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Transit Co Lands Title from A.C. Lynam Value
Mount Desent Transit
Company,
Ban Hanbax, Maine.
Bar Harbor, Me., June 8, 1907.
George B. Dorr, Esq.,
Bar Harbor, Maine.
Dear Sir:
Referring to your subscription for stock in the Mount Desert
Transit Company of the par value of $5,000., I beg to state that at a
,eeting of the Directors of the Transit Company held on June 7, 1907,
it was voted to make an assessment upon the stock of
35% payable June 12, 1907, your assessment payable on this
date amounting to
$1750.
30% payable July 1, 1907, your assessment payable on this
date amounting to
$1500.
You will doubtless remember that the only assessment that has
previously been made upon the stock is the original one of 5%
Your$ very truly,
Treasurer.
Mount Desent Transit
Company,
Ban Harbor, Maine.
Bar Harbor, Me., Dec. 16, 1907.
George B. Dorr, Esq.,
18 Commonwealth Ave.,
Boston, Mass.
Dear Sir:
At a meeting of the Directors of the Mt. Desert Transit Company
held Dec. 13, 1907, it was voted to assess the capital stock of the
Corporation 10% payable on or before Jan. 10, 1908. The amount of
your assessment is $500.
Yours very truly,
Treasurer.
fill Mr. Dnr Emily send to me as
a Memorandum of his expense in connection with
the recent meeting of the Transitles, in Wun Fork
Flet
JOHN A. PETERS
OFFICES AT
COUNSELOR AT LAW
ELLSWORTH AND
BAR HARBOR
Ellsworth, Me.,
April 13, 1908.
George B. Dorr Esq.,
Bar Harbor, Maine.
Dear sir:-
The deed from Thomas P. Emery to Mount Desert Transit Company
was recorded July 2, 1907 in Book 439, Page 439.
I have talked with Seth Norwood at Southwest Harbor and asked him
to go and suggest to the assessors that the lot we bought on Clark's Point
has not increased any in value and that they should not add anything to the
assessment, at least until something was done in the way of development and
asked him to let me know the result.
Yours truly,
Jane
JOHN A. PETERS
OFFICES AT
COUNSELOR AT LAW
ELLSWORTH AND
BAR HARBOR
Ellsworth, Me.,
Dec. 19, 1907.
George B. Dorr, Esq.
Boston, Mass.
Dear sir: -
I have just telegraphed you as follows:- -
"Have obtained extension Clark option seven days to enable satis-
factory closing. See letter."
I have yours of the 17th. and prior to receiving it they tele-
phoned me from Bar Harbor that the money was ready and at my disposal.
Since I wrote you before I have been to Southwest Harbor to clear
up some doubtful points in the title. I think as I am much hurried for
time in this same matter I will not go into details fully with you, but will
cover the ground by saying that I submitted to Mr. Deasy the result of my
work in the Registry and he and I agree on the effect of it. There are
some details in the title which need patching and I am arranging to do so.
In order to give time to fix it up properly I have obtained a seven days'
renewal from the Bucksport people and am now finishing the title and making
papers necessary in my opinion and in that of Mr. Deasy to get a good
merchantable title.
In the case of the right of way to the three acre lot from the
town road it will not be possible to get a perfect title. The old man, Seth
Clark, conveyed to his two sons, Augustus and Clarence, a lot covering the
right of way before he gave a deed of the right of way into this chain of
title;but the deed of the right of way which he did give later was a
Warranty Deed and these two sons are his heirs with property of his that
came to them by Will,so they are in a sense liable on this warranty of
their fathers. Also the deed to them did not include the shore, whereas a
part of the right of way goes over the shore and in that respect the title
is good to the right of way and if we acquired title to an easement inthe
2-
shore directly in front of the Clark boys property it would be disad-
vantageous to them.
I have seen Clarence Clark and gone over the
matter fully with him and he is very reasonable and agrees to exchange
rights of way and give us one to the north back of his house, which is very
much more desirable for us.
In fact the one on the shore is absolutely
impracticable as it turns a sharp corner at right angles and it could not
possibly be used for a train, nor is there room enough between the buildings
to make it serviceable.
I propose under the circumstances if we can get the rest of the
title fixed up to take title to the third lot and the right of way and
then
arrange an exchange with the Clark boys after conferring with the Engineers
to see where they would like to have the right of way.
Before taking
title and paying the money I will confer with you again.
Yours truly,
JOHN A. PETERS
OFFICES AT
COUNSELOR AT LAW
ELLSWORTH AND
BAR HARBOR
Ellsmorth, Me.,
Dec. 24, 1907.
Mr. George B. Dorr,
Vice-president Mount Desert Transit Company,
Boston, Mass.
Dear sir:-
I have completed my examination of title to the Clark Point pro-
perty consisting of three acres and the right of way and submit the fol-
lowing report:-
I carried the record title back to the Commonwealth of Massachu-
setts which is, of course, a perfectly satisfactory foundation. The first
deed was from the Agents of the Commonwealth to Ebenezer Eaton of 270 acres
of land without much detailed description as to its location, describing him
as an original settler, but the old plan of the western half of Mount
Desert Island made by one of the Commissioners, Salem Town Jr., shows a
large tract of land, including Clark's Point marked with the name of
Ebenezer Eaton as an original settler. I think this is evidence enough as
to the location.
From Eaton the title to fifty acres, including the Point and the
locus came to Lewis Clark in 1817 by Warranty Deed and to Nathan Clark in
1828 by Warranty Deed.
There is no conveyance of record from Nathan
Clark. He died intestate about 1860.
I have an Affidavit to be filed
with the papers signed by grandson of Nathan Clark showing the fact of his
death intestate and giving the names of his only heirs.
I find of re- -
cord various quit-claim deeds from all the heirs of Nathan Clark (except
Seth H. Clark) to Seth H. Clark.
The descriptions are somewhat vague, but
I have been to the locus and identified the descriptions and am satisfied
that they cover the lot and that Seth H. Clark acquired a good title. I
also find that he occupied the locus as a homestead for many years.
Seth H. Clark conveyed by warranty to the Bar Harbor Land Company
in 1887 the three acre lot and right of way in question.
Some mortgages
2-
followed, which were discharged and in 1888 the Bar Harbor Land Company
conveyed by warranty to William E. Hadlock the same premises. There was
nothing of record to show the authority for the conveyance. It was made
in behalf of the Company by the Vice-president, E. T. Hamor, and ran to
the President of the Company, W. E. Hadlock.
Under the circumstances it
was necessary to find some authority in the records of that corporation
for the conveyance, as the Courts would be apt to scrutinize it more care-
fully than if it were to a stranger. After some search I was fortunate-
ly able to find the record-book of the corporation and I have included in
my Abstract copies of their records, which showed authority given on June
29, 1888 at a regular meeting of the Directors to make the conveyance. The
only criticism on this authority is one suggested to me by Mr. Deasy, that
the record does not show that a quorum was present but on consideration
both he and I agree that prima-facie a quorum would be presumed to be pre-
sent and that presumption with the extreme improbability of any evidence
existing to the contrary and the fact that very nearly twenty years has
elapsed, make this point of no practical importance, at least not a sufficient
obstacle to prevent taking title.
After Hadlock acquired the title he mortgaged the property to
Charles C. Burrill. The mortgage was foreclosed, but not effectively, or
at least probably not effectively. It was foreclosed in an unusual man-
ner by consent of the mortgagor, which must be followed by possession
taken and retained by the mortgagee and it is doubtful if the mortgagee took
possession, or if he did that he kept it;but I have covered this contingency
by obtaining a new deed from William E. Hadlock, which will be passed as a
part of the title.
It so happened that Hadlock in 1891 conveyed all his
3-
real estate to Nahum T. Hill, of Bucksport in trust. This, of course, will
carry any equity of redemption he had in the property in question, conse- -
quently I have followed the title through the estate of N. T. Hill and the
estate of his devisee, Caroline E. Hill, and have obtained a deed from that
estate to the Transit Company to be delivered with the papers.
Burrill assigned his mortgage to O. P. Cunningham and Cunningham
after the time of redemption had expired conveyed to the Bucksport Bank.
It is my opinion that a proper deed from the Bucksport Bank with
deeds from the estate of Caroline E. Hill and from William E. Hadlock will
carry a substantially sound and safe title to the property and one that
can be defended from any attack.
I have sent a copy of the Abstract to Mr. Deasy and have just
talked with him by telephone and I understand him to agree with me in what I
say above.
The remarks above are limited to the three acre lot. The title
of the right of way to it is defective as Seth H. Clark in 1881,prior to his
deed to the Land Company, conveyed a lot covering most of the right of way
to Augustus and Clarence Clark and Clarence Clark now owns the lot.
I
have seen him and he has agreed verbally to exchange giving us a new right
of way farther to the north for a release of this defective right of way.
I
am quite certain that he will do this, both because he has agreed to and
also because it will be to his advantage to do so for various reasons, which
I have touched upon before in my letter to you.
I do not think the
right of way described in the deed would be suitable for your purposes any-
how'
It should be mentioned that, as is frequently the case in such titles,
some of the deeds do not explicitly go to low water mark using the language
"to the shore" and " by the shore" which are terms of exclusion under de- -
4-
cisions in this state, but the last deeds during the last twenty years have
included the shore and I have an Affidavit from Henry Clark, who has lived
in the vicinity for more than sixty years, that the shore or flats was al-
ways used and claimed with and as a part of the upland by the owner of the
upland and I am satisfied that there is no practical danger in this.
A
title is very seldom perfectly clear from possible criticism and this is no
exception, but, taking it as a whole, I regard it as a substantially good title,
including the shore and recommend that you regard it as a merchantable
title.
I have obtained an extension of the option until the 27th. If
you get this letter in time will you kindly write me, or telegraph me,on the
26th. so I will get it by the morning of the 27th. giving instructions to
go ahead and close the transaction, in case you accept my recommendations,
and I will proceed accordingly.
Yours truly,
COPY.
January 6,
George B. Dorr, Esq.
Mt Desert Transit Company.
18 Connionwealth Ave.,
Boston, Mass.
Dear Sir:-
some time ago you stated that a request had been made
that I should make up a list of the properties owned by the yt.
Desert Transit Company, estimate their values, and perhaps make
some recommendations with reference to their disposition.
With this in view I beg leave to submit the following:
Emery Farm.
The Emery Farm at Salisbury Cove with shore front,
probable value to realize on the property say within a year $1500.
It is my opinion that somewhat more can be secured for this lot
by taking time to dispose of it.
Ellsworth Property.
There are six Iots and five dwellings. The assessors
value the buildings at $4000., the land at $4375. I should
think that to sell the property within a reasonable time it
would not bring over $4000.
Clark's Point.
This property is located at Southwest Harbor. Two
authorities consulted valued the three acres at $5000. per
acre. Adjoining land no better has sold at $2500. for a
single acre. Nevertheless for such property as this one must
wait for a customer to get a good price. I should not think
Statement of Mt. Desert Transit Co.
January 12, 1915.
Capital Stock,
$138,400.00
Miscellaneous Income
467.00
Interest on Bank Account,
529.64 $139.396.64
EXPENDITURES.
Organization
$3,061.05
Real Estate for Operation of Road,
72,343.41
Insurance,
87.90
Engineering,
24,820.40
Miscellaneous Expense,
1,743.46
Bar Harbor Terminal,
20,889.19
Taxes,
5,899.48 128,844.89
Cash on hand, Jan, 12, 1915,
$10,551.75
Statement for Year
from Jan. 1, 1914, to Jan. . 12, 1915.
Cash on Hand, Jan, 1, 1914,
$11,296.33
Interest on Bank Account
223.62 $11,519.95
EXPENDITURES.
Bar Harbor Terminal,
$445.24
Taxes
522.96
968.20
Cash on hand,
$10,551.75
Items of Expenditure under Bar Harbor Terminal
from Jan. 1, 1914, to Jan. 12, 1915.
A. E. Liscomb
$20.12
A. B. Leland
66.34
Eugene R. Leland
148.31
Mt. Desert Nurseries
210.47
$445.24
(COPY)
January 6,
George B. Dorr, Esq.,
Mt. Desert Transit Company
18 Commonwealth Ave.,
Boston, Mass.
Dear Sir:-
Some time ago you stated that a request had been
made that I should make up a list of the properties owned by
the Mt. Desert Transit Company, estimate their values, and
perhaps make some recommendations with reference to their
disposition.
With this in view I beg leave to submit the
following:
Emery Farm.
The Emery Farm at Salisbury Cove with shore front,
probable value to realize on the property say within a year
$1500. It is my opinion that somewhat more can be secured
for this lot by taking time to dispose of it.
Ellsworth Property.
There are six lots and five dwellings. The
assessors value the buildings at $4000., the land at $4375.
I should think that to sell the property within a reasonable
time it would not bring over $4000.
2
being a summer resort. I should question if it would be a good
business proposition to place on the market more than those lots
mentioned in division first and second, and perhaps a few lots in
division four. The value of these lots and their salubrity would
be greatly enhanced by maintaining a part of the property as a
permanent work.
With reference to the advisability of disposing of the
property of the Mt Desert Transit Company; it is my opinion that
the most of it should be offered for sale. The prices should be
placed higher than those that I have suggested. The present
status of the Company is such that there seems to be no reason
to continue the ownership of its property at a loss. There is
practically no income and the taxes alone on the Town of Eden
property was $835.19 last year.
Awaiting any further instructions from you, I remain,
Yours very truly,
Treasurer.
Mount Desent Transit
Company,
Bax Harbor, Maine.
January 6, 1913.
George B. Dorr, Esq.,
18 Commonwealth Avenue,
Boston, Mass.
Dear Mr. Dorr:
The enclosed letter to you would have been submitted for
amendment if you had been in Bar Harbor, but on the whole it may
as well come to you in the way that I look at the Transit Company
matters without amendment. I have sent a copy of this letter to
Mr. Tod. I would, therefore, suggest that if your opinions on
some of the points run counter to mine you can write to him to that
effect. In fact I have intimated to him that such may be the case.
You may also wish to add to some of my statements. I have sent a
rough plan of the property to Mr. Tod, a plan copied from the one
you left at my office, but not showing the Athletic Field divided
into lots.
Yours very truly,
Enc.
with
Treasurer.
Mount Desent Transit
Company,
Bar Harbor, Maine.
February 11th, 1910.
George B. Dorr, Esq.,
Bar Harbor, Maine.
Dear Mr. Dorr:-
In accordance with your request that I estimate
the value of the real estate owned by the Mt. Desert Transit
Company, I submit below a schedule of its value, made in accord-
ance with my judgment.
You will understand that this value is based on the possi-
bility of the Transit Company's closing out its real estate with-
in a short time. If the property were held for a term of years
and disposed of piece meal as opportunity offered, a larger sum
could perhaps be realized.
FAB
The cost of the property and my estimate of its value follow:
Ellsworth Properties
cost $12,200
Estimated value $2,500
Thomas Emery Farm
5,000
If
2,000
Rodick Realty Co.
47,450.
If
If
Terminal Purchase
25,000
7.640
#
Clark's Point
3,500
3,825.
If
Additional/1ots at Ellsworth
1,000
$34,000.
Yours very truly
License
Treasurer
Copy.
Janaury 6, In
George B. Dorr, Esq President,
Mt. Desert Transit Company,
18 Commonwealth Ave.,
Boston, Mass.
Dear Sir:-
Some time ago you stated that a request had been made
that I should make up a list of the properties owned by the Mt.
Desert Transit Company, estimate their values, and perhaps make
some recommendations with reference to their disposition.
(7) this in view FH beg leave to submit the following:
Enery Farm.
The Emery Farm at Salisbury Cove with shore front,
probable value to realize on the property say within a year $1500.
It is my opinion that somewhat more can be secured for this lot
by taking time to dispose of it.
Ellsworth Property.
There are six lots and five dwellings. The assessors
value the buildings at $4,000., the land at $4,375. I should
think that to sell the property within a reasonable time it
would not bring over $4,000.
Clark's Point.
This property is located at Southwest Harbor. Two
authroities consulted valued the three acres at $3,000. per
acro. Adjoining land ro better has sold at $2,500. for a
single acro. Nevertheless for such property as thio
good no 09. I show
George B. Dorr, Esq., -3-
Fourth Division. The lots north of Livingston Road,
a part of which is now occupied by the Y. N. C. A. and Y. W. C. A.
tennis courts, may be worth $2,000.
A total for the whole property which we have called
Athletic Field and Adjacent Property $21,600. The prices made
on all these small lots are low. The prices suggested are
for the lots on an average. Some are worth more and some are
worth less in accordance with their location in the different
divisions.
Referring especially to the third division, and perhaps
include also a part of the fourth division, it would seem
able necessity that would demand the
small lots for the building of comparatively small
uses. It would materially affect the desirability of the
Kennedy Estate opposite. It. would mar the fine outlook from
Lower Main Street in which the Athletic Field now plays so
important a part. Morever the fact must be emphasized that
all of the building lots suggested in the above divisions would
be purchased by year round residents. The demand for such
property is limited. Already there are in the market more
desirable house lots than purchasers. The increase of population
of permanent residents in the town according to the last census
upon the propserity of Bar Harbor, but is in consequence of its