keeping just five rods distant from the said wall on the north side of the trunk of the Canal, continuing or extending into the Mill-Pond or Concord River; thence, keeping the same distance of five rods from the Canal agreeably to the course thereof, as far westward as said Rogers' land extended, and as far as he had a right to sell to the Proprietors of the said Canal; thence, westerly by said Concord River until it comes to Jonathan Pollard land, or land which he sold to the Proprietors of the Canal; then the line turns and runs eastwardly by the land which the said Proprietors purchased of said Pollard, until it comes to the road before mentioned; then the line turns and runs northerly by the said road to the bound first mentioned, containing by estimation one and one-quarter of an acre, more or less. And for a more particular description reference may be had to the deed of William Rogers, dated Dec. 21, 1779, recorded in Middlesex Registry, Book 143, Page 118. The eleventh piece or parcel of land lies in the town of Billerica, and is bounded and described as follows, viz.: Beginning at a stake and stones by the easterly side of the road just four rods from the south-westerly corner of William Rogers' dwelling-house, from the said stake and stones the line runs an easterly course by land of said Rogers, about seventeen rods to a stake and stones, which is placed just ten and one half rods from the centre line of the Middlesex Canal, measuring at right angles from the said centre line; thence, from said stake and stones last mentioned, the line turns and runs a more south easterly course exactly parallel with the said centre line, and just ten and one half rods distant from it, having said Rogers' other land on the north of the premises until it comes to the Jonas Saunders' road, so called; then the line turns and runs a southerly course, having said Jonas Saunders' road on the east, crossing the Canal at the bridge and extending southerly to a stake and stones ten rods from said centre line of the Canal, measuring at right angles from it; from thence, the line turns and runs north-westerly, keeping ten rods from said centre line of the Canal to a stake and stones by a pond-hole, and about seventeen rods to a stake and stones at the first mentioned road; from thence, the line turns and runs a north-northeasterly course by the east side of said road, crossing the Canal to the bound first mentioned, with all the privileges and appurtenances to the premises belonging, and containing by estimation, twenty acres and five rods. The above described piece or parcel of land was purchased of William Rogers by his deed, dated Dec. 21, 1799, and is recorded in the Middlesex Registry, Book 143, Page 118, to which reference may be had and likewise to a plan drawn by R. H. Eddy, dated September 8th, 1851. And whereas, the Middlesex Canal passes over and through each of the above described parcels of land, the same are hereby conveyed subject expressly to the reservation of all easements and services necessary for or incident to the preservation and use of said Canal, for the purpose of navigation and of all rights of the public therein, until the same shall be lawfully discontinued. And further, the said Proprietors of the Middlesex Canal do hereby bargain, sell, remise, release and forever quit claim to the said Charles P. Talbot and Thomas Talbot, their heirs and assigns, all the right, title, interest and estate, held by the said Corporation under the deed of Thomas Richardson, dated March 25, 1794, recorded in the Middlesex Deeds, Book 115, Page 258, in and to the use of the waters of Concord River, and the mill privileges thereto belonging, subject to the conditions contained in said deed, and to the prior grants of said Corporation to Francis Faulkner, by deed dated May 4th, 1825, recorded with Middlesex Deeds, Book 260, Page 48; and to Nathan Mears, by deed dated March 15, 1826, recorded with Middlesex Deeds, Book 265, Page 202, and subject also to the conditions hereinafter set forth. To have and to hold the above released premises with all the privileges and appurtenances excepting as aforesaid, to the said Charles P. and Thomas Talbot, their heirs and assigns, to their sole use and behoof forever. But upon the express condition that the said grantees shall perform all the duties and obligations towards the town of Billerica, which the said grantors are bound to perform by virtue of the Vote of the Inhabitants of said town, referred to in the deed of said Thomas Richardson, and all other conditions set forth in said deed; and also, that the said grantees shall not, whensoever forbidden so to do by said Corporation, in writing signed by their agent, and until said Canal shall be lawfully discontinued, draw the waters of said river lower than three-fourths of an inch below the tops of the flash board on the stone dam (the lawful height of said flash boards being fixed by the top of an iron pin driven into a fast rock at the side of the river, near said dam, which is to be referred to, to determine the point below which the said waters shall not be drawn), and on the further condition that the said grantees shall after the discontinuance of said Canal, either maintain and keep in good repair at their own expense, the two Canal bridges southerly of the Concord River adjoining lands above described, or else shall take down the said bridges and fill up said Canal under the same, and make thereon in the place of said bridges a good and sufficient road way to the satisfaction of the town of Billerica; the said grantees to have for their own use and benefit all the stone and materials of which said bridges are composed. And the said Corporation do hereby covenant to and with the said Charles P. and Thomas Talbot, their heirs and assigns, that the above released premises are free from all incumbrances, except as aforesaid made or suffered by the said Corporation, or any of its officers, and that the said Corporation will warrant and defend the same premises to the said Charles P. and Thomas Talbot, their heirs and assigns, against the lawful claims and demands of all persons, claiming by, through, or under said Corporation, except for breach of condition as aforesaid, and against none other. In Wilness Whereof, Ebenezer Chadwick, in his official capacity as President of the Middlesex Canal Corporation, hath hereunto set his hand and affixed the seal of the Corporation, this twenty-second day of September, in the year of our Lord one thousand eight hundred and fifty-one. The words "thence the line turns and runs a south-westerly course by the roadway one hundred and thirty feet, more or less, to the bound of beginning," interlined on the second page before signing. EBEN CHADWICK, Pres't. [SEAL.] Signed, sealed and delivered in presence of SUFFOLK, ss.: CALEB EDDY. Commonwealth of Massachusetts. OCTOBER 13, 1851. Then personally appeared the within named Ebenezer Chadwick, and in his official capacity as President of the Middlesex Canal Corporation, acknowledged the aforegoing to be the free act and deed of said Corporation, before me, |