Chairman read a letter from William L.Potter, Trustee, Walnut Farm Trust, in regard to a taking of Potter a water easement over property of the Trust located claim at the corner of Waltham Street and Marrett Road. Mr. Carroll presented aplan and indicated the location of the easement which he explained was taken over an existing drainage easement. He said the Trust would not agree torant the easement, and therefore g the Board made the taking. It was agreed to offer the Walnut Farm Trust $100 in full settlement . Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen 's Meeting held April 1, 1963. Upon motion duly made and seconded, it was voted 'o go into executive session for the purpose of dis- cussing, deliberating or voting on a matter which, if Executive made public, might adversely a,ffeot the public security, Session the financial interest of the own, or the reputation of any person. The Chairman called for a discussion of Mr. Stevens' memorandum covering the conference between representa- tives of the Town and the United States Air Force, and a letter, on the same subject, received fromJames C. Mallen, dated April 2, 1963. Following a lengthy discussion, it was voted to resume the open meeting. Mr. Carroll retired at 11:04. P.M. 24a Mr. Gray reported that he hdd a visit from Mr. Sarandis, 25 Ewell Avenue, regarding a depression in the road that fills up during a rain and runs onto his land and down onto School Street. He said the water has been seeping into a house on School Street owned by Mr. Noonan, whose attorney is seeking damages from Mr. Sarandis. Mr. Gray said this is an unaccepted street and he advised Mr. Sarandis that as far as he knew, the Town Drainage has no responsibility. He said he thought this was a matter between Mr. Sarandis and his neighbor. The Chairman said this is not the Town' s responsi- bility and furthermore, there are no funds available. Mr. Gray read a memorandum to the Board from the Traffic Study Committee. Traffic Upon motion duly made and seconded it was voted Memorandum to accept the following recommendations: April 84. 1963 Mmmoramdum to The Board of Selectmen From: The Traffic Study Committee It is the recommendation of the Traffic Study Committee that "Stop" signs be erected on the south- east corner and the northwest corner of Sherburne Rodd at the intersection of Winthrop Road. Re: Letter from Edwin J. Breslin, 2227 Massachusetts Avenue, of February 23, 1963. It is the recommendation of the Traffic Study Committee that the request of Mr. Edwin J. Breslin for a street light opposite the Concord Hill Market be granted. Re: Letter from Charles J. Collazzo, Jr. , 2360 Massachusetts Avenue, dated February 1, 1963. The Traffic Study Committee submits the following recommendations regarding the letter of Mr. Collazzo: 1 The sidewalk in front of the store mentioned in the letter - - That the situation at the present time does not war;. ant any change from that that exists there at the present time. 2. Estabrook Road - - Estabrook Road is a private way and not under Town control. If Mr. Collazzo desires to have this portion of Estabrook Road paved, the abutters may petition the Selectmen to have this done . 244 lc 1 =� J 3. Sidewalk on Massachusetts Avenue - - The Selectmen will consider this as part of an overall sidewalk study of Lexington and at the present time no re- quest will be made to the utility company to re- locate the poles in the Iodation mentioned uhtil the sidewalk study has been made. Re: Grapevine Avenue it is the recommendation of the Traffic Study Committee that "No Parking" signs be installed on the south side of Grapevine Avenue from Waltham Street to Kendall Road. Re: The junction of Bedford and Eldred Streets The Traffic Study Committee refers to the letter to you, of March 2, 1963, from the Department of Public Works, regarding a request of the Town for traffic police protection at the above-mentioned intersection. The Traffic Study Committee would like the Selectmen to know the Chief of Police will provide pedestrian pro- tection there until June 1st or until the bridge is completed,with local Police Offieers. Re: Request of Robert Townsend, 265 Bedford Street. It is the recommendation of the Traffic Study Committee that "No Parking" signs be installed on the southeast side of North Hancock Street a distance of 250 feet starting at the intersection of North Hancock and Bedford Streets. /s/ Albert Gray, Jr. Clerk, Traffic Study Committee Letter was received from the Board of Health rela- tive to the location of a Hearing Test-Mobile trailer which the Boston Guild of the Hard of Hearing would Trailer like to have during the weeks of April 29 through May 11. The Board of Health suggested that the street parking spaces on Massachusetts Avenue at Depot Square be made available. The Chairman suggested that the request be referred to Chief Rycroft for his recommendation. 245 The Chairman read a letter from Charles S. Ward, of the John Birch Society, requesting permission to park a vehicle in a municipal parking lot and to take April 19 flags from the vehicle for distribution along the parade. He also requested permission to take orders for books upon request. Upon motion duly made and seconded, it was voted to grant Mr. Ward permission to park the American Opinion Bookmobile on the Meriam Street mpnicipal parking lot . The Chairman read a letter from the Chamber of Commerce advising that the Town Celebrations Committee has requested the Chamber to have an additional infor- mation booth during the weekend of April 19. The April 19 Chamber suggested the location of the School Adminis- tration property on Massachusetts Avenue right next to the sidewalk. The Board had no objections and suggested that the Chamber of Commerce contact the School Committee. Request from Elman J. Gracia, 26 Willow Street, Waltham, for permission torun a Kiddie Ride in Lex- ington on April 19, was denied. Letter from Maj. General Terhune relative to a forum and charter of the Hanscom Field-Lexington Com- munity Council was held over. Upon motion duly made and seconded, it was voted to accept with hegret Mr. Charles H. Cole 's resignation Resignation as a member of the Historic Districts Commission. Appointments to the Board of Assessors, Recreation Committee and Town Celebrations Committee were held Appointments over. Invitation was received from the Senior Committee of Hayden Recreation Centre to attend the 250th Anni- versary Youth Dance to be held at the Hayden Recreation Centre on Saturday, April 20, at 8:00 P.M. Invitation No decision was made as to who would represent the Board, but it was agreed to accept the invitation, the representative to be determined at a later date. Upon motion duly made and seconded, it was voted to grant a Taxi Driver License to Richard E. Gahm, Licenses satisfactory character reference having been received from Chief Rycroft. 246 mc C4 Upon motion duly made and seconded, it was voted Order of to adopt an order of taking in lot 158, a sewer ease- taking ment in land of Walter E. Murphy and Robert W. O.rrig, Trustees of Girrac Realty Trust, in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 8th day of April, 1963, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 5, 1962, namely at an adjourned session thereof, duly held on March 19, 1963, in accordance with the provisions of law applicable thereto, it was unanimously "VOTED That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from Pleasant Street, near its intersection with Route 2, to the vicinity of the Woodhaven area end also to the westerly side of the Follen Hill and adjacent areas, subject to the assessment of better- ments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment ther _.of and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropri- ate for such installation and land acquisition the sum of $$58Lj ,1900.00 and to p ovide for payment thereof by the transfer of $33,$16.37 from the unexpended balance of the appropriation for the installation of sewer mains voted under Article 14 of the warrant for the 1959 Annual Town Meeting, by raising $50,183.63 in the current tax levy and the balance of $500,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Select- men, be and he hereby is authorized to borrow the sum of $500,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years. " WHEREAS the Selectmen have determined that it is necessary to install a sewer main in the land hereinafter described. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and quali- fied and acting as such, do hereby, under and by virtue of the pro- visions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every, other power and authority us hereto in any way enabling, take in the name and nd on behalf of said Town of Lexington the per- petual rights and easements to lay, construct, inspect, repair, remove, 247 replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances , and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexington in Lot 158 on Land Court Plan No. 23539L filed in the Middlesex south Registry District of the Land Court with Certificate of Title No. 106791 in Book 664, Page 41, said strip being bounded and described as follows' Beginning at a point in the southeasterly boundary line of said Lot 158 which point is South 63°51'04" West and distant 27.92 feet from the southeasterly corner of said Lot 158; thence running North 42°24' 30" West 20.26 feet to a point of curvature; thence turning and running northwesterly by a curve to the left having a radius of 229.21 feet, distant 155.45 feet to a point; thence turning and running North 81°16'00" West, distant 100.00 feet to a point; thence turning and runL,ing northwesterly by a curve to the right having a radius of 395.87 feet, distant 216.47 feet to a point; thence turning and running North 49°56'10" West, distant 537.83 feet to a point; thence turning and running north- westerly by a curve to the right having a radius of 1179 17 feet, distant 195.40 feet to a point; thence turning and running North 40°26'30" West , distant 730.66 feet to a point in the north- westerly boundary line of said Lot 158; thence turning and run- ning South 66°10' 10" West along said boundary line, distant 52.18 feet to a point; thence turning and running South 40°26'30" East, distant 745.59 feet to a point; thence turning and running south- easterly b. a curve tothe left having a radius of 1229.17 feet, distant 203.69 feet to a point; thence turning and running South 49°56'10" East, distant 537.83 feet to a point; thence turning and running southeasterly by a curve to the left having a radius of 445.87 feet, distant 243.81 feet to a point ; thence turning and running South 81°16'00" East, distant 100.00 feet to a point ; thence turning and running southeasterly by a curve to the right having a radius of 179.21 feet, distant 121.54 feet to a point; thence turning and running South 42°24'30" East, distant 5.68 feet to a point in the southeasterly boundary line of said lot 158; thence turning and running North 63°51'04" East along said south- easterly boundary line, distant 52.08 feet to the point of beginning; all as shown and marked "50' Sewer Easement" on plan entitled "Plan of Sewer Easement in L.C. Lot 158 Off Pleasant Street Lexington, Mass ", dated March 8, 1963, John J. Carroll, Town Engineer, to be registered herewith and a copy of which is annexed hereto and made a part hereof. Said rights and easements in the land included within the above description are taken without interference with or' pre- judice to the rights of the respective owners of the land, ex- cept so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to 248 mc the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and per- forms any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made. Any trees upon the land included within the above de- scribed strips of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Registered Land Lots as Indicated Bert. of Owner on Aforesaid Plan Title Book Page Walter E. Murphy and Robert W. Carrig, Trustees of Girrac Realty Trust 158 106799 664 49 And said Board, having considered the question of damages , hereby determines that no damages have been sustained and none are awarded. Betterments are to be assessed for this improvement. The area which it is expected will receive benefit or advantage, other than the general advantage to the community from such improvements, is as follows Owner Land as Shown on Estimated Aforesaid Plan Betterments Walter E. Murphy and Robert W. Carrig, Trustees of Girrac Realty Trust Lot 158 $19,207.28 24 and it is hereby estimated that betterments will be assessed upon such parcel of land in the amount hereinabove set forth. WITNESS our hands at Lexington as aforesaid, this eighth day of April, 1963. /s/ Alan G. Adams Lincoln P. Cole, Jr. Otis S. Brown, Jr. Robert Cataldo Majority of the board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . April 8, 1963 Then personally appeared Alan G. Adams, Otis S. Brown, Jr. , Lincoln P. Cole, Jr. , and Robert Cataldo, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public My commission expires November 21, 1964 Upon motion duly made and seconded, it was voted to adopt an order of taking in lots 26 and 28, a sewer Order of easement in land of George H. MacBeth and Helen C. taking MacBeth in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS Town of Lexington At a meeting of the hoard of Selectmen of the Town of Lexington held on the 8th day of April, 1963, it is 250 Mr tee ORDERED: Whereas at a Town Meeting duly called, warned and held on March 5, 1962, namely at an adjourned session thereof duly held on March 19, 1962, in accordance with the provisions of law applicable thereto, it was unanimously "TOTED: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from Pleasant Street, near its inter- section with Route 2, to the vicinity of the Woodhaven area and also to the westerly side of the Pollen Hill and adjacent areas, subject to the asses meet of betterments or otherwise, innge ;o deice w$th E�pigtor J f 1140 Aute eeT,1E 97, and fay acts iu, waditet .henegf end .rltatAition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $584,000.00 and to provide for payment thereof by the trans- fer of $33 ,816.37 from the unexpended balance of the appropri- ation for the installation of sewer mains voted under Article 14 of the Warrant for the 1959 Annual Town Meeting, by raising $50,183.63 in the current tax levy and the balance of $500,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $500,000.00 and to issue bonds or notes of the Town therefor, to be payable in ac- cordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years." WHEREAS The Selectmen have determined that it is necessary to install a sewer main in the land hereinafter described. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of said Town of Lexington for sewer purposes a certain parcel of land on Waltham Street in said Lexington, being lot 27 as shown on plan entitled "Section 1 Plan of Farmhurst in Lexington Mass. Belonging to Neil McIntosh Tr.", dated Jan. 1918, by C. H. Gannett, C.E. recorded in Middlesex South District Registry of Deeds in Plan Boo]; 285 as Plan No. 4. Said land is taken with the benefit of all rights and ease- ments now appurtenant thereto. All trees upon said land and buildings and structures affixed thereto are included in said taking. 251 We award the damages sustained by persons in their property by reason of the taking hereby made as follows: George H. MacBeth and Helen C. MacBeth, husband and wife, the sum of One Dollar. In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. Betterments are to be assessed for this improvement. The parcels which it is expected will receive benefit or advantage other than the general advantage to the community from such improvements, are as follows. Land as Shown Estimated Owner on Aforesaid Plan Betterments George H. MacBeth and Helen C. MacBeth, husband and wife Lot 28 $ 243.22 Helen C. MacBeth Lot 26 $ 243.22 and it is hereby estimated that betterments will be assessed upon such parcels of land in the amounts hereinabove set forth. WITNESS our hands and seals in said Lexington, the day and year first above written. Town of Lexington By /s/ Alan G. Adams Lincoln P ole,Jr. Otis S. Brown, Jr. Robert Cat ldo Majority of the -oard of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. April 8, 1963 Then personally appeared Alan G. Adams, Otis S. Brown, Jr. Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument 252 CUMO to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray notary Public My commission expires November 21, 1964 Upon motion duly made and seconded,it was voted Order of to adopt an order of taking in two unnumbered lots a ,taking sewer easement in land of Henning W. Swenson and in lot C, land of Frank D. Walker and Mercedes E. Walker in the following form COMMONWEALTH OF MASSACHUSETTS MIDDT SEX, SS TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 8th day of April, 1963, it is ORDERED Whereas at a Town Meeting duly called, warned and held on March 5, 1962, namely at an adjourned session thereof duly held on March 19, 1962, in accordance with the provision of law applicable thereto, it was unanimously "VOTED That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from Pleasant Street, near its intersection with Route 2, to the vicinity of the Woodhaven area and also to the westerly side of the Follen Hill and adjacent areas, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $584,000.00 and to provide for payment thereof by the transfer of $33,816.37 from the unexpended balance of the appropriation for the installation of sewer mains voted under Article 14 of the warrant for the 1959 Annual Town Meeting, by raising $50,183.63 in the current tax levy and the balance of $500,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is author- ized to borrow the sum of $500,000.00 and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years. " WHEHEAS the Selectmen have determined that it is necessary to in- stall a sewer main in the land hereinafter described. 253 NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexington extending from the weste ly side line of Stedman Road and the easterly terminus of Brookside Avenue easlerly to the common boundary of land of Henning W. Swenson and land of Evangelical Covenant Church of Cambridge, bounded and described as follows: Beginning at a point inthe westerly side line of Stedman Road which point is the southerly terminus of a curve having a radius of 25.00 feet in the southerly side line of Brookside Avenue; thence running southerly along the westerly side line of Stedman Road by a curve to the left having a radius of 660 feet, distant 136 feet, more or less, to a point; thence turning and South 84°27'43" East, distant 1072 feet, more or less, to a point; thence turning and running southeasterly by a curve to the right having a radius of 160 feet, distant 179.26 feet to a point; thence turning and running South 20°16 '13" East, distant 370.00 feet to a point; thence turning and running easterly by a curve to the left having a radius of 250 feet, distant 339.47 feet to a point; thence turning and running easterly by a curve to the right having a radius of 740 feet, distant 544.95 feet to a point ; thence turning and running South 55°51'56" East, distant 34 feet, more or less, to a point in the common boundary of land of Henning W. Swenson and land of Evangelical Covenant Church of Cambridge; thence turning and running easterly along said common boundary, distant 96 feet, more or less; thence turning and running North 55° 51' 56" W .st, distant 116 feet, more or less, to a point; thence turning and running westerly by a curve to the left having a radius of 785.00 feet, distant 578.09 feet to a point; thence turning and running westerly by a curve to the right having a radius of 205 feet distant 27.32 feet to a point; thence turning and running North 20°16'13" West, distant 370 feet to a point; thence turning and running northwesterly by a curve to the left having a radius of 205 feet, distant 229.67 feet to a point; thence turning 254 1 and running North 84°27'43" West, distant 1042 feet, more or less, to a point in the easterly side line of Stedman Hoad; thence turning and running northerly along said side line by a curve to the right having a radius of 620 feet, distant 170 feet, more or less, to a point ; thence turning and running North 89°15'00" West, 38 fed:, more or less, to a point in the westerly side line of Stedman Road; thence turning and running Sout 7°02T25" West along said side line, distant 77.24 feet to the point of beginning; all as shown and marked "45' Sewer Easement" on plan entitled "Plan of Sewer & Drain Easement at Clematis Brook Lexington, Mass.", dated March 12, 1963, John J. Carroll, Town Engineer, to be recorded here- with and a copy of which is annexed hereto and made a part hereof. We do hereby also take temporary construction easements, for use in constructing the sewer to be installed in the permanent easement hereinabove described, in the following strip of land situated in said Lexington: 1. A strip of land having a uniform width of 20 feet, measured at right angles between side lines, and extending from the easterly side line of Stedman Road to the common boundary of land of Henning W. Swenson and land of Evangelical Covenant Church of Cambridge, said strip abutting upon and extending the full length of the northerly boundary of the above described permanent easement, all as shownand marked 20! Temporary Sewer Construction Easement" on said plan; and reference to said plan is incorporated herein for a complete and detailed description of said strip of land. The temporary construction easements herein taken include rhe right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in con- nection with the aforesaid sewer construction . The construction ease- ments shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than July 1, 1965. Said rights and easements in the land included with in the abovedescriptions are taken without interference with or prejudice to the rights of the respective owners oftht land, except so br as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, su successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made. Any trees upon the land included with in the above described strips of land are included within the taking. ' 255 11 The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Unregistered Land Lots as Indicted Owner on Aforesaid Plan Henning W. Swenson Unnumbered lot Henning W. Swenson Unnumbered lot Frank D. Walker and Mercedes E. Walker Lot C And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. No betterments are to be assessed for this improvement. WITNESS our hands at Lexington as aforesaid, this eighth day of April, 1963. /s/ Alan G. Adams Otis S. Brown, Jr. Lincoln P. Cole, Jr. Robert Cataldo Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss April 8, 1963 Then personally appeared the above named Alan G . Adams, Otis S. Brown, Jr. , Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free qct and deed, before me , /s/ Hazel J. Murray Notary Public My commission expires November 21, 196L. Upon motion duly made and seconded, it was voted Order of to adopt an order of taking in lot B a sewer easement taking in land of the Evangelical Covenant Church of Cambridge in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 8th day of April, 1963, it is ,., ORDERED: Whereas at a Town Meeting duly called, warned and held on March 5, 1962, namely at an adjourned session therof duly held on March 19, 1962, in accordance with the provisions of law applicable thereto, it was uanimously "VOTED: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such loations as the Selectmen may de- termine from Pleasant Street, near its intersection with Route 2, to the vicinity of the Woodhaven area and also to the westerly side of the Follen Hill and adjacent areas, subject to the assessment of betterments or otherwise, in accordance with Chapter 50 of the Acts of 1897, and P ZI- all acts in amendmente ther of and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; andto appropri- ate for such installation and land acquisition the sum of58!;.,000.00 and to providefor $ payment thereof by the transfer of $33,ti16.37 from the unexpended balance of the appropriation for the installation of sewer mains voted under Article 14 of the warrant for the 1959 Annual Town Meeting, by raising $50,183.63 in the current tax levy and the balance of $500,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen be and he hereby is authorized to borrow the sum of $500,000.00 and to Issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 144 of the General Laws, as amended, within a period not exceeding twenty years. " WHEREAS the Selectmen have determined that it is necessary to install a sewer main in the land hereinafter described. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Zxington, duly elected and. quali- fied and acting as such, do hereby, under and by virtue of the pro- visions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town cf Lexington the perpetual rights and easements to lay, construct, inspect, 257 repair, remove, replace, operate and forever maintain asanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, in- cluding the right to pass along and over the land for the afore- said purposes, in, through and under a certain strip of land in lot B in said Lexington shown on a plan entitled "Plan of Land in Lex- ington, Mass. belonging to George H. Roberts", dated April 26, 1932, by Rowland H. Barnes and Henry F. Beal, Civil Engineers, re- corded with Middlesex South District Registry of Deeds, Book 5641, Page 195, said strip being bounded and described as follows: Beginning at the northwesterly corner of said Lot B at a point in the common boundary between said Lot B and land now or formerly of Henning W. Swenson; thence running South 55051156" East, distant 215 feet, more or less, to a point; thence turning and running South 0051156" East, distant 46.66 feet to a point; thence turning and running by a curve to the left having a radius of 3091.83 feet, distant 1545 feet, more or less to a point in the easterly boundary line of said Lot B; thence turning and running northerly along said boundary line, distant 70 feet, more or less, to a point; thence turning and running northwesterly by a curve to the right having a radius of 3041.83 feet, distant 1473 feet, more or less, to a point; thence turning and running North 0°51156" West, distant 66.58 feet to a point; thence turning and running North 55°51156" West, distant 163 feet, more or less, to a point in said common boundary between said Lot B and land now or formerly of Henning W. Swenson; thence turning and running southwesterly along said common boundary, distant 96 feet, more or less, to the point of beginning; all as shown and marked "501 Sewer Easement" and "451 Sewer Ease- ment" on plan entitled "Plan of Sewer Easement Lexington, Mass.", dated March 11, 1963, John J Carroll, Town Engineer, to be recorded herewith and a copy of which is annexed he eto and made a part hereof. We do hereby also take temporary construction easements, for use in constructing the sewer to be installed in the perma- nent easement hereinabove described, in the following strips of land situated in said 1,exington- 1. A strip of land in said Lot B having a uniform width of 10 feet, measured at right angles between side lines, and extending from the southwesterly side line of the hereinabove described permanent easement as shown and marked "451 Sewer Easement" on said plan to the easterly boundary line of said Lot B, said strip abutting upon and extending the full length of the southwesterly 258 ,., MC boundary of the above described permanent easement marked "501 Sewer Easement" on said plan, all as shown and marked "101 Temporary Construction Easement" on said plan; and 2. A strip of land in said Lot B having a uniform width of 10 feet, measured at right angles between side lines, and extending from the easterly boundary line of said Lot B to the temporary construction easement hereinafter described and marked "201 Temporary Construction Easement" on said plan, said strip abutting upon and extending the full length of the northeasterlyboundaryof the above g described permanent easement marked 11501Sewer Easement" on said plan, all as shown and marked 11101 Temporary Construction Easement" on said plan; and 3. A strip of land in said Lot B having a uniform width of 20 feet, measured at right angles between side lines, and extending from the above described temporary con- struction easement abutting the northeasterly boundary line of said permanent easement marked "501 Sewer Ease- ment" on said plan to the common boundary of said Lot B and said Swenson land, said strip abutting upon and ex- tending the full length of the northeasterly boundary of theaabove described permanent easement marked "1451 Sewer Easement" on said plan, all as shown and marked "201 Temporary Construction Easement" on said plan; and reference to said plan is made and said plan is incorpo- rated herein for a complete and detailed description of said strips of land The tempory construction easements herein taken include the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the aforesaid sewer construction The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than July 1, 1965. Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and ease- ments hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent with the use thereof for all of the purposes hereinabive mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the own to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made . 29 Any trees upon the land included within the above described strips of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Unregistered Land Lots as Indicated Owner on Aforesaid Plan Evangelical Covenant Church of Cambridge B And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. No betterments are to be assessed for this improvement. WITNESS our hands at Lexington as aforesaid, this eighth day of April, 1963. /s/ Alan G. Adams Lincoln P. Cole, Jr Otis S. Brown, Jr. Robert Cataldo Majority of the board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss April 8, 1963 Then personally appeared Alan G. Adams, Otis S. Brown, Jr. , Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed, before me, /s/ Hazel J. Murray Notary Public My commission expires: November 21, 196L. C4 Upon motion duly made an seconded, it was voted Order of to adopt an order of taking land of Albert DeVincent, taking Henry DeVincent, Adolph F. Kroll, and Alice Kroll, for a school site in the following form COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ZS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 8th day of April, 1963, it is ORDERED:-Whereas by vote duly adopted by a Town Meeting duly called, warned and held on the 5th day of March 1962, namely at an adjourned session thereof duly h.ld on March 19, 1962, the Selectmen were author- ized on behalf of the lown of Lexington to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes, the land hereinafter described and an appropriation of money was made therefor. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by virtues of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926, and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for sewer, water, drain, street, school and playground purposes two parcels of land situated on Moreland Avenue in Lexington, the first parcel con- sisting of lots 160 through 176, inclusive, as shown on plan entitled "East Lexington Estates East Lexington, Mass. Owned by J. W. Wilbur", dated November 21, 1913, A L. Eliot, Civil Engineer, recorded in Middlesex South District Registry of Deeds in Plan Book 219 as Plan No. 41, together with the fee to the middle line of that part of said Moreland Avenue on which said lots abut, and the second parcel con- sisting of lots 318 through 340, inclusive, as shown on said plan, together with the fee to the middle line of that part of said Moreland Avenue on which said lots abut, and lots 131 through 155, inclusive, as shown on plan entitled "East Lexington Farms, East Lexington, Middlesex County, Mass. Owned by J W. Wilbur", dated November 10, 1913, A. L. Eliot, Civil Engineer, recorded in said Deeds in Plan Book 219 as Plan No. 42, together with the fee to the middle line of that part of said Moreland Avenue on which the said lots abut. Said land is taken with the benefit of all rights and easements now appurtenant thereto. All trees upon said land and buildings and structures affixed thereto are included in the taking. 2t9i We award the damages sustained by persons in their property by reason of the taking hereby made as follows: Unregistered Land Lots as Shown on Aforesaid Plan No.41 Damages Owner in Plan Book 219 Awarded Albert DeVincent Lots 318-340, inclusive 51.00 Henry DeVincent Lots 318-340, inclusive 51.00 Adolph F. Kroll Lots 160-176, inclusive S1.00 Alice Kroll Lots 160-176, inclusive $1.00 Owner Lots as Shown on Bbresaid Plan No.t2 Damages in Plan Book 219 Awarded Albert DeVincent Lots 131-155, inclusive 4;1.00 Henry DeVinoent Lots 131-155, inclusive $1.00 In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly sta- ed, it is to be understood t}st such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are now to be assessed for the improvements for which this taking is made. WITNESS our hands and seals in said Lexington, the day and year first above written. TOWN OF LEXINGTON By/s/ Alan G. Adams Lincoln P. Cole, Jr. Otis S. Brown, Jr Majority of the board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. April 8, 1963 Then personally appeared Alan G . Adams, Otis S. Brown, Jr. , Robert Cataldo, and Lincoln P . Vole, Jr. , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deedaand the free act and deed of the Town of Lexington, before me, /s/ Hazel J Murray Notary Public 262 Upon motion daly made and seconded,it was voted Order of to adopt an order of taking of land of Oscar W. Carlson taking and Lillian M. Carlson for a school site in the following form COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the board of Selectmen of the Town of Lexingto held this 8th day of April, 1963, it is ORDERED: -Whereas by vote duly adopted by a Town Meeting duly called, warned and held on the 5th day of March, 1962, namely at an adjourned session thereof duly held on March 19, 1962, the Selectmen were author- ized on behalf of the Town of Lexington to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes, the land hereinafter described and an appropriation of money was made therefor. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town cf Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926, and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for sewer, water, drain, street, school and playground purposes a parcel of land situated on Rockville Avenue in Lexington, being lot 57 as shown on plan entitled "East Lexington Farms, East Lexington, Middle- sex County, Mass. Owned by J.W. Wilbur", dated November 10, 1913, A.L. Eliot, Civil Engineer, recorded in Middlesex South District Registry of Deeds in Plan Book 219 as Plan No.L2, together with the fee to the middle line of that part of Rockville Avenue on which the above lot abuts. Said land is taken with the benefit of all rights and easements now appurtenant thereto. All trees upon said land and buildings and structures affixed thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: Oscar W. Carlson, the sum of One Dollar Lillian M. Carlson, the sum of One Dollar In so awarding damages we have awarded themto the supposed owner of record of the land hereby taken as of the date hereof, but if the 263 name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are now to be assessed for the improvements for which this taking is made WITNESS our hands and seals in said Lexington, the day and year first above written. TOWN OF LEXINGTON By /s/ Alan G. - dams Lincoln P. Cole, Jr. Otis S. Brown, Jr Majority of the Loard of Selectmen COMMONWEALTH OF MASSACHUS,,TTS Middlese,, as. April 8, 1963 Then personally appeared Alan G. Adams, Otis S. Brown, Jr. , Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrum1nt to be their free act and deed and the free act and deed of the own of Lexington, before me, /s/ Hazel J. Murray Notary Public My commission expires November 21, 1961 All above orders were prepared by Mr. Legro and taken by him after execution by the Board. It was agreed to ask the Historic Districts Com- mission, the Lexington Historical Society and the Chamber of Commerce to submit lists of names of individuals to Appointment be considered for appointment to the committee author- ized by the Town Meeting under Article 32 of the Warrant for the Annual Town Meeting. 264 Mr. Brown reported that he and Mr. Gray had attended Meeting a meeting at the State House on Governor Peabody' s pro- posed tax bill. The larger cities and towns were in favor of the proposal, but the smaller ones were not . The meeting adjourned at 11:40 P.M. A true record, Attest : „Fitec Live# Clerk Select en Al‘ L 1