Restrictions ast use of Privali way, Pq 62 Leids 3TH Brief >M Ind D. m, +ML-DIV, SOLVAT HAA 10ft way mt rines following N. him of Nutold across Marker - + Den on to feeds way Brit = Marker to Don 454-543 / Dan to Marlene 454-535 (Life ) P9 72 462-251, Pq 75- 454-543 Marker $ Don each side of Ky for C + D 5'0 oft mernation on the for wellpat of H-C, ton E, olives not affect hear 77 454-547 2 easuts 7, + wal C 136.35 116 68165 \ 3653 20.449 161 3H1 30 3H1 30 454-535 S, BID to mis, m 90 TRANTRANED Convey HDD SUIVE sult Rest, No here, to abst view from C. Nobldy M. -Nursi 454-537 S.B.D- Mhs. totablishing Private way, Sub t Restrictions No rights santed to others expect as differentiate Make bad. poler-this - or fifes on or above surface some No part 1 And above ref Old It what g, B.D. to Mr. Mo 454-547 2 Connys strip conyd out & varir set, lot 7. on Pg 63, 2 ship + of similar Old Jann Rest / west C the W, of schoon HARd, DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE NATIONAL MONUMENT OFFICE OF THE CUSTODIAN 191 462-251 D.t. M, liteph thight win poly 10/1-stry adjetimate on D adj Z MILLION DESK SERAICE 06 the DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE OFFICE OF THE CUSTODIAN NATIONAL MONUMENT 191 the Oct. 27, 1908. William O. Enery, Esq., Register of Deeds, Elleworth, Me. My dear Mr. linery: the enclose two Warranty Deeds and two Indentures for record. there is, we think, no necessity of recording more than one copy of each Indenture, putting the certificate of Record however u; or both copies of each. Yours very truly, Nav. 20th, 1907 Mr. George B. Dorr, 18 Commonwealth Ave., Boston, Mass. Dear Sir: - I have received from Mr. Hill a plan of the proposed road across your land and that of Hrs. Markoe. The plan shows a road with several curves. He has described it, however, by giving numerous short courses and distances. If the road is to follow in part, curved lines, his description is, of course, only approximately accurate. In order to accurately describe the curves it will be necessary for Mr. Hill to make some further survey 80 that the deed will show direction of chord, length of radius etc. Please advise me whether the description which we have, consisting of straight lines' and angles is sufficiently accurate for our purposes, or do you wish a further survey made 60 3.8 to have the curves in the road described with abso- lute accuracy? Yours very truly, 18 Commonwealth Avenue, Boston November 27th, 1907. L. B. Deasy, Esq., Bar Harbor, Maine. My dear Mr Deasy, This is just a line to give you Mr and Mrs Newbold's full names which I have looked up in the Social Register. Mr Newbold's name is John Sargent Newbold and he married Mrs Markoe's niece Virginia Campbell. I expect to come down for a couple of days tomorrow, Thursday, night, bringing down with me Mr W. W. Brown, the head of the Metropolitan Sewerage Board to give the town his advice unon its sewerage-outlet problem. 1000 I "hope to see you while I am there. Yours truly, George B work Hein on Deasons Refer t Plan in mainter - Cume an a contance from center to Newboen line new of our by by c comy on 1classes Set forthfast restrictions can ^ way once private gina as by upted from war any It is further provided in the deed that the power to confer legal right to make use of the new road on others than those who may acquire it through ownership of land to which that right belongs shall be vested in us jointly so long as we both shall live and continue to hold land abutting on this road on the earlier right of way to which it gives an exit. Upon our respective deaths that right shall pass to our rep- resentatives but shall cease with our interest or our estate's in- terest in land served, directly or indirectly, by the road. When that interest ceases the power to give such right shall then pass to the several owners of the land through which the road passes. All the land now owned by Mrs Markoe at Bear Brook or by myself included in my Oldfarm property, which is all the land now held by me at Bar Harbor, shall possess perpetually rights of way over this road, and the future owners of the land through which it passes shall not have power to close it to its owners. The road itself, as well as the fifty foot strip above men- tioned, is to be permanently restricted from poles and overhead wires or pipes not buried beneath its surface or any other service causing disfigurement upon it. such wires or pipes may be brought underground however by the owners of the land traversed or those to whom they may grant such right but such rights shall not exist to the road's disfigurement or injury. Provided however that no service by either wire or pipe brought in from the public road along the road in question be given directly or indirectly to land extending beyond our present ownerships without first obtaining the consent of both or all the owners of the right- of-way. List of restrictions to be placed upon a strip of land fifty feet wide lying upon either side of sols Cliff Road and Schooner Head Road along the portions designated in our deeds, these restric- tions to be practically co-extensive for both owners. Restriction from all buildings or other structures. From poles and wires for electrical or other service, carried above ground. And from water or other pipes similarly carried above ground. From yards and enclosures, such as yards for animals or poultry, stable-yards, laundry-yards, or yards for storage. From manure or garbage heaps, garden or other refuse or any obvious source of disfigurement or of annoyance to either sight or smell. The object of these restrictions being to preserve the beauty of the roadsides and the pleasantness of the roads to those abutting on or using then. This restriction is to apply on Mrs Markoe's side to the whole road frontage of the land which she acquires from me, whether front- age on sols Cliff Road or Schooner Head Road; and unon her strip of road frontage on Sols Cliff Road lying between Lot F which she ac- quires from me and Lot D in which she retains a life interest, that is, the road frontage of Lot L7 as designated on the surveyor's map. And the restriction upon my side is to apply to the road frontage on both the above roads lying opposite to the road frontage restricted by Mrs Markoe and equal to it in extent. The restriction on my side applies mainly to land already owned by me but also to the western portion of the road frontage of Lot C as far east as to its intersection by the prolongation of the western boundary of Lot D, at which Mrs Markoe's similar restriction ceases. Washington Sep 30th Dear Mr ogden, First let me thank you for your careful conscientious admirable paper and say that I had no idea what a work it was. It is really wonderful how deeply you have gone into it. Then I want to say that we must insist on paying for work done in your vacation and so elaborately done. I shall be none the less grateful for your friendly kindness in doing us this favour. I want to say too that I an absolutely satisfied with your decision but now to questions. 1. I notice that all restrictions are imposed on me -- but surely those on the roadsides would also be laid upon Mr Dorr. 2. There are certain things in case of niy death. NOW I earnestly hope that G. B. D. will survive me many years, but I have seen the course of nature so often overthrown, that it seems to me some provision should be made for such a calamity as my outliving him. 3. There would be no difficulty between him and me about clearing the trees on Lot C. I am sure, and I mean to do 1t with him, but I think that as it stands any one who bought the upper lot night cut trees etc. That right I would not concede. I will do it with Mr Dorr -- or after my death he can do it -- but no one else. I don't see that Mr D. gives a right of way over his land from the S. H. road, as I buy his land, any more than I give a right over 2 my land, as he buys it. So that $4000 for him on that account and nothing for his right over my land seems a contrast. Now I make these suggestions for a better understanding but if you will have this typed, as you suggest, I should like to look it over again. I am afraid I am very unworthy to be a lawyer's daughter, but it is hard for me to get a clear comprehension. with warmest thanks, I am Sincerely yours (Signed) Matilda Markoe. Okeden. Bar Harbor, Maine. October 4th, 1907. My dear Mrs Markoe, Many thanks for the kind expressions in your letter of the 30th September. In answer to your questions let me say preliminarily that I supposed the restrictions to be imposed upon your and Mr Dorr's lands respectively had been fully agreed upon between you and him and in my paper I said that I assumed in fixing valuations that "the beauty of the present road and the outlook therefrom shall be provided for in agreements satisfactory to the parties." My understanding as to what these agreements should contain may have been wrong but I did not suppose that it was any part of my duty to dictate or determine what restrictions should be laid upon the properties. My valuations were based upon precisely what I state in the conclusion of my opinion. I will state however that I understood that the restrictions on the roadsides were to be mutual wherever it would be to the advantage of either party to have them so. This answers your first question. As to your second question which relates to the contingency of Mr Dorr dying before you this I suppose refers to the power to grant rights of way over the road to lands not abutting on It, e.g. Chase or Harvard lots. My understanding as to this is that as long as you live the power to make such grants is vested in you and him 2 jointly. If you die first it goes to him alone. If he dies first it vests in you and his representatives Jointly as long as you live and when you die it goes to his representatives solely. I supposed this was understood between you. As to the third question which relates to cutting trees on Lot IN I supposed that this also was fully understood between you. I have spoken to Mr Dorr about it and I feel perfectly sure that an arrangement can be made between you and him which will be satisfactory to both and which will also preserve to nim the right to protect the outlook from Lot C. without which that lot would be comparatively valueless. Had not such an arrangement better be made between you and him directly and without my intervention ? Your observations as to Mr Dorr not giving you a right of way over Lot F. because he sells you the lot are very pertinent. I tried to make it clear in my opinion what my views on that subject were and I fear that if I failed then I cannot succeed now. Let me first however draw your attention to the fact that it is "writ in the bond" that I must consider the right of exit given to your lands to the Schooner Head Road separate and apart from the value of Lot F. When Mr Dorr gave me the survey and other memor- anda in regard to the matter he gave me also two sheets signed on the back by you which seemed to define very clearly my duties. Amongst other things it was provided by them as follows. The paper was dated September 7th, 1906. It appears to have been written by Mr Dorr. It says, "What I propose 18 this: If 1 That the cost of building the road should be shared in equally by Mrs Markoe and myself and that after the road is built someone be appointed by us to determine the relative value of the land exchanged, 80 that a fair basis for 3 settlement between us may be arrived at --- which shall then be acted on. The question of increased value given to Mrs Markoe's land served by the road should also be considered then and if found not only to exist but to be obvious and considerable in excess of what might have been obtained without the exit given through my land should be given fair weight in adjusting the exchange These things --- the value of the land exchanged and the value of the exit given, conservatively estimated being given fair weight, I agree to pay Mrs Markoe, when the road is done, whatever balance may be judged due her on the exchange, the value of the lands ex- changed being determined on the basis of their value at that time. The estimate of the value of the exit given would take account not alone of the increased value given by it to the lands exchanged but also of the increased value given by it and the new roadway to other land belonging to either owner and benefitted by them. In other words, the total benefit received by each is to be weighed and estimated, and 11 the balance be against me I will pay Mrs Markoe whatever the difference may be held to be.H I endeavored to follow this as the charter of my powers and in my letter to you from Ashville and afterwards in my talk with you at Larchsea I laid stress on the fact that I understood that I was to value "rights" mutually granted as well as the value of lots to be conveyed and I understood you fully to assent. But I cannot see how in any event I could have made a fair award without taking these 'rights' into consideration. There was before me an improvement made by adjoining owners for the benefits of their lands, and the lands of both were benefitted thereby. You gave Mr Dorr a right of way over your land longer than the right he gave you over his land. So far the balance was in your favor. 4 But the right given by him to you was vastly more valuable to you than the right granted by you to him was favorable to him. And any value coming to him from the right given by you to him was in my judgment fully paid by him by the construction at his sole cost of the road through the Chase lot and by the payment of the larger portion of the cost of the remainder of the road. I think therefore that he had thus fully compensated you for the right of way over your land and this quite independently of the fact that he had contributed one half of the cost of the road through your and his lands. Thus the value to him of the right of way through your lands was elimin- ated from further consideration. Not 80 however the value to you of the right of way through his lands. As to this he had received no compensation and the question before me was what compensation therefore should be made to him on the settlement. What first is to be noticed in this connection is that while ne is paying for Lots C. and D. a price which includes an increased value due to the improvement (which I fixed at $4000. ) you are pay- ing for Lot F. a price which includes no such increased value, for the value was not in my judgment increased at all. The lot is sold to you at about $1000. per acre, which I was told by Mr May yesterday was the price paid by Mr McCagg for the land bought by him last autumn on the Otter Creek Road adjoining his place, land which, so far as I can see, is worth no more than Lot F. Moreover it seems to me hardly accurate to say that the owner- ship of Lot F. by itself gave you access to your back land independ- ent of the right-of-way and that the purchase of Lot F. by you eliminated any question of a value of the right of way over it. The whole scheme was one for mutual advantage, the benefits of which were to be equitably shared between you and Mr Dorr in 5 proportion to the contributions made by each including (as in fair- ness it must the value of the opportunities afforded by each which made the improvement possible. Lot F. was not for sale. Until the road was made it did not exist at all as a separate lot. It was not contemplated that it should be transferred to you for the purpose of enabling you to build the road. on the contrary the principle thing was that the road should be built on the best pos- sible line and as this line cut F. off from Mr Dorr's other lands it was also agreed that it should be conveyed to you at its value after the road had been built. In other words the first thing was the right of way; for that Mr Dorr was entitled to compensation. It was further agreed that after that had been built he should sell to you his land lying south of the road. I do not believe I have been one bit clearer than I was before. I see it all very distinctly in my own mind but it is difficult of expression. Now as to compensation to me. Please do not mention that again. You, Mrs Coles, and George are all the old Bar Harbor friends that are left me. Can I not do a friendly act, to them at all events, because I am a lawyer ? Very sincerely yours, Suggestion for draft of letter for Mrs Markoe to write G.B.D. with regard to restriction on Lot D, in place of having the restric- tion defined in the deed and rights of enforcement given. Dear Mr D. , I write to give you assurance with regard to Lot C, which you are acquiring for me under the terms of Mr Ogden's opinion of September 24th, 1907, with regard to our exchange of land etc., that I shall not let its value nor the beauty and pleasantness of the outlook from any portion of it important to that value be lessened by buildings or other structures erected or by trees retained on any portion of Lot D lying below Lot C or in its line of view, nor by allowing any cause of obvious disfigurement to similarly remain upon it to the injury of Lot C. In case we, or your successor in ownership and myself, should not at any time agree as to what con- stitutes such injury I will then unite with you or your successor in calling in professionally, at our joint expense, such landscape gardener, architect or other person of knowledge in such matters as we may agree upon, to give us his opinion on the matter which shall then be taken as our guide and acted on. Yours ---- Bar Harbor, Maine. September 7th, 1906. As my interest is also involved in finding the best exit for an important roadway passing through my land and as the new portion would be half upon my land throughout if the plan which I have suggested should the interect be carried out 88 well as for interest in the development and the pleasure I should take in its successful carrying out what I propose is this: 1 That the cost of building the road should be shared in equally by Mrs Markoe and myself, I taking charge of its construction and making myself responsible for its good and economic execution. 2 That an exchange of land take place between Mrs Markoe and my- self by which the center of the proposed roadway shall become our common boundary from the Chase land to the Schooner Head Road; and that after the road is built and the exact boundary can be determined some one be appointed by us, satisfactory to us both, to determine the relative value of the land exchanged, so that a fair basis for settlement between us may be arrived at which shall then be acted on. The question of increased value given to Mrs Markoe's land served by the road should also be considered then and which cannot be well judged until the road is built if found not only to exist but to be obvious and considerable in excess of what might have been obtained without the exit given through my land should be given fair weight in adjusting the exchange. And the compensa- tion determined due to Mrs Markoe for building and other restriction placed upon the southern extremity of the ledge the portion cut off by the roadway ) for the benefit of the building site conveyed to me above the roadway at that point it not being possible to utilize Restriction both sites and preserve their value. This portion of the ledge. 2 would also in my judgment be important to the pleasantness and beauty of the drive afforded by the right of way, which if developed and preserved would have an important influence on the value of the land the roadway serves. 3 These things the value of the land exchanged and the value of the exit given, conservatively estimated being given fair weight, I agree to pay Mrs Markoe, when the road is done, whatever balance may be judged due her on the exchange, the value of the lands exchanged being determined on the basis of their value at that time. The estimate of the value of the exit given would take account not alone of the increased value given by it to the lands exchanged but also of the increased value given by it and the new roadway to other land belonging to either owner and benefitted by them. In other words, the total benefit received by each is to be weighed and estimated, and if the balance be against me I will pay Mrs Markoe whatever the difference may be held to be. 4 The question of the cost of building the proposed road cannot be determined until estimates are obtained upon it from practical builders but I now believe that $2000. would be sufficient for its construction, no crushed stone being used in building it but only the material rock and gravel which can be obtained along its course. of these there is abundance at hand. No drain- age will be needed; there are no bridges to build; and though there is considerable blasting to be done this will be mainly superficial, the only deep cut being where the roadway crosses the ledge's narrow spine, which at that point is only a few feet in width and free on either side. I therefore feel that if this estimate is less than needed it cannot be greatly so -- if time be taken for the work and its course and construction are carefully studied out and planned with judgment. 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BIN Yeq fftw I am tasteys ed out it bas .90 of blod on YB on't Torotaris JOSNBO beor beaoqoin ort gatBlind to taoo and to notthewp eNT IAOLIOSIQ not ji roqu bonistdo ore aetamt the fitness bentarroteb ed ejt TOT trotofitus ed bIssow .000s$ JBHJ evotfed won I twd stebflud vino two II anthitud at boaus sated onota beriasto on grose bentado ed NO notriw --- LOVSTS bre XOOT - IBITOJBA osit -nistb oil bried j B ai STORT enedt 10 .OBXWOO ati orent rigsorts base ;bftud of BO3BITD on ore exent ;bebeen ed IIIw 938 VINIBM x fftw nfit orrol or of gritasid elestentanoo at TOTTAN a'osbof ent yswbeor out otoriw gated two goob YINO edt no oor bre ritbiw at joor wot B YINO of Inioq jost js notriw MART BOOL at otantino atns It jast 1989 OTOIOION I .abta Tedfts has Xrow erit TOT MOXPT or omtf It --- 08 vitsers ed JONNSO jt behoon benebic bme two betbuts VIINIOTBO OTA bas OBTUOO aft ritin Bar Harbor, Maine. September 10th, 1906 The total length of the proposed road from Mrs Markoe's Chase boun- dary to the Schooner Head Road is a trifle over 1800 feet. The height of the present right of way where the proposed road leaves it at the Chase boundary is 146 4/10 feet above sea-level. Thence it rises, in the course of 600 feet, to 162 feet above sea-level where it crosses the ledge, a rise of 15 4/10 feet. This rise is made quite steadily and the average rise along the distance is slightly over 2 1/2 per cent. It probably could be kept down to 3 per cent. at any point. The elevation of the Schooner Head Road at the point where the proposed road strikes it, its highest point, is 124 4/10 feet above sea-level. This is 37 feet below the proposed road where it crosses the ledge, its highest point, and 21 feet below the highest point on the right of way road. This rise of 37 feet from the Schooner Head Road to the highest point upon the pro- posed road is made in 1200 feet, an average rise of 3 1/4 percent. This cannot be made quite so steadily as the rise upon the other side but need not exceed 5 per cent. at any point, I think which is what is aimed at in the model state-built roads in Massachusetts. If it should exceed this at any point it would be for a very short distance, going up the ledge. The length of the present right of way southward is approximately 2000 feet from the Chase boundary to the Schooner Head Road. It descends 83 feet from the point where the proposed road leaves it to its lowest point, a distance of 1200 feet, an average grade for the whole length of slightly over 14 per cent. It then rises in the neighborhood of 20 feet to the Schooner Head Road and the Schooner Head Road rises 41 feet from the entrance to this right of way to the entrance of the proposed road, 1020 feet distant from it going toward the town. enter ,TODISH aver Technitre? -awsod easno 8'00XTBN 8TM morl beot boaoqorq ont 90 sitanes Istot ent staten ONT .tool 0081 TOYO B BI beof bacH onj of YIEb osit j8 ti Bersel beot boaoqorq ont exoriw ysw to JAMIT THEBOTQ orif to at ,RONIT st adient Rabita than DES at est BOBBOTO It oredw tovoi son avoid too's 881 of feet 008 to OSTWOO out bree Vitbeots ottup obax at OUTT afnT 01/A as to ORTI B torbel II ..nnoo TON S/S S TOVO 81 CONSTRIC our 80018 eetr OTATOVE OHJ nottsvole AITT .trioq YNB j8 .treo IOT E of nyab tqox od bwoo Yidsdota 5' BOXITIS DEOT boaoqotq ont orosiw tatoq orit js book bacH Tenoorios est to joog r8 at atnT ... ovode Jee's 01/0 A&1 at att bns etstoq ati and BOBBOTO jt OTSHW beot beaoqoty efit wood TO 0811 airT .beor NEW 10 INSIT ent no Intor taertgir ont woled joor IS -OTQ erif MOOLS tatoc teersts ont of book beeH Temoorial osis MOT' feet r .theoreq #/5 E to oatt OBSTOVS 116 ,feel 0081 at obour at boo't beeog obta TONJO osit MOqU 08tt onj 88 Vithsoja oa ettup obsar ed tonneo BINT jasiw at Rotnw - intrit I ,Tatoq Mrs j5 Ioq a beeoxe for been tisd ji II as absor titud-etata Labour est nt to beats at neonetath jtoria VIOV s TOI od bivow st Intoq YAS j8 atnt beeoxe bluode eris qss anton at brewitson YBW to JABIT q ent to dignel ONT abroomed II .beon beeH TOMOONOS one of kisbawod SABAD orit mort JA3Y 0008 tnewor att of ti BOYROL beot boaoqotq ent orontw Intoq out mort teet 88 to oforiw out TOI oborg rus ,Joet 0081 90 constath s joot 09 to boostoditaten onj at seatt nonf I ..nno Ieq #1 ISVO nor toor st seaft beon beeH Tenoodos out brs beon baok Tenoodos ont of , BROT belioqoiq out to CONSTINO onj of YBW to tright atns of CONSTINO erit ..wwot osit brswot anton jt MOTI Instaib not OSOI 2 one point or another, between the two courses. The descent down the old right of way is long and steep; it would be impossible to obtain good grade in following it, and the road if built would be a costly one to keep in repair. In its lowest portion it descends below the lowest point upon the Schooner Head Road, by Bear Brook, and as an ordinary approach to either of these house sites would be of little use, while the steepness of the descent and the difficulty of keeping it in good repair would be apt, I think, to prevent the road from being much used for pleasure driving. The road now proposed would have an easy grade throughout and would connect the sites in question with the Schooner Head Road by the shortest route the hill allows and a remarkably level one under the ciroumstances. Its cost of construction would not be great and the after expense for annual repair should be but slight; its entrance from the Schooner Head Road would be through a beautiful pine wood and where it traverses the ledges fine views of the ocean and of the mountains can be obtained from it by a little cutting. If the road should be built, arrangement should be made for keeping these always open for the benefit of the driveway and for the increased value which making it attractive would give to the land to which it gives access. The southern point of ledge across which the road cuts is very narrow, being only seventy or eighty feet in width at a distance of four hundred or 80 feet back from its abrupt and precipitous end, and as its sides are also precipitous no house site possessing accessibility other than what this road would afford or breadth enough to make it an important house site is sacrificed by carrying the road across it. No more than one house-site exists upon this portion of the hill, as its slope is steadily, and not rapidly, toward the ocean view and it narrows as it descends, so that any house built upon it to the southward of another would rise up into and block its view. And the site to the northward 8 edd mway treeeeb enT out edit TO takoq arto boog atesdo of eIdIssoqui ed billow #1 bns 300£ at yow 30 drigit bio good of eno Vitaoo 8 ed bloow fliud 21 beot ent bas ,08 gatwollo' nt eberg dosotqye ventine diabes, ss Foods beeN Temoories ods nogu takoq teswos one wold abrocee.) st taswos 841 n1 at @aenqeeja ent offdw , BOSS to ad bloow notis eseds to Todfie at ed blaow Tinger boog at 31 gate to only bite treeseb edit 10 Satvith TOT boass down sated NOTI boot and of I , tas bluow base OBSTS Year nb even blaow beeogotq won boot BAT Jeetrods edt to beof beeR Tonooros edit KJLW moitheup at setts only ods Tebrus eno level 0 bne avolis ent aduot 10% peneque tetts and brea FOOTS ed for birrow to $800 etI been Terrories ent mor) a att :drights Jud ed biuoria Tisque Leunne ent BOBTOVETS #1 stenw bill boow enta withouted a devoted ad billow book mori bontaddo ed noo ord To bre 08800 ona to evely entr segber bivorie ,Silud or bluode beot ads 21 satture B vd #t bru KSWEVITD edj 90 diferted end 10% rego ayswie osent gatgood TO obam ad bass and of evis birrow # gatham doldw OMLSV ent 709 .000008 anvis #1 dolow of YYOY at after boot ods dollyw BOOTOB egbes to tatoq edT THOT 10 eoneJetb a to dibby at test TO Wherea KINO getted WOTTEN est 88 bite ,Dire bns squire att mors 1050 $000 08 TO bethrud Terito Willidiesecos gatasonnoq otta onison on oafs OIB aobie Instruquet ne st exten of dquone dibboto TO brotte bluow book eint ners STOP on .#$ BOOTON beot only saterian Yo at offs ensor at eqoia est as ,ffir ent to MOLDING aidt morga efeixe offe-senori ento #1 as STOTTEN #1 bru welv 00000 edl bravos VIDIQUE for bre Vitthrode TedJone to brewdizor ons of st noqu #Ited esson Vite sads 08 ,abreaseb brewiston out of etis edt DITA .welv ati foold DITB ount QU sair blood 3 of the proposed roadway at this point, having both breadth and greater height, is unquestionably the more valuable of the two though difficult of access. E Tetsory base rifbsoTd ritod antven ,Stuteq atds js yowbeot bonoqota onit TO rtsworts ows onit 20 olderinv organ edt at mater Markine 880008 lio I I have been asked to determine the questions contained in the following statement. Mrs John Markoe and Mr Dorr are the owners of land between Frenchmens Bay and the Schooner Head Road. Their lands are partly abutting. Together they form a tract capable of development and which they have jointly developed so that this property is now in shape for immediate sale. The scheme of development involved the con- struction of a right of way through their properties, the imposition of certain restrictions on the land bordering upon it and an exchange of lands between them 80 that the centre of this right of way should thereafter form their boundary. A survey of the land was made, a copy of which has been furnished to me and to which I refer herein. I have marked the lots shown thereon with letters for more easy reference. The lots A. B. C. D. and E. belong to Mrs Markoe. The lots F. G. H. and M. belong to Mr Dorr. Lots I. and J. belong to Mrs Chase. Lot K. belongs to Harvard University. Lot L. belongs to Mrs Luquer. All these lots are served by the new right of way but it has been constructed by Mrs Markoe and Mr Dorr alone and the advantages to them alone are to be considered. That these advantages are very great seems to me evident. Before the new road was constructed the Markoe tract had but one boundary on the public road, i.e. the front- age of Lot E on the Schooner Head Road, and this frontage was hardly ext n) Destatnos any entered of baxes whee stall I Horried bost to exemo aut ess 1290 the beta anot 97% 078 about zight JOSES test Tempories Bill Even tell dollar bast 90 oldsgoo forei 9 2302 you - suare at won at with this 08 bogolevet and red -1200 ext beviova? strengolevel to emp .else 207 notfleogist orit start year to £ to notroincle w Dns st NOOL saltaized hear and no station 20 bioris 100 W to tright airit to BISHING grit taits 08 EXERSIT 195 fgd to - 8 embory 88₩ base g-if TO YOURS A timit most restrictions ruterer TOTAT I of Drive am 0 $ MODY 100 detail " yane OTOP "0" rijiw motrest aworis ator adj boxyma over I ,OOXISM 8TH at 3100L .5 Pas .0 - 0.0 .A 8204 with 3501 IN of amoled .N . ii 0 : atol and evil is amoted .1 &m .1 8701 STATISH of agnoled . for BIN as .it tod esh #1 find yew to trait von and w Devise 810 area acade IIA ONT bns enofs T10C IM bas DOXISH ITM vd betowiterro road Yrev OIG otonit Fell2 ,Dexsbianoe ed ot MT 90010 cont of oit BSW boor wer 070708 Stfj of - cases -Short ent .... ,BBOX otidso out no erro jud bed JOSIT OOHISM VIbISM 8BW aint bns sbroR back ort no I tod to our 2 accessible from any portion of Lots A. B. C. or D. This fact was recognized when the original right of way was laid out. By it the tract was divided into two great lots, A. and B. forning one on the east and C. D. and E forming another on the west. A. and B. were practically indivisible because of the great difficulty in getting access by road to the site on Lot 3. and C. D. and E. were likewise indivisible by reason of the difficulty of obtaining sep- arate access to the various sites which it contained. These dif- ficulties could only be done away with while the property was in a common ownership, in other words the purchaser of any portion before the road was laid out could not himself have constructed it and thus enhanced the value of his own lot. This potential increment of value therefore would have been destroyed by a sale of any sepa- rate portion of the land. The laying out and construction of the road for these reasons in my opinion practically created site B. and site C.;to the saleability and thus indirectly to the value of the whole tract it also added very considerably by bringing it to the public notice, putting it on a beautiful and continuous drive which I have no doubt will be very largely used as a variant in addition to the Ocean Drive. From the Schooner Head Road to the southerly line of Lots I. and J. belonging to the Chase estate this new road has been con- structed at the joint expense of Mrs Markoe and Mr Dorr. From thence through the Chase, Harvard and Luquer lots, I. J. K. and L. , it has been constructed by Mr Dorr alone. Lots H. and M. belonging to Mr Dorr abut on this portion of the road and are to a certain extent bettered by it. These lots are however 80 precipitous in their character as to be totally unsuited for building purposes and the advantege to them is inconsiderable. S new JOSI aINT .a TO 0 . & .A BIOT to nottrog yrs MOTI afdimpoons st #.b V8 .two biei BAT VSW to INSII Isatjito grif maniw bestmagoor NO 9110 ynicrot & ban A ,8301 death out cant bobiyID 630 team 6 hris -A ,taew oilf no tentors S Enc a . 0 bas Isse out at VILWO 12915 FROMS ent IO easseeed oldtervthat BIGH .0 bro .0 . D Drin is for no este add 08 DOES you 880000 -702 antaistrio to oits to MOBBOX ¥₫ selworks -25 DESAT bensajmos #2 dotow antie enotuar and 08 000008 DATE . nl ash VJI0Q0'1Q onit elkra dtiw YBW8 anot ed fLao Ditro NOISTOU LILE to edt abrow TOSITO at HONUTOD bee st over tion ton due bind now Door and Lottnejog aint .toI (TWO atil to essiev ONE amt -0006 YAB to elsa € vd Beyosteed need even billion OTOPIZANT evinv to one to MOLMOSTERNO 126 JING 3AFVAI ad!T .DARL onj 30 MOLITION etes bms .0 ette botsoto notrido YAT nit amoasor assets 303 boos orit to OHIBV Osit of essit brue 1013 00:00 will oit of st 16 tenoo YIEV balbs osis 81 30017 5Lock oviti hns Lottersed B no st nattive sootton oliding solfills al tratury e an boar Kiestal CLOY ad EXIW on area 1 09600 and of I BTOJ to shif eits of baos DROR and 12018 -1100 need asa book won ctit atates ONEXO adidas or artarolooi .6 ben BOTT .IIO¥ 'IM bus BIM TO conside intot adj is DOJOHITE and DATA .X.t.I rejol hns DISVISION 198545 gift signord antamoled brus 11 ados .00018 TITOLI IN to need and 11 rietted $ 0.5 018 bns beor orit to MOTTIOG abit no tuds TTOC TV of ni avottatoora oa ATB 8JOL 380NT .jt YO bexetted that's Drive galblind TOI Viistos 08 of 8$ TOICSTENO xient at niesit of ONJ 3 There remains to be considered the advantage to Mr Dorr result- ing from the construction of this road in respect to his neighboring land. The only portions abutting upon the road other than H. and M. are Lot F. which is to go to Mrs Markoe and Lot G. which stands for the whole of Mr Dorr's land affected by the improvement. That this is benefitted there can be no doubt but only indirectly. It gains no improved means of access for it was already perfectly accessible. It is however brought into greater notice and the element of value which resides in saleability is increased. Now the time has come at which must be adjusted in terms of concrete value what payments should be made between Mrs Markoe and Mr Dorr to apportion the benefits received by each. These payments are not to be made wholly in money but partly by the exchange of Lots C and D containing together 12.5 acres for Lot F. containing 3 acres. Manifestly the first step is to fix the fair market value of these respective lots. I have been much in doubt as to this. In the first place there is no immediate market for the lands and 80 in a way there is no market value. But the whole scheme of improvement has been entered upon in the assumption that the time has come to make a serious effort to sell which involves the further assumption that buyers will be forthcoming. I have therefore endeavored to fix a price which I believe the property should fetch within a reasonable time assuming that there will be people desiring to buy at fair prices. In the next place I have had to determine whether I should in fixing these values take into consideration the incidental advantages to each purchaser by reason of the ownership of adjoining lands. r aris of euise 8100 doran to VIISSIO at . I IOI abrow sento nI orly TOI outer and x13 of read I tissue analy eno YAR of nent exon 41 it ob alsow I mont e to on to 60600 .tor intas I i eelo smo date e of bIoe ed of stal os anicos gilt been torito oris NO JUS and at to date fees ad for team ast mor's -Dennoo Tentors xi mont betchienos STORETONS STRA I FILEST Isnit do tow hans ent to oilf hoseblanoo aves I at sent snots mort brea therefy as eat go seit al Badeov senosed of 829006 to ji dotn Mair oldsuisv OTOM ent to train out betchtanoo 9V5n I abrow zonto AI eanel gaintoths ION The dotaw TOI THBIT eldsulev S 88 beon bask sni MOTI YEW eity to of boisting et ITOC 20028 501 aditiges 8 as united ound gaise V.I.10 noth .9 tod TO min and need DGA you to truly elit -1105 of 0 $ . I DMS D atoi of toousor III YBW 01198 est ml one IN of Boxov gabrofior ent bedisser oved I saerit sto Sntt5A #ZM of ITOC = rd of ot at notow g 801 emLay I .000E9 to BOXION 8 IM vo ed 05 9'18 Rolar .0 bits 0 ajo3 BULSV 1 .000,016 tB TIOA The ot 83M of IIOH 'IM HOTT 31/10 000, to S aver IIPW aInT coasist stns to Prog perfecet KOROTIS asn 00XISM BIV two ,OOXISM eved I elonw GAT RIO TI Ied of afftered IIP 36 apoils 5 I value Mrs Markoe's land as it now stands as follows: Lot A. $30,000 Lot B. 30,000 Lots C. & D. 10,000 Lot, E. 10,000 Total $80,000 These valuations include an increment of value in the case of each lot, arising from the improvement which I estimate as follows: To the Lot A. has been added $7,500 N B " II 8,500 If " 11 C & D If 4,000 # H E 11 H If 4,000 Total increment $24,000 In other words I think the whole Markoe tract is worth today by reason of the improvement $24,000 more than last year. Now this increment has been made possible and has been brought about by the co-operation of Mr Dorr in three ways. (1) By giving a right of way over his land to the Schooner Head Road. (2) By his contribution to the cost of the road. (3) By building the extension of the road north from the Chase line thereby making it continuous. Taking these un one by one I estimate (1) that the right of way over Mr Dorr's land to the Schooner Head Road ought to be allowed to him as equivalent to $4000. (2) that his money contribution CHROLLOI BE abreta won pi RB baeI n'eozzek 8%M 1 000,0F8 .A for 000,0E .8 for 000,01 .a 5 adol 000,00 is for 000,083 IsJoy 2 queo as st BUIST IC transist ns anoffmeInt about : as stanting I out 00077 831.1 the ,305 dere 003.50 babbs need asif .A not ass 07 occe.8 M E 000, . 22.0 000,H B 2 000,450 trensioni Lato? yobot 57509 as #ourt BOHISM eloix our AMLit I ml essay FRAI MANI OTOP 000, and to st maid ear 5rts Aldranor aberr read asn abit no. .BV6W OCTIF ai 2200 IM to -0n 011 TO from ent of best stn TOVO to tiati 8 Skivit vs (1) DeoR Deall DOOT snit to tooo only of ain ld ($) and MOTI LIFION beot on't to colanetxs and YA (E) TI enti anada to THSIT out tsnt ( 1 ) etsmitse I ono yd ono a great heroile or 0$ bseH Terroodoa add 0$ breas 8'ITON rei TOVO VBW verrom ald tant (s) .00048 of 8 £ mtil of 6 to the construction of the road from the Chase line to the Schooner Head Road should be allowed him in full. I do not know this amount But for the present estimate it at $1,800 being one half the total cost. (3) Mr Dorr's land has we have seen benefitted by the improvement by bringing to it greater publicity and additional opportunities for sales. The advantages thus secured to him are I think properly to be offset against the expenditure made by him on the section of the road north of the Chase line. The account will then stand thus: Mr Dorr is to be charged with the value of lots C & D $10,000 He is to be credited Value of Lot F 3,000 Value of right of way over his land 4,000 His contribution to cost of right of way $1,800 8,800 Due by him $1,200 Mrs Markoe will then have received Increment of value to her remaining land $20,000 Cash from Mr Dorr 1,200 And she will have acquired land worth 3 $24,200 she will have parted with land worth $10,000 She will have paid for construction 1,800 11,800 Making her to the good $12,400 In valuing lots C & D I have considered that Lot C is to be conveyed in fee, that in the case of Lot D. Mrs Markoe reserves to herself a life estate with restrictions forbidding the erection of buildings without Mr Dorr's consent and with the right to Mr Dorr to remove all trees which d besH orit ot eric 886d0 erit mort DEOT Brit 20 on ot 202 the trusoms afne wonx tost ob I CLUS nit ald bowelib ed btworta brox (E) Istot est$ ILeif ano sated 008 14 ts st ejauties add Yd tremovorgak erit tr bettitened Meee OVEN OF arif bits L the sit .80188 TOT DHS 92 of duntras destro ad of I OID att of assas edt to sition BAOT art$ to mottoos ent no old Fd ensa Unpake adit .satt :essit brate made IIIT edt 20 exist ant HILW boyrario of at at IIOC 000.02 (7 A 5 atol bettbago od ct oz off 000, 7 tod to OHIAV 000.0 hael atd Toro YBW 10 their to SHIRV 008,3 003,1$ YSW to tabiz to faus 0 $ eth 005.19 aird Yd and beyteoes over nonli illn so wak 000,0S$ bnef Ied of to 005,1 TIGE TM most ABBO E differ boak ever the one bok 005.356 000,013 basi ntiw bottes 6YSS fi tw are 008.44 003,1 nottourtanoo IOI bisc 6YBH fitu e/a 00*,SIS boog one os 200 beyemos ed of et 0 302 and even I a a 0 stol antelov at orti 3 ILORION of SOVIOEST GOXTEN ary .a jod to 9880 osit nt tsilt 1007 all asniblind to NOTTDOTS out date 070300 dolm ROCIT IIB evoret of 2500 I'll of Half out date bres dreamer OTHER all 7 may interfere with his view from any part of Lot C. That Lot F. is to be conveyed in fee. That the boundary of Lot F. is to be the centre of the new right of way and that the grant is to include all Mr Dorr's rights in the Schooner Head Road to the centre thereof in front of Lot F. I have also considered that Mrs Markoe and Mr Dorr and all pur- chasers from either of them of lands now owned by either of them abutting on the new road shall have the right to use the same for passage and re-passage etc. but not for the erection of poles, sur- face pipes, or the like. That the power to grant the same rights to others shall remain solely in Mrs Markoe and Mr Dorr jointly during Mrs Markoe's life and after her death in Mr Dorri or his represen- tatives solely. That the right to bring water pipes, electric mains under the road, etc., shall not be granted by Mrs Markoe or Im Dorr nor his granters her grantees to any persons except those deriving title to lands of him now owned by her and that these restrictions shall be properly in- corporated in agreements executed by them and that the beauty of the present road and the outlook therefrom shall be provided for in agreements satisfactory to the parties. In all this I have taken no notice of the skill, time and thought given by Mr Dorr to the whole matter. Given in the spirit of neighborly kindness they can only be rewarded as such things are. I am but too well aware that other persons of better judgment than myself might differ from me in many particulars but after much thought and many changes in figures I have concluded that the result I have reached is as nearly equitable as I can make it. September 24th, 1907. David B. Ogden r , in toil tent .5 tou to #200 MOIT w3iv atn AIM VBm 94$ od of at . I JOJ to VIsbassod gift FGNT .997 rt ed 0 $ st Lis electoral of at INST 963 fedt bm6 Y8W to train wen ad to extree at toeseas extres edt of been Seak removial edt at adidas ETTICT TM S JOJ to thori - Lis LASLS TIOC IM bma CTM toni baxobiano DAIC oved I mont 30 Tedtic ¥0 baroro son whens 20 month to saudio meet attention 103 GIGH ent SEI of prigit adid over LIBNE beot ten ent no satisude to MOLJOSTO Gift IOP ton tud .OJS Date 0368830 or esis JOSES of TOWOU ent SBAT .9X11 ant TO Begiq boat TIOC IN bas 8TX at VIOIOB Liade stenta air TO 221 nl After ren IOJIB brus etif e'sozisM 6TM birtoole poqtq Iotsw SAITO of state ext tent visios sevitat TO OOHIRM 8 IM Yo DOJIBI3 ad torr Ilana stbox ext Jebrus entant mc abnef 0$ oijit SALVIZOD suorit tqooxo YILD 02 BOOJASTY Ion -It ed liens esent failt boa TO:1 you bestwo WOR to chuned our India Ann made you of n DOT Bebtvorq ed Harts doof thro ant DAE DEOT CHI Beltrag one of Protostattsa attremestas riperent has sritt Effixe art to Botton or neist even I a birt Lie AI to stitue ent at movio elort. ent of TT00 - VO novis OF noisa BE od VITTO nsc von't anorbaix tested to encaseq Tellto tsdf DISWB Ilov 00$ twd 070 I HOUR Touth tidd BIBLISOFFIBU THEM IXI am MOTT IOTTID figit Hoover SIGNE Strapt out 3203 babyismos STAG 2 seturn at asanado yours bea ,TI 6ASM MBO I 88 oldestire ViTeen 98 at bodbae even I nabyo .8 blvst TOPI , 1$4'$ The Dorr-Markoe Land. Notes with regard to the exchange of land etc. The questions to be determined are: First that of the increase in effective value, fair asking price combined with opportunity to sell, given Mrs Markoe's land by the new road, bringing people through, and by the new outlet to the land 1tself the road affords. Second, what part of that increase in value should be credited to the land through which the outlet is obtained which made the new road possible, and what part should remain with the land benefited, the land to which the outlet is given. This really ro- solves itself into a question of what price would it have been ad- viseable for Mrs Markoe to pay for the opportunity to build such a road as that which we have built together, in order to increase the value of her land the road gives access to and her opportunity to sell it. Third, what are the relative values of the land which it is proposed Mrs Markoe should acquire from me and I from her. In estimating these it would be well also it seems to me to consider what their values were before the road was built as well as now. This would show what change in the estimated value had resulted from the building of the road and the new outlet given and what should be credited to these, on either side, on this account. On the shore side of the 2-rod right-of-way which runs through her land from north to south down the valley, Mrs Markoe has two .bss.I ent one breas to silt of STEAST AFIA 80501 :era 3d of enoffeewn atex exist overbotte at edit 25 70123 aleunest and meviz ,Ifee of natw acts anixac Jolturo woff wit go has ofoosq ,BBOT won trit yo base absorte bect ONIT tresst boni and 9 ₫ tivoria rt J311 TO JIST straw phooea not benintdo et teitis ONI nofrw baef erit of bottbsto ed bubi 615.2 sitiw biyone jsriw brs beot wart osis oben mgs FIISOT etit ,Hoyts et toitiso ONS dolow of basi ent ebettroned -bs resd eyed ti DISSOW 00IIQ tariw to B Ofart giogs: BEYIOR G done bftwd st anit 109 VBCL of 207 est or zobro at offers @v86 or Motor and 88 boos of IO!! Drie 0.$ 885006 Bevin boox grif harl I9ft 20 offer .tt 11se and and to SOULAV and SIR snow beint STATE I bns on WOTT Orispon OOXLOM B'IN at pl out 067 00 ambea st gele Lien ed bigor st nt WOR GIVE flow the JILLIO BAW bloos and STOTOO 9I8W BOULEV stent beffwash tsn QUISV batanttee ort at 03/18/10 terly wo le aINT $8187 bes novi3 toftso won esis this beet and 90 anthitted 9.41 STOTA JAHOOON SINS MO rebte rentta NO 1980R$ of botthero 9d LICORE Join ysw-ro-tigit DOT-S ent an abte OTONE out MIO Q was OUXIAH BIM off nvob of ittoss MOTS bner ION 2 important building sites, the one on the ledge to which the road I laid out for her last fall gives access and the other on the shore itself, approached at present by the old right-of-way through the Chase land. The land belonging to these two sites might be united to form a single one including both the high ledge and the sea frontage, or they might be subdivided into more than two. Between them they have about twenty four acres all of which is valuable residential land. Several acres more than this also really belongs to these two sites, though now actually owned by Mrs Newbold, Mrs Markoe's niece, to whom she has given it. In the future some other division of this land than that established by the present Newbold line will probably be made by the then owners, according to contour lines. AS it now stands, some five or six acres of land held by Mrs Newcold will be benefited along with the land retained by Mrs Markoe, the rest of the Newbold land finding its natural exit through Bear Brook valley to the Schooner Head Road. All this land lying toward the shore is cut off iron the land lying toward the Schooner Head Road by the 2-rod right-of-way and the deep valley which it descends. Even if it were not for the right-of-way which traverses it this valley forms a natural division in Mrs Markoe's land, the lodges on either side of it being abrupt and precipitous, except at the valley's head on the side toward the sea. The southern extension of the hill which forms the western bound of this valley is long and narrow, made wholly up of ledge and precipitous on either side. The new road crosses it about 400 feet from its southern end, by sloping up along the rock face upon either side and by a cut at the top of the western edge. From that point down to its southern end the ledge is nowhere over 120 feet across, and is less than 80 feet in its upper portion next the road. Its S beot onj dotnw of eybel est tro elfo onit roots salbizion erona our no Tento ent tris 886058 aevia fist tesf ICA 103 bish I snt DIO 311 yd jg 2000 betins old eafte 0w t oserf ot antarroLad basi and and BROCO sea eat bna ayber M3th eri } tited eno afento S at notwier .GN OTOLI otnet ed main yala "LO @LOBNLBV at do triw to IIB - 85150 TUGI strows STATE year any exposed VILBOT daily alds and 5307 andos Enteres .bns1 sbiodwell rd D9NWO VELCHIOS von 189jtb 68603 0 $ area asirtur east nx . tt nevery ead sda crosts ot socola blower thousan eat Vd banalidation tedt and and BEAT to of Salbrogos QUTONWO aent cuft ₹d about ed Vided0.q fftw exti to blan AneL 90 eeses sis to 8923 esios FOR # BA well VF benefits Dreal ent Httw SHOLE betitened ed III blooveil and tixa ESTIMIST att 30/Doff 500L blodwel erit to J201 one .book bash Tenoonoe as!! of VOLICY NOOTH TABE bas L with 0022 290 two at azone and brawoo brief IIA two boy-S slid rd bsof back edit branco grivi arts 262 ton wear pl AL TOYA st nold volisv ceet 6018 dobstveb Construct 5 SATTO'S VOLLEY abro st dozaw arrise at to abia no out Both nt eat sola oilf no badd not 39 sqeexe has ent Notriw IION orit to ntantina ONT .800 Brus enbol to cas Vilcriw oben ,HOTTER bas greff at yeilev stnt to bured teet 001 tyoda jf 8088010 beot w'sff OUT .ebta Inritin ito Tori$19 mocy ADST NOO'I Gilt QLV 3nfqofg vd ,bne (mm/dd/06 8j: 1019 Matoq jung MOTY .63.be freene erig to 20$ enf JB I'SE $ with sims obto ₹820%08 teet OSI ISVO exedwork at ozsef erit bhe BSK of mwab art ,BBOT ons xeff MOTIFOR IOUQLE 8.15 sit test 03 ment and nt bron 3 eastern side is precipitous and its western side a low continuous cliff, in which it also ends. The hill to the north of the new road is broader but precipitous on its western side, as excert for the new road it would on the eastern, and a good driving approach to a house site on 1t would be difficult to get. This land rises but little, for a good distance back, above the higher portion of the lodge to the southern side of the new road, so that any building on the latter would ruin this northern portion as a possible building- site, and trees on it would be apt to cut off its view. There is only one building site on the two pieces, in other words, and that building sito owing to the narrowness of the southern portion would best be found upon the northern part, but would be difficult of approach so far as I have studied it, which is also still more true of the southern portion. It is essential that this northern part should control the southern, in my judgment, to give the latter any value, for view or building. They form one piece naturally but the two are cut off from each other by the new road. In estimating the value of this land as it stood before the road was built and still stands now in point of fact, it should be borne in mind that it together with the whole of Mrs Markoe's upper land has no water supply. The only way in which water could be brought up to it over Mrs Markoe's own land, or except through mine by courtesy, would be by bringing a pipe up along the line between her land and the Newbolds' from the Schooner Head Road near Bear Brook, and this water would not rise to the higher level of her land either on this ledge or on his main site owing to pipe friction added to the elevation. Livingston even does not get a good supply, and sometimes none, he tells me. A good supply could be led to the ledge by the sea, however her chief site along the old right-of-way, wol £ obie MTOJ89W att bris avottatoera at shis metago were onit 10 net of FILM MIT abre pels st riotriw st rittio ret $100x0 us reite MISSAOW ati no two ISLBOID of 200% of DAIVITS 5003 3 DAE on't no DIYOW If DBOT wan and due seat based ebat .3e3 ct of it 120 otle SAUDAL 5 our 19 multing contains are avoda , Mosd consintle boos 5 10'2 no the fact on ,BEST was edt 30 abis made end of whos aldinsoq it us star FLUOR and al stent .ret. asp 3to FUD of tap ed bloow 11 no 2002/ bro totle testy burn ,abrow terto grip seasin ow t art tyo esta ono VING know HOLIZOGE 8/12 to But of saiwo ette amtsting 20 JIMITYLD ad bEson $550 ding od$ HOLD pro/or oil feed ation Litts oais at doble ⑉ beltude eved 1 en 102 08 resomers minitron min tass Infineese at 13. .......... aradissas adj to airst setting out evis of Insurance VII set sit LOTTITOS bluode $1.00 this acata eno 120 year anthitoro "E@ weiv IO? YHE as Ten with red serizo Appe NOW2 120 two 97g out out Dra griga now boos our assited boots tt as seas etis to ouLav erit take burber nit sared as bluese st stort to fil won abnate OF sed --- bani Issess a'60M BIM to oloriw ont striw --- jt of @4 66 nota Motriw fit you VIFO asit Viages TOTAL "dd enter Ansority IO akmaf 5 %M IGYO st Bre bras L Ien neerted anti est anois qs equ B satanito Yd oo bluez abid bits **** TBET beof bach Teneonia oris MOTT ed# no teritis -- DAS £ ted to level esit of BEIT toff bissow Total of bebbe mottely egfg 0.3 SALWO --- este attem eln MO TO e3bel otif DHA boos S the tor 680h Neve .nottsvale out ozoni 6/19 ot hot ad bivos VICAUS boo3 A allos en POLLON aenttemo B bfo orig 3moIs --- otta Ion --- ,£98 one rd 4 and to her shore site also by the same pipe. Whether it would rise in any case, in adequate supply and without pumping, to a building site upon the upper portion of the inland ledge I doubt, but it could easily be raised from either side by pumping. The land lying to the north of the new road belonging to Mrs Markoe is about six acres in extent; it consists partly of this ledge and partly of lower land lying to the west of the ledge, between it and iny land; this lower land is also rocky and without view to give it value in itself. The whole piece of land lying to the south of the new road, between the right-of-way road in the valley and a line drawn down the little valley that bounds the southern portion of the ledge upon its western side is also about six acres in extent. The ledge OC- cupies the central and western part of this; the rest is land about its base which it should control. Its eastern boundary is the 2-rod right-of-way; its southern, the Newbold line. The western portion of Mrs Markoe's land, that lying to the west of the ledge and bounded by it, by the Newbold line and the Schooner Head Road, by my land and by the new road, is about nine acres in extent and combined with three of mine, that lie to the south of the new road with a long frontage on the Schooner Head Road, would make another piece of residential property about twelve acres in extent. Its building site is near the new road and would have a fine moun- tain view, while the trees upon the land are beautiful and make the land itself attractive. These things combined with its accessibility and long road frontage, ought to make this site a saleable one at a reasonable price, if rightly cleared. Its value comes from the new road, which opens up its site, and from its combination with my land, which gives it frontage. Its value, whatever it may be, has been # 0025 blood st Inited ,erite grise edt yd oels other ozone "Ied of line SALTITIST $ of bre yigqua steupalis ml POHEO YOG f1.$ blues # aus I agber Annine B/N to out dogar orte pc site Iglitte boaler 06 VISA MIN of beer you 6113 to SIJTOM art of satys bnef our Able 10 VIM efetenos #2 at entru x2a fueda al DONUM and to tees oil of gaivi bra£ TOTOL to little James agent time valoos oals 08 basis zerol also VP brow st needed RIGHTI at OFFICE ,1. aviz of WALV ,bno't wen Brit 10 our of SAMI hap IO Boats OLONE SifT away mark onli to Dne valiev ent nt Dept ent neswead good @3LeI easy To 101/200 medicos art admod text VOLLEY BLITTE eat -00 dates GET st BOYOB xt8 swode oaks at who aft foods break at foot and 90 From Drss Creditory ent sefore bor-s gift at mr ease 881 ,LOXINOD blucses ti send 077 .enti blodwek out ask does and of sorve sant Street BTM 30 nettrog ant ent bas onli blodren ast) to ,12 teal bobrord first asbar ast to 41 uses enter Guoda at ,SBOT was edt rd bits hear V you ,DAOR been and 30 and of off earth to differ bra thetze paint blood been beeR ant no and 8 DOOT wan stustro at BOTOB oviews tirods VIIOQOIQ Lettnebtast to sosty LONJOIDS - 50.02 9 even D.C.How here heart were ouit 2000 st sale oil sut bas SER DRIVI suff nogy 85618 008 altim snelv also ort dth barridmoo eartht S to are aldreise a stin abit exam of ABOX Shof brie well 9ri i MOTI BOMOD OSIAY aft abotsolo VITALI 1t ,0017q you asiw 8#1 noti brs att w adogo doing ,Beer dood and ,ed yent #2 sovetade atI tt nevia do low 5 been created by the change. The second question, that of the part of an increase in value which should be credited to a new outlet giving it is difficult to decide. It is usually settled beforehand by a purchase. And I intended that it should be settled last autumn by some definite agreement before we began work unon the road which failed to get done however, as it, happened. It resolves itself however quite simply into a question of what it would be worth while for Mrs Markoe to pay for such an outlet as the road affords, besides building the road herself to take advantage of it, in view of the added value it would give her land, including the land I take, and the increased opportunity to sell it which it would be likely to result in. The further question of the value to her land of the land which she pro- poses to take from me, along the Schooner Head Road to the south of the new road, could then be taken up as a separate question in rela- tion to the land with which it would be associated in forming her western lot. And then the question of the value of her land along the southern extension of the hill, north and south of the new road, which I would acquire in part payment, in whole payment, or in pay- ment with a balance left for me to make good, of the benefits re- coived by lirs Markoe from the new road and outlet. Besides the value of the new road and outlet to her land a fair allowance should be made me in this exchange, if the matter is to be taken up upon a purely business basis, for what I have spent with her on road-construction so far as her benefit from it is greater than my own, as well as for the land she takes from me. There are thus four questions to be considered in estimating what should be credited to me looking at the matter from this point of view. esit yd DO BOTO need Buiny 111 PORSTONE MS to IISq out 30 Jadg notfacus hitosca edT el st anivas softso van 8 of botthere 50 b.com I box S yd breneroted boIttoe Vilaura of 11 01:08 you musture thef beittee ed bitsone st bebnedal 863 of refist notrix beot esty mags ATOW nesed on strup TEVERON Gloatt II beneager st 83 , Severed ertos eartell still 503 millw strow ed bloow st teste to motteous a ovnl ons easteed bear and BS JOITUO we Kous TOT 190 08 n we Saka olit to weiv st iji to 0$ boor and Dre reades I brus L exit batbalont zoid eyis bluow BILT .nt FINSOI of FIEXPS ed billow jt dio triw st CIOA of OTH ona dotriw hiss OSET 10 bisibi red of OILISV GIft to MOITSOUP TONYING to HISSOB off of DSOR beak srit perr MQIX exist CA 8380₫ -gior at noticess etsisqae & 8£ qIf MOXES ed Mant DISION LASOT weil oris Iosi st ed BILLOW jt dotriw djtw bref and of 110tt snois brend red to assisy 915 TO rotteeup out non's DILA ,Jot shoot sen out to ribroe Egg gills end to medium our -yea nt TO [II FISC sit OTHEDOR DISTON I fistriw -3r bittened onf to :book of Oil IOI MIDI comsist 13 (if tw Friends DMS DROZ wort Olit MOTI Ed bovies to a are Ion of taituo bna beot woft ONS 'to essiny out sebtaoa of at at Tottac and st stat nt SAT obam ed blands sonewolls ren who troqe even I tadw IOT retund is dogss GESS NOAST xant at ft MOTI stroned Test 8£ It 08 no INO' users OIR exenT Off MOTI 00387 eda bosi ent TOI 8£ Liew 88 PMTO of bet ABOIO od 5.[isona torw gattsukree MI borobtanos ed of anoftaoup ,wofv to tntoc stat MOTI tetter and to Ant 6 First, the value to her land in general of the new outlet. Second, a credit for road-construction, according to her greater interest in the road. Third, the value of the land which she receives from me. Fourth, credit for opportunity given for connection with the water supply through my land, according to similar arrangement made last year with Harvard College and Luouer --- with the important ex- seption however that Mrs Markoe could bring in electric light and telephone wires herself which they could not. Beyond these, I feel that credit should be made me also for the improvement of the old right-of-way both for its better course and for its building mom in which Mrs Markoe has had no share, ac- cording to the gain to her which it may constitute. I think that this, in bringing what I think will become one of the pleasantest roads of the town in pleasure driving close to her building sitos, which lay remote before, will add greatly to the value of her land and far more than a long avenue-like approach from the Schooner Head Road ending in a cul-de-sac could possibly have done. This Mrs Markoe does not clearly realize at the present time, however. The exchange first planned was based upon a different road line than the present, upon a road that skirted the ledge lower down and descended slightly instead of rising, giving better grade apparently --- though it did not prove to be 80 really but a much longer course that ran close above the ledge's southern end, following its edge. This course would have left practically none of the ledge to the southward of the road and no chance for any building to inter- fore with the view from above, and but little for trees that might do so. As I studied it over however, I saw that the present road course was practicable and much better, and I changed to it. And D won 397 to ISIONOR et Isn of SHIBV 911 TOJOOTS ISM of 3AfbTOODB TOT D .beot one ml proteini all most eria dollar board out to ouisv OILS gilt litta IO'I nevis 50% FIBOTO ........ abad refritte of Dose SENOINS Vinges sedaw - treatory out dth - back broving SOOY dank Evic from stripbio st and $1000 EI's Joni Isvawar colduce .too blood veat dolow ELOBION anth exudesiad and 10% oal. on abai 90 LLuoria this 2007 I q5BedJ brovee caffee 801 XUT fitod BIO one to -08 totada on had and neliw STP - att IOI DMS that antity I too 12 ten of stes sitt of oit to ace proped 11tw drink I delia salanted at takes I9N of OLOID antvish st (STOJ silf to aboo: bust rad TO printed not 03 Vitgers the LIFE +0207ad stores Tel delive book sit cost out.,--- Shop £ CIO SS bns 27% ability evari victorian DILOS 598-65-Isse D It! salbae book revenor{ ..... January said to other for BOOD SONZAM and DOOT transition B norse beead any tennily tasts our Drive mied serves was edt Devibio four book £ noors edt and aboun hersed anives to beetant behavioral rosnot ADDLY 8 sid --- VIISOI 08 ed 0.0 &VOTY for DIB jf dassofft obno Biabel ant evoce 83010 MST Isift or asset odt to error VIISONIORIQ FIGA 3vgfl ORINOO aint are - of salbftud VNE IOI eonerio on Sants bsox SINT 20 orit fed$ where not OSTAIL TLI hrts most 173LV ent SIOI boos out tent 768 I Ievo st botbuse I BA .00 ob bns ott 0$ bestusnio I bne protted dosse bus 88W 7 my first thought then was that a restriction against building or trees that might obstruct the view upon the southern portion placed permanently upon this land would be enough. When I came to study it over however I found that the lodge to the north of the road rose for a good way back but little higher than the ledge to the south of it in its upper portion, 80 that even a fence on it might rise across the view. And talking it over with John Newbold, who walked over the land and road line with ine at Mrs Markoe's suggestion, we agreed that it was essential that the owner of the upper portion of this land should also own the lower, to give it any value or make it a site that any one would wish to build upon the suggestion com ing first from him, not from myself, that a mere control of it by restrictions would not be enough but would be likely to lead to end- less complications and dispute. And the change also seemed to us an unimportant one in view of the fact that if the lower portion of the ledge were restricted from having any house or other structure placed upon it as well as from trees obstructing the view from above or aught that might disfigure it as a foreground to a view, little remained tc give it value in sale to any one but the owner of the land above. Mrs Markoe at first agreed to this, or seemed to do SO by her acquiescence when I read the papers over with her before beginning work. But when I later sent them to her to sign, along with me, so that our understanding in the matter might be evidenced in the future, she raised objection to this and other points which she had apparently acquiesced in previously and regarded the whole question as still remaining open between us. The trees by that time had all been cut along the line and work upon the road begun, so that there seemed nothing for it but to go ahead and leave the question of T TO sathitsa Sumiera a dant any was JEIFT Ym bousia information adj noon Wolv and dads 80015 place 03 acus I mont so bloow DINI still ROCU east boor and to sitron ext of OSDOI out seal bast I TOVOTON 'Ievo +1 Kauge our of equal and need TOTAL GLOOKS and 1061 YOW boog G 202 table JI no SONOT £ novs test 08 TOYYO ast st st TO besses our ditis TEATO st salitas Some .weiv silt 560768 in will to any day each boor hits boas and 1979 to ZOUGH ail in tommo only taki was at déas bewers st adidas TC BUSHY VIIG II ovt of frewor Out two oaks bissoria DCBI utif -100 onl - mous BIRTH of dely birrow DOTO EIDA tada offe is 86 $1 To ESTINOS DIST H snds NOTI JOI. LITT taxti art obno of hersI of TISHII 96 blue day ed for LICON are of bourse onio egrend on Dita DMS enottsotiquos REGI to MOISTOO TOTOI and If jzift jos't adj You aniv NE BITO the santa no you 302yed man seen riber old eyes nort walt art BOOTS 21073 8/8 ILon as #3 nogs beeniq July B of A BA st $113.08 40 DAYS to RETTO tide erro VALS of GIRE si $1 avix 0$ DONATION Anal w or on of TO 08 bectus tasti to BILL violed tod date xevo and book I markw 107 afty 31101B surre of rest 05 moris time 19802 I north the .NIOW edit III &sunthive ad tasta TOTTED and nl INVO JBNJ 08 hall Offe delan asnioo verto 5NE a.trit of nottoeto's heaist esa (STUDIOS oforiw one bris VIENOIVOIT nit boosetupos LEE hen outs tons Kd 8557$ enT as floorded asso assistamor IIIIS 06 assets test 08 musted beos ent STOCISS NIOW bne enti asit BROLE tisn need to frottesup ext AVESI bms bseds os of Issue It 107 gatrifost berreeb 8 arrangement to be settled when the road was done. The understanding at this time was that we should build the road together, sharing equally in its expense and that an exchange of land in adjustment should follow its completion. And as I had no thought of making the transaction a business one beyond such land exchange, I said that if after I had taken the lot I needed on the ledge and she the lot she needed along the Schooner Head Road and due allow ance had been made for the benefit conferred upon her other land by the road-building and new outlet, if it seemed that I was getting more than she I would bay the balance due her for the land I took, but that if the balance were the other way and I had got from her the land I needed we would not weigh the matter further but look upon It merely as a friendly exchange and not as a business matter. This Mrs Markoe did not wish but said she wanted to make the whole trans- action a burely business one. And 30 we agreed to do and left it. There are certain things that I regard as essential in the exchange and se-arrangemont. The first is the acquisition by me of her land upon the western ledge --- at its fair value. Mrs Markoe told the that she wished to sell this land, and all her land, when I planned out this road for her and the exchange. And it was upon this basis that we went ahead. Second, the restriction of the road from poles, and wires above ground. Third, the restriction of a suitable width of land along the roadside from building or from any obvious disfigurement. Fourth, the agreement to charge upon her land when sold a suitable obligation toward the good maintenance of the road and its repair. Fifth, the retention to myself of the right to give to or withhold from other owners than herself along the general right-of-way the right to make Rse of the new road. This I wish as a check upon these other owners to compel them in making I Agent 78 = speck about orget to GooDey TO UNITED Eyes $20 RESUL to see and or {'}@ Ifeli lears 418 the go 8769 fo as ancress PUBU STORE FDIX and HIRT 719 LICENCE 2324 so GREEN or $3.40 not apau woys a founday 4378 500g - 04 Longer's you so the ATTEGPTO 174pu 93 years 87077 £300 (301) DELIVERED or cash You Deposit 12004 Element #1% CL - 4PTP page prog to were 29/8 as 450 1699 sponsor CVSI FREE 205 g In per 607 (110 YUS Tf - whop POICT was with arepiq 90 "HIT 1079 Tunes WTS yes THEIR I post 1000 that que your - TO TEN are AUTHA* you 8.00 the 18 the or 100 or LIVER SPIMER 25700 I in (7) 1510 HOUTH QUO* TUC DATE = - 10 go sug 2024 76* FILM yourse 974 301 part 099 age se saye the prove 76 as . encourage - was the . LOWING tro TRUST I JUR anny i 203 the PAT Forx pro 1096 13 THE 1016 $32.00 04/67 ASS for Class TO press and RIC I BMA PPA poyungs are 1100 402 $179 This : 400ge pro 5117 100m ouster 76 is sample shop I 220 DC pass nove 705 200 DESCRIPTS it's oping TABO per THE - 102 ayé seager STOUT PUR aquantina Head 1008 STU gifts 77295- I 1078 our it elper = 150 exper pus 104 I 047 start of ppc u 5101 arrow THIS To give aup BOTTON TA9 you se I PROSELF appear educyri THE TSR extension any gust 333 exoyante or joing 570 of fire $7170 you 2005 - 2079 m essaulte our to po AUGU 2120 soors two gouse 0 8 9 use of it to agree to bear their fair part in its good maintenance and repair and also as a check upon their disfiguring their own road- side along the right-of-way by buildings 0.0 otherwise. And sixth, an agreement not to supply the Chase land with water or with tele- phone or electric light and power wires, as I am making arrangement to do that, with the least disfigurement possible to land or road, direct from the town along the former right-of-way and wish to have the present or future owners of the Chase land join in that arrange ment and share in its expense. And as I also wish to use what I can offer them in this regard as an inducement toward a sale of this land upon the hill corresponding to the land I got last year from Harvard College though greater in extent. e communication boos of) and star referts tend of with w 11 10 abit =800% mro steat 52058 cogy Roads " : eats Are etego the with and to vd od# amia 80/00 sole to 26700 w to and sacid our youph of than M dreamstime 700 7'so 2070g Ban too ID boar 01 famal are 0310 of 94 aved of dely 102 with TOTIOS out paste THE add more - nt with SAMPLE 20 instate must - 542 I tea PER of - vein I de lust +oudsigné net w extra time mum atn't 20 1500 = m as el 3 at wait ***** m more 2004 that 103 X area 067 00 the add at duners License 24 he - 1630 LOCUST STREET WEALTH Dor, Thank you tay kneel for your note & melocused of Uct. 9th the Iam soglad you are having freeman - let her know my Shall of costs. I have sent the paper t Charley Smith # Stronder you are still at Bas Hantone Smoke Sw logolean that glady accepted his saluational the 4 Aread digin a paper -fut - it must be made clear Keath had a life interest in the Ind the the sidge what not it 2 Well I send you the Peea Book deed to get one arr lived letter 2 The change has the recorded at Westorth reed soft it a I forget how got it done forthe Through w Dealy I think - showed M "pinion this M. Bone they both thought it a marrelloual pieu of Inte - & through & thoughtful timet Dr M Failler (a you lemember the dentist you saw here falled for you Totay faithfully your Matter mastine How Comes the the thugalow & . please keep sue winded surer mathere Hine of DEAR Mr Deady, Include the clegus for the amount due house the delay Which has cauled ty also accident Yours Kuly M. Mastire from 4/09