HomeMy WebLinkAbout2037.7 Letter, Topographical Survey Commission to Governor of Massachusetts regarding the Waltham-Lexington boundary, November 6, 1895Commonwealth of Massachusetts.
TOPOGRAPHICAL SURVEY COMMISSION.
Office, Commonwealth Building, 11 Mt. Vernon Street.
HENRY L. WHITING }
DESMOND FITZGERALD } Commissioners
ALFRED E. BURTON }
Boston, November 6th. 1895
To His Excellency
Frederick T. Greenhalge
Governor of Massachusetts.
Your commissioners beg leave to present the following report
in reference to the requirements of the act of the General Court
below cited, as follows: —
Chapter 229, Acts of 1895.
An act to locate and define the boundary line between the
city of Waltham and the town of Lexington.
Section 1. The commissioners on the topographical survey and
map of Massachusetts, after hearing parties interested, upon proper
notice, are hereby authorized and directed to locate and define
the true boundary line between the city of Waltham and the town
of Lexington, and to mark said boundary line by appropriate
monuments. The boundary line thus located and defined shall be
the true and correct boundary line between said city of Waltham
and said town of Lexington.
Section 2. This act shall take affect upon its passage.
Approved March 27, 1895.
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In execution of the work assigned to them the commissioners
gave due notice to parties interested of a hearing to be given by
their board at the City Hall in Waltham on Wednesday the fifteenth
of May current.
At this hearing various statements were made in regard to
the location and marking of the points defining the boundary line
between the city of Waltham and the town of Lexington.
Reference was made to the establishment of this line as far
back as 1635, defined at one end by a "poplar tree" on the north
west shore of the "Great Fresh Pond", and, "from the tree up into
the country north west by west upon a straight line by a meridian
compass". No evidence was given as to more definite data affecting
the initial points or the direction of this line of boundary:
and further than this, an examination of the ground in question
the commissioners were unable to determine either the initial
points or the direction of the line referred to.
The identity and correct position of the initial points of
the boundary line between Waltham and Lexington, as at present
marked and defined were questioned, but testimony was given as to
the permanent existence of the position of these points and the
monuments marking them during the last 34 years, and other testimony
certifying to 56 years.
Another question of boundary was raised in reference to the
location and extent of a tract of land said to be within the
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territory of the city of Waltham and formerly belonging to Matthew
Bridge. No definite evidence was given as to the location, extemt
or marking of this tract of land. The question of boundary, however,
involved both legislative and municipal action in relation
to this tract of land and the commissioners deemed it their duty
to investigate fully the legal bearings of the case, and is this
end referred the matter to a professional conveyancer who reported
as follows :
"As the result of my investigation of the contention between
the towns of Lexington and Waltham, I beg leave to report that so
far as appears of record, I am unable to definitely locate what is
commonly known as the 'Matthew Bridge Farm'. There is, however, no
doubt but that the property is located within either the limits
of the present city of Waltham or the town of Belmont, and is not
a part of the town of Lexington.
Originally that part of the country new called Lexington,
was known as the North Parish of Cambridge, and was set off as such
December 16th, 1691, being described as follows: — 'Beginning at the
first run of water or swamp place, ever which is a bridge or way,
on the south side of Francis Whittemore's house towards the town
of Cambridge, across the neck of land between the Woburn line and
that of Watertown, upon a South-west and North-east course'.
On the 20th day of March, 1712, the North Parish of Cambridge was
incorporated as the town of Lexington. Matthew Bridge was the
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first Town Clerk of that town.
On the 26th day of March, 1755, Matthew Bridge petitioned the
General Court as follows : 'That he is very inconveniently situated
for attending public worship of God in either of the meeting
houses of Cambridge, and much more commodiously situated for the
meeting house in Waltham, and prays that he and his estate may be
set off to the town of Waltham', which petition was granted June
1st, 1755, in which decree it also appears that the estate of
Matthew Bridge comprised some fourteen or fifteen acres.
On March 18, 1859, the town of Belmont was incorporated,
being compromised of certain portions of the towns of Watertown,
Waltham and West Cambridge, in the description of which is set
forth the fact that the North-westerly boundary line of the town
of Belmont, runs to a certain stone post ; 'said post being at the
extreme south-east corner of Lexington', from which the inevitable
conclusion must be that as Lexington was set off from Cambridge
in 1712, which was forty-three years prior to the filing of the
petition of Matthew Bridge to have his property incorporated into
the town of Waltham, which property, at that later date was set
forth as being in Cambridge, must have been in that portion of
Cambridge not set off as Lexington, and as there does not appear
to have ever been any change made in the boundary line between Lexington
and Waltham since the incorporation of the former in 1712,
and as the North-westerly line of Belmont defined by the Statute
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of 1859, ran up to the Lexington line, the farm of Matthew Bridge
must have been in that part of Waltham adjoining Cambridge, which
was absorbed by the formation of the town of Belmont, and is to-day
a part of that town.
Therefore, as the duty of your Board is to define the line
between Lexington and Waltham only, I fail to discover any reason
why you should consider the question of title to the Bridge Farm
at all, it being entirely within the town of Belmont" .
After due consideration of all the evidence given in the case
your commissioners are of the opinion that there is not sufficient
cause for changing the position of the bounds already in existence
and "determined by triangulation" and which for so many years
have been acknowledged as marking the boundary line between the
city of Waltham and the town of Lexington.
Therefore, your commissioners hereby locate and define the
boundary line between the city of Waltham and the town of Lexington
to be as follows : —
Beginning at a point common to the adjoining municipalities
of Waltham, Lexington and Lincoln and marked by an appropriate
stone monument having the letters W.L.L. cut thereon and situated
in North Latitude 42° degrees 25' 28".18 and in West Longitude 71° 16' 08".80
and running thence in a straight line the true course of which is
South 66° 08' East a distance of 16529.9 feet to a point common
to the adjoining municipalities of Waltham, Lexington and Belmont
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and marked by an appropriate stone monument having the letters
W.L.B. cut thereon situated in North Latitude 42° 24' 22".07 and
West Longitude 71° 12' 42".31. Said line to be hereafter regarded
as the true and correct boundary line between the city of Waltham
and the town of Lexington.
Respectfully submitted,
Desmond Fitzgerald
Alfred E. Burton