HomeMy WebLinkAboutJAYCO BUILDING CO THE COHEN LAW OFFICE
THE ATRIUM
SHA77UCK OFFICE CENTER
138 RIVER ROAD
ANDOVER,MA 01810
508/975-6000
FAX 508/685-8387
GERALD M.COHEN(Mass.&N.H.)
DANA S.COHEN
DONNA E.COHEN
(Of Counsel) March 22, 1990 -i
at
Town Clerk's Office +� tZ,r-r,-
Town of North Andover
North Andover, Massachusetts 01845
Re: Carberry et al V. Town of Andover, et al
Dear Sirs/Madams:
Please take notice that this office represents Robert
Carberry. Nancy Carberry, Bruce B. Butterfield, Janice M.
Butterfield, Ricahrd M. Axelrod, Carol A. Axelrod, Frederick
R. Ford, Ellen M. Ford, Michael G. Souza, Ellen C. Souza,
John R. Byers, Wendy C. Byers, Willaim B. Bruce and
Constance A. Bruce. all of North Andover, Essex County.
Massachusetts; and as their attorney, I hereby give notice
of claim for property damage suffered as a result of the
Town of North Andover Department of Public Works ' , and
Planning Board ' s negligent failure to follow the Rules and
Regulations governing subdivision control. As a direct
result of the Town' s breach of its duty to properly oversee
the proper location of sewerage lines, there exists a sewer
line in the rear section of the above parties ' property that
was never validly created.
Very truly yours.
O
fierld N. Cohen
CERTIFIED MAIL
RRR P 490 801 388
(0178L/8 . )
y• i �o01 D J P19
(TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: —TORT— MOTOR VEHICLE TORT—
CONTRACT—EQUITABLE RELIEF—OTHER.)
j COMMONWEALTH OF MASSACHUSETTS
a
I oESSEX, ROBERT CARBEEY, NANCY CARBERRY, BRUCE B. SUPERIOR COURT
a Q
BUTTERFIELDf JANICE M. BUTTERFIELDr RICHARD CIVIL ACTION
M. AXELROD, CAROL A. AXELRODr FREDERICK R. Na
4 FORDf ELLEN M. FORDr MICHAEL "G. SOUZAr ELLEN C. SOUZAr
v
JOHN R. BYERSr WENDY C. BYERSr WILLIAM B. BRUCE, AND
CONSTANCE A. BRUCE
v g .....................Plaintiff(s)
. . . . ............................................._........._
a p
m M O. rV
P V JAYCO BUILDING CO. INC. , ,,OSGO0D. ASSOCIATES. INC. r -i
FLOWAGE INC. r AND THE TOWN OF NORTH ANDO� O
...._..._..................._..._....... ...... _....... s...... endant s
s SUMMONS c
ZE To the above named Defendant:
= e
GERALD M. COHEN
8 ,5 You are hereby summoned and requtrPd to serve upon .................................................................._....................,
v c
plaintiffs attorney, whose address is ...13.8----RZVER...ROAD.r...AN.DOVERI...MA....OIRLD...... an answer to the
3 .c
complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu-
sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de-
matided in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
cl of this court at SALEM _ either before service upon plaintiffs attorney or within a reasonable
e time thereafter.
a
Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you
s may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
L .3 plaintiff's claim or you will thereafter be barred from making such claim in any other action.
0
o
Z o A TRUE COPY 1TT> �I' WITNESS, Robert L. Steadman, Esquire,at Salem, the 22nd
q tS day of MARCH in the year of our Lord one thousand
pzj • f 4F '� ' nine hundred and ninety-
. fs. d to -•'�...`� ;?!
0 E
V �
1 P E
a
z Clerk
NOTES:
1_ This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved,the names of all defendants should appear in the Caption.If a separate summons is used for each
defendant,each should be addressed to the particular defendant.
OfHee#30
PROOF OF SERVICE_OF PROCESS
Ihereby certify and return that on .....................................:.......................... ' 199 , I served a copy of
the within summons, together with a copy of the complaint in this action, upon the within-named
defendant, in the following manner(See Mass. R. Civ. P. 4(d) (1-5):
................................................................................•.......................................................................................................
................................................................................_..........................................x...........................................................
.........................................................•..................•......................................................_.........................I..............
Dated: , 199 ......................................................................................
N.B. TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
, 199 (} .
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VLtAJt I Yrt UR PRINT EXCEPT WHERE SIGNATURE IS REQUIRED
Trial Court of Massachusetts �L\ DOCKET NUMBER
CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
ESSEX Division
PLAINTIFT�bBERT CARBERRY, ET AL DEFENDANT(s) JAYCO BUILDING CO.INC. r
OSGOOD ASSOCIATES, INC. , FLOWAGE, IN
E. TOWN OF- NORTH ANDOVER
ATTORNEY(S)FIRM NAME,ADDRESS AND TEL.) ATTORNEY(S)(H known)
GERALD M. COHEN (BBO# 089040).
138 'RIVER ROAD, ANDOVER, MA 01810
508-975-6000
Board of Bar Overseers # (Required) 089040
ORIGIN CODE AND-TRACKDESIGNATION r: "
Place an ® in one box only:
C 1. F01,"Original.Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X)
❑ 2. F. � emoval.to.Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief•from
❑ 3. F03'Retransfer to Sup. Ct. c 231, s. 102C (X) judgmentlorder (Mass. R Civ. P. 60 (X)
❑ 6. E10 Summary process appeal (X)
n TYPE OF ACTION AND TRACK DESIGNATION_(See-Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A,IURY CASE?
A08 SALE OR LEASE OF REAL 'ESTATE (F) { Yes : ❑ 'No
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required In ALL Types of Actions))
PLAINTIFFS PURCHASED REAL PROPERTY FROM DEFENDANTS, ,FRAUDULENT MISREPRESENTA-
TIONS'.WERE MADE IN CONNECTION WITH THOSE SALES CONCERNING A.,SEWER LINE THAT
WAS ILLEGALLY ENCROAHING ON THEIR PROPERTY, FURTHER,_.CERTAIN DEFENDANTS
NEGLIGENTLY APPROVED PLANS AND RELEASES FOR SAID PROPERTIES ALL TO
PLAINTIFFS" DETRIMENT. PRESENTLY, AN ILLEGAL SEWER LINE RUNS THROUGH THE
REAR PORTION OF PLAINTIFFS ' PROPERTIES, PLAINTIFFS HAVE BEEN DAMAGED
FINANCIALLY, AND THEIR PROPERTY HAS BEEN SUBSTANTIALLY DESTROYED.. -
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY,
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED $25,000:
THERE ARE SEVEN LOTS OF LANDr EACH OWNED SEPARATELY"
BY THE PLAINTIFFSr THE PLAINTIFFS AS A GROUP SEEK._TO,HAVE THE ENCROAHMENT
REMOVED AND THEIR PROPERTY RELANDSCAPED TO ITS ORIGINAL APPEARANCE. SAID
COST. OF REMOVAL AND RE—LANDSCAPING FOR .SEVEN LOTS- OF_.LAND WILL COST
BETWEEN $150, 000 . 00 to $200,000 .00.
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT.
NONE WHICH I AM AWARE.
SIGNATU F ATTORNEY F C R NTIFF DATE
ERALD M. COHEN, ESQ. 3-22-90
DISPOSITIONPECEIVE
VP P
ID
A. Judgment Entered B. No Judgment Entered BY.
❑ 1. Before jury trial or non-jury hearing ❑ 6.Transferred to District DATE
❑ 2. During jury trial or non jury hearing.: Court.under_G.L.c.2311 ,• NSfOSIT10N ENTERED
❑ 3. After jury verdict s.102C..
I1 A Affwr rnurt findinn DIsoosition Date BY.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.
ROBERT CARBERRY, NANCY CARBERRY, )
BRUCE B. BUTTERFIELD, JANICE M.
BUTTERFIELD, RICHARD M. AXELROD, )
CAROL A. AXELROD, FREDERICK R. )
FORD, ELLEN M. FORD, MICHAEL G. )
SOUZA AND ELLEN C. SOUZA. JOHN R. )
BYERS, WENDY C. BYERS, WILLIAM B. ) COMPLAINT
BRUCE AND CONSTANCE A. BRUCE, )
Plaintiffs }
V. )
JAYCO BUILDING CO. , INC, OSGOOD }
ASSOCIATES, INC. AND FLOWAGE, )
INC. , and THE TOWN OF NORTH )
ANDOVER, )
Defendants )
PRELIMINARY STATEMENT
1. Plaintiffs bring this civil action seeking
damages for: unfair and deceptive acts in violation of G.L. ,
c . 93A, S . 2(a) ; for fraud by the Defendants in connection
with the sale to the Plaintiffs of residential real estate;
for trespass by the Defendants of the Plaintiffs '
residential real estate; and for negligence in the allowance
and approval of plans and releases relating—to said real
estate.
PARTIES
2 . The Plaintiffs, Robert Carberry and Nancy
Carberry, reside at 212 French Farm Road, North Andover,
Essex County, Massachusetts.
3 . The Plaintiffs, Bruce B. Butterfield and Janice
THE COHEN LAW OFFICE M. Butterfield, reside at 22.4 French Farm Road. North
THE ATRIUM
;HATTUCKOFFICSCENTER Andover. Essex County, Massachusetts.
138 RIVER ROAD
ANDOVER.MA 01810 - 4 . The Plaintiffs. Richard M. Axelrod and Carol A. -
SaOB1978-GOOD ".
Axelrod, reside at 164 Old Farm Road, North Andover, Essex
County, Massachusetts .
5 . The Plaintiffs, Frederick R. Ford and Ellen M.
Ford reside at 176 French Farm Road, North Andover, Essex
I County, Massachusetts.
6 . The Plaintiffs, Michael G. Souza and Ellen C.
Souza, reside at 200 French Farm Road, North Andover, Essex
County. Massachusetts.
7. The Plaintiffs, John R. Byers and Wendy C. Byers,
reside at 172 Old French Farm Road, North Andover, Essex
County, Massachusetts.
8 . The Plaintiffs, William B. Bruce and Constance A.
Bruce, reside at 188 French Farm Road, North Andover, Essex
County, Massachusetts.
9 . The Defendant, Jayco Building Company. Inc. , is a
corporation duly organized under the laws of the
Commonwealth of Massachusetts with a principal place of
business at 701 Salem Street, North Andover, Essex County.
Massachusetts .
10. The Defendant Osgood Associates, Inc. , is a ~
corporation duly organized under the laws of the
Commonwealth of Massachusetts with a principal place of
business at 397 Andover Street, North Andover, Essex County,
Massachusetts .
11. The Defendant Flowage, Inc. , is a corporation
duly organized under the laws of the Commonwealth of
THE COHEN LAW OFFICE
THE ATRIUM Massachusetts with a principal place of business at Two Elm �..
SHATTUCK OFFICE CENTER
138 RIVER ROAD Square, Andover, Essex' County, Massachusetts.
ANDOVER,MA 01810
2.
15081975-8000
i
12. The Defendant, Osgood Associates, Inc. was at all
times relevant hereto an agent of Jayco Building"Company,
Inc.
13 . The Defendant, Town of North Andover, is a
municipality incorporated under the laws of the Commonwealth
of Massachusetts and located in Essex County.
FACTS COMMON TO ALL COUNTS
14. The plaintiffs in the above action all purchased
residential dwellings from 1985 through 1988 from the
defendant, Jayco Building Company, Inc . (See attached deeds
marked Exhibits A through G) .
15 . At the time of each purchase plaintiffs were
informed that the sewerage to their property would be
private. and the sewer line was represented to be located in
the front of each lot.
16. At the time of purchase, several plaintiffs, when
viewing their lots, noticed a path in the rear of their
lots . They questioned both the real estate-broker, Osgood
Associates, and the seller, Jayco Building Company, Inc. , as
to what the "matted down" path in the rear of their lots
represented. They were told that it was an old "cart path"
no longer utilized by anyone.
17. Sometime in the spring of 1988, a plaintiff ,
Robert Carberry, was walking in his backyard, and one of his
children nearly fell into a manhole. The plaintiff did not
THE COHEN LAW 0"WE
THE ATRIUM' know what the manhole was for or who it belonged to, but
SHATTUOC OFFICE CENTER
138 RIVER ROACH realized that it was on its property.
ANDOVER,MA 019110
15061975-6000
3.
18 . Plaintiff, Robert Carberry, contacted the other
named plaintiffs above to inquire as to where the manhole
came from and who it belonged to.
19 . After much investigation and consultation with
Attorney Ramsey A. Bahrawy, plaintiff ' s were told that the
sewer line in their backyards belonged to Flowage Inc. , the
same entity that owned the sewer lines running in the front
of their yards .
20. Flowage Inc. is a corporation that oversees the
finance and maintenance of the sewer lines in and around the
subdivision where plaintiff ' s property is located. The
President of Flowage Inc . is Benjamin L. Osgood.
21. None of the subdivision plans submitted and or
approved showed any references to the encroaching sewer line
in the rear of plaintiffs ' lots .
22. From the date •of the initial discovery of the
sewer line through the summer of 1989 , plaintiffs were
unable to obtain any definitive answers .fro any of the
defendants as to who was responsible for the illegal
encroachment on their properties .
23 . In response to defendants ' continued evasive and
unfair dealing relative to this matter, plaintiffs made a
written demand upon defendants for relief pursuant to M.G.L.
Ch. 93A,
24. To date, none of the defendants have responded to
THE COVEN LAW OFOICE
THEATRIUM remedy this situation, in violation of Chapter 93A good
SHATt'UCK OFFICE CENTER
138 RIVER ROAD. faith requirement.
ANDOVER.MA 01810 - -
4.
COUNT I
25 . The Defendants induced the plaintiffs to rely on
their representations, which representations were not true.
26 . The Plaintiffs have suffered damages as a result
of the fraud practiced upon them, all as will be made to
appear.
COUNT II
27. The acts and practices of the Defendants are
intentional. wilful and or malicious and are unfair and
deceptive acts declared illegal in this Commonwealth.
28 . As a result of the acts and failures to act on
the part of the Defendants, Plaintiffs have suffered
damages, all as will be made to appear.
COUNT III
29 . The plaintiffs had the right of possession, at
all material times and the Defendants illegally and
intentionally entered Plaintiffs , land without the right and
or authority to do so.
30. The Defendants have remained on the land and have
failed to remove the illegal structures from Plaintiffs '
property, without any privilege to do so.
31. The trespass by Defendants is of a continuing
nature, and Defendants have failed to take any steps to
remove the illegal structures.
32. As a result of Defendants , actions Plaintiffs
THE COHEN LAW OFFICE
THE ATRIUM have been damaged all as will be made to appear .
SHATTUCH OFFICE CENTER
138 MER ROAD. _
ANDOVER.MA 01810
5.
SM 976-8000
COUNT IV
33 . The Defendants have a duty to allow the
Plaintiffs to use their property in quiet enjoyment.
34 . The Defendants have breached their duty for use
and quiet enjoyment by the Plaintiffs.
35. The Defendants illegally and intentionally
encroached on Plaintiffs ' property creating substantial
monetary damage to Plaintiffs ' property, all as will be made
to appear .
COUNT V
36 . The Defendants have a duty to properly execute
plans, approvals and releases relative to the Plaintiffs '
property.
37 . The Defendants have breached that duty and as a
result the Plaintiffs have suffered monetary damages and
destruction of their property, all as will be made to
appear .
WHEREFORE, the Plaintiffs pray that:
1. Judgment enter in favor of the Plaintiffs against
the Defendants on Count I in an amount to be determined by
the Court after a hearing on the merits;
2. Judgment enter in favor of the Plaintiffs against
the Defendants on Count II in an amount to be determined by
the Court after a hearing on the merits, and that said
THE CO14EN LAW OFFICE
THE ATRIUM 6
SHATTUCK OFFICE CENTER
198 RIVER ROAD
ANDOVER.MA 01910
G00 975-6000.
judgment be trebled under M.G.L. Ch. 93A. together with
reasonable attorney fees;
3 . -Judgment enter in favor of the Plaintiffs against
the Defendants on Count III in an amount to be determined by
the Court after a hearing on the merits;
4 . Judgment enter in favor of the Plaintiffs against
the Defendants on Count IV in an amount to be determined by
the Court after a hearing on the merits;
5 . Judgment enter in favor of the Plaintiffs against
the Defendants on Count V in an amount to be determined by
the Court after a hearing on the merits;
6 . That an injunction be issued to prevent
Defendants from continuing its unlawful interference with
Plaintiffs ' property;
7. Such other and further relief as this Court deems
meet and proper.
Plaintiffs demand a trial by jury.
Respectfully submitted,
Plaintiffs by their Attorney
G. ald M. C hen, Esq.y
{�BBO# 089040)
E138 River Road
Andover, MA 01810
508-975-6000
(0178L/1-7. )
THE COHEN LAW OFFICE
THE ATRIUM 7.
SHATTUCK OFFICE CENTER
138 RIVER ROAD
ANDOVER,MA 01010
GM 975-Cg00
C�l—�'l o� 1 I � � •
BK2021 ;. : . .. _ ..
i
JAYCO BUILDING COMPANY, INC.,
2, 1
•corporation duly established under tbelawsof "Massachusetts
having its usual place of business at North Andover, ;
Essex County,Mauiahusetts,for the full consideration of
000.00
paid
a
! c grants to ROBERT CARBERRY AND NANCY CARBERRY, Husband and Wife, as
i tenants by the entirety
v
z of ,� _ French Farm Road, North Andover, MA 01845
with riuRrialm cournants the land in Nor th Andover, Essex County,' Mass., with the
°o buildings thereon, shown as Lot 115 on a plan entitled "Definitive
s Subdivision Plan of Land of French Farm Village located in North
Andover, MA" Owner: Starmard.Realty Trust, Applicant: Barker Street
: Trust, Scale: 1"=401 , July 13, 1981 Revised March 16,1982, Frank L.
-- c Gelinas and Associates, Inc., and recorded at North Essex Registry of
Deeds as Plan No. 8926, to which plan reference is made for further
a, description.
w . .
e1 Said premises are conveyed subject to and with the benefit of any and
all restrictions, reservations and conditions of record insofar as the
same may now be in force and applicable.
Together with the right to use the streets and ways as shown on said
plan for all purposes for which streets and ways are commonly used in
= the Town of North Andover in common with others lawfully entitled
thereto until conveyed to the Town of North Andover.
Being the same premises conveyed to the said JAYCO BUILDING COMPANY,
INC. by deed of JAYSON REALTY' INC., recorded prior hereto.
I
s " COti marl-EAtT11 O(
5 AASSACHUSErrS
1 9 QQ -
In srUMfi�l nd the said JAYCo BUILDING COMPANY, INC.
has caused its corporate wl to be hereto abed and thew presents to be signed, sel:uowledged and
y delivered in its name and behalf by James J. Philbin., ;
its Pres. 6 Treas. hereto duly autborised,this 9th _
day of August la the year one thousand nine hundred and eighty—five. 1
Signed and aa"In presence of JA J�U it I Y s INC.
.1
a by James hilbin* Pres. i Treas
• ? '. �f2Gf71}�lf¢�ft4i t, •
{
Essex 816August 9, 19 85
Then personally appeared the aboveaamad James J. Philbin, President and
Treasurer of Jayco Building Company* Inc.
and acknowledged the foregoing instrument to yet &V 7ton.
,r
oommiubnaxp�lrot.' n 19
Recorded AuP.9,1985 at 4:16FU #17723
R
corporation duly established under the laws of Massachusetts
having its usual place of business at North Andover,
of _ Essex County,hfassachusetts,for the full consideration of
� r
� • of • .. M /.
$223,iD0.00 paid
0
1 c
j 4 grants to BRUCE B. BUTTERFIELD AND JANICE M.. BUTTERFIELD, Husband and
iz° Wife, as -te.hants by t4 rtnlire-Ty
a
I
to
of 2P-,_4French Farm Road, North Andover, MA 01845
with gattrialut routannfa the land inNor th Andover, Essex County, Mass. , with the
w buildings thereon, shown as Lot #16 on a plan entitled "Definitive
w Subdivision Plan of Land of French Farm Village located in North
Andover, MA" Owner: Starmard Realty Trust, Applicants Barker Street
A Trust, Scale: 1"m401, July 13, 1981 Revised March 16, 1982, Frank L.
Gelinas and Associates, Inc., and recorded at North Essex Registry of
Deeds as Plan No. 8926, to which plan reference is made for further
description.
N Said premises are conveyed subject to and with the benefit of any and
all restrictions, reservations and conditions of record insofar as the
N same may now be in force -and applicable.
Together with the right to use the streets and ways as shown on said
plan for all purposes for which streets and ways are commonly used in
the Town of North Andover in common with others lawfully entitled
thereto until conveyed to the Town of North Andover.
C
%m Being the same premises conveyed to the said Jayco Building Company,
C Inc. by deed of Jayson Realty, Inc., recorded prior hereto.
F.
4- " — -r4 •ti— t'"- '
Jnwitntesft"Ithe said JAYCO BUILDING COMPANY, INC.
has caused its corporate seal to be hereto affixed and these presents to be eigaed, acknowledged and
delivered in its name and behalf by James J. Philbin,
its Pres. & Tress. hereto duly authorized,this10th •�
day of September in the year one thm"od acne huadre¢and eighty-five.
Signed and sealed in presence 0JA O, BUI.``L N COMP INC.
10 M
b ;mes ,'Philbin,Pres. & Tress.
a!g
$�t�Ialmlronme�Rt>��t#s
Essex ea. September 10, 19 85
Theo personally appeared the above named James J. Philbin, President and
Treasure of Jayco Building Company, Inc.
and acknowledged the foregoing instrument to be
BQIOre td d ` s Not:aaN kPui
meb
e
. rion w
expires
Recorded Sept-10,1985 at 3:14PM 1120723
1
- •".��Li'l X51 T «� .� � _ - �._ .._ . -_
13 JK 20 8
•JAYQQ BUILDING COMPANY, INC. /
atorpors.
tivadulyatab8ahedundpr the lwsof Massaehusetta
having tta%mud plum of businm.t North Andover,
of • i.. ;,y't,,.. Essex ` County,Mus"humMai for the full conelderatloe of
ss2s,000.00 1
1 : >aw
vlulito.RICHARD' M. AXELROD. and CAROL 4, AXELROq, Husband and Hife,
z of I6 014 Farm Road, North Andover,.MA 01845
with quMlalmroarn=Wthe land Is . North Andover, Essex County, Massachusetts,
-with the buildings thereon, shown on plan entitled, "Plan of Land in
North Andover, HA prepared for Jayco Building Company", Scaler 2" -401,
June 13, 19550 Christiansen Engineering, Inc., said Plan being
r" recorded in the North Essex Registry of Deeds as Plan No. 9911. Said
v Lot I11A contalas 65,556 sq.ft.,, more or less, all according to said
C Plan. 1 .
^ Being the same premises conveyed to the"said JAYCO BUILDING COMPANY,
-.
INC. -by deed pf JAYSOp REALTY, INC., rRcorded herewith. .:
S Said ppremises are subject to and with' the benefit of any and all
restrictions, reser7ations and conditions of record insofar as the..
same.are now ip, fo ce and applicable.
Together'with theiright to use',the. streets and ways as.shown on said
o plan'foCiall purposes for which streets and ways are commonly used in
the Town of.North Andover in common with others lawfully entitled
s thereto until Fonveyed to .the Town of North Andover.
J ;A- ftASSA411USEffS . , .* . /• '• !' „i: ,
Ik` uj�
5 3 0 0 f
pOf litMUnfSVkWalfh."id .. JAM BUILDING COMPANY, IHC.
1 V hu caused h/corporate sal to be berate of&ed and.theas prpents to be dga/d, acknosrtadtmd and
dclirerediatt/naraeandbshaUbr James J• Philbih '
14 Pres. L Treasp, pmratodutyauthwUed,th1i 25th
day of November to the year one thouaadalae bun" a ht -five.
11\ _ _ � � : i9 y ,
.�- Signed and$a"to prtnnee of i
JAYCOINC.
BUILDIN
s y James Philbine.'Pres. F Trgas
t
• � . 04tt�ofmnaameltNhaf�atct�ttsl
Essex +C November 25 19 BS
Tbeapereonallyappeared the&boreaawed James J. Philbinr ?resident and
Treasurer q� Jayco Building Company, Inc.
A and acknowledged the foregoing Instrument b be th/ act an*o o
• t tme , �1/fl � s
,. .•g 4 , ; .:,. .. .$d?r'c , ff, .-_�}CC.�IGC((...do �btk '
':& t' •' •..:., commissionoplrn I�h f� 19 j
_ • ' k r• - -
Recorded Nov.?511985 at 4:22Pt128073
�Y NV./�r.M,Yw xwwh+ 7=.L
t � , - e 1. R � f-. ! ,•l �,. t r IV� Its
JAYCO BUILDING COMPANY, INC. 0v
IT \� J \ 11
a corporation duly established under the laws of Massachusetts, 6
having its usual place of business at North Andover ,
of Essex County, Massachuaetta,for the full consideration of
$221,000.00 paid
v
>
o
C
grants to FREDERICK R. •FORD AND ELLEN M. FORD, Husband and Wife,
4J0lk..} �L.V„/�i t• . Tf1ia 1/v/•� ♦ ..\I j., V.; �.. , •.,ti. •�i'. •.l1
v
French Farm Road, North Andover , MA 01845
in iwith guttrlUlm ran tuants the land/Wr th Andover, Essex County, Mass. , with the
buildings thereon, shown as Lot 1112 on a plan entitled "Definitive
E Subdivision Plan of Land of French Farm Village located in North
0 Andover, MA" Owner: Starmard Realty Trust, Applicant: Barker Street
r"
Trust, Scale: 1"=40', July 13, 1981 Revised March 16, 1982, Frank
Tr
c TrGelinas and Associates, Inc. , and recorded at North Essex Registry
L.c of Deeds as Plan No. 8926, to which plan reference is made for further
w description.
w
N Said premises are conveyed subject to and with the benefit of any and
all restrictions, reservations and conditions of record insofar as the
same are now in force and applicable.
S Together with the right to use the streets and ways as shown on said
plan for all purposes for which streets and ways are commonly used in f
a the Town of North Andover in common with others lawfully entitled
g thereto until conveyed to the Town of North Andover.
a
Being the same premises conveyed to the said JAYCO BUILDING COMPANY,
INC. by deed of JAYSON REALTY, INC. , recorded prior'her to.
"Lei C
1t WiLmsiIhtnd the said JAYCO BUILDING COMPANY, INC.
' acknowledged Lad ,
has caused its corporate seal £b be hereto affixed and these •pPeaents to be sigaed,
delivered in its name and behalf by James J. Philbl'n,
its Pres. & Treas. hereto�lyauthorized,
this
san0a�undredand eighty-five.
day of June Y r
Signed and sealed in presence of JAYC BUILDIN CO QY,' 1140:
by Ja^res J Philbir., Irer.. & Treas.
• �ilitfllurmnmima�tfhofcl>u��
Essex aa. June dd' 19 85
Then personally appeared the above named James J. Philbin, President and
Treasurer of Jayco Building Company, Inc.
and acknowledged the foregoing instrument to bet r c�aad ether ion
l9
I� M>uuu,aaa>.vu eayia,
i
i
I ; STEPHEN J. FOWLER and CAROLE J. GRAFSTROM, husband and wife
of North Andover Essex County,Massachusetts
in consideration of
---- HUNDRED THOUSAND ($ ,000.00) DOLLARS------
grant to Michael G, Souza & Ellen C. Souza, husband and wife as
tenants by the entirety, both
I of Lot 14, French Farm Road, North Andover,
Essex County, Massachusetts with siuitclaim rousttttuts
the and In
I
North Andover, Essex County, Mass., with the buildings thereon,
shown as Lot #14 on a plan entitled "Definitive Subdivision Plan
of Land of French Farm Village located in North Andover, MA"
Owner: Stermard Realty Trust, Applicant: Barker Street Trust,
Scale: 1"=401 , July 13, 1981 Revised March 16, 1982, Frank L.
Gelinas and Associates, Inc. , and recorded at North Essex
Registry of Deeds as Plan No. 8926, to which plan reference is
made for further description.
Said premises are conveyed subject to and with the benefit of
any and all restrictions, reservations and conditions of record
insofar as the same may now be in force and applicable.
Together with the right to use the streets and ways shown on
said plan for all purposes for which streets and ways are
commonly used in the Town of North Andover in common with others
lawfully entitled thereto until -conveyed to the Town of North
Andover.
Being the same premises conveyed to the grantors by deed of
Jayco Building Company, Inc., dated September 23, 1985, recorded
in said Registry of .Deeds, Book 2048, Page 318.
Pf MASSACHUSETTS
v � :7 -2 -2
Ex cored as a sealed instrument this sixteenth day o July 1986
the Qlummonfaettlth of %ussurhusetts
Essex ss. July 16, 19 86
Then personally appeared the above named CAROLE J. GRAFSTROM
and acknowledged :he foregoing instrument to be her f ■ and 3d
Before me._
Joh Ford Xa■ry Pub&
My minion expira 2/16'140
c xtTtslr- f- (, CI���S .�:
gp Pub
ESP XrPJZ!X1 that we, Michael J. Cavallaro and
Donna P1 Cavallaro o North Andover, Massachusetts,
I _
for a consideration of Three Hundred Nineteen Thousand ($319,000.00)Dollars
paid, grant to John R. Byers and Wendy C. Byers,. husband and wife,
of 2 Walker Road #11, No. Andover, MA as
with (uitdlxuu "maids,
/as l a} 113
`" , that land in North Andover, Esx County,
co
Massachusetts, with the buildings thereon, shown,,on plan entitled,
' o "Plan of Land in North Andover, MA prepared for Jayco Building
i Company," Scale: 1"=401 , June 13, 1985, Christiansen Engineering,
Inc., said plan being recorded in the North Essex Registry of Deeds
as Plan No. 9917. Said #11B contains 58,058 sq. ft.., more or less,
u all according to said Plan.
v
o Said premises are conveyed subject to and with the benefit. of any
and all restrictions, reservations and conditions of record insofar
as the same are now in force and applicable.
z Together with the right to use the streets and ways as shown on said {
-plan for all purposes for which streets and ways are commonly used
in the Town of North Andover in common with others lawfully entitled
a thereto until conveyed to' the Town of North Andover.
Being the same premises conveyed to us by deed of Jayco Building
I u, Company, Inc. dated November 1, 1985
end recorded with the aforesaid
d Registry of Deeds in Book 20.72 Page 164.•:.
O
to
" .�'�"il-X11:""11=Y�i�li:=1{.'+'fl:=:fl."It�•lf�� -
.43
ro E4. i A(� jJ5E7,7511.1f
7 Ni. l. I1�?
.s- �i l,i .i: i.11.11.11�=
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to i
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u -
a -.
m
kPUruftb as a sealed instrument, this 23RD day of ay 9 88
�.
haJ Cad,
Donna,M. avallaro .
• I
COMMONWEALTH OF-XASSACHUSETTB i
Essex,as.
May 23, . 1988,
Then personally appeared Michael J. Cavallaro and Donna M. Ca
and acknowledged the foregoing instrument as and to be their free act and eed
before me, HER F. LO PIANO,JIL
7nnn"AAA i:.,.. of NOtary Public-
JAYCO• BUILDING COMPANYr INC.
a corporation duly established under the laws of Massachusetts ESSEX RE0.0F REEDS '
having itausual place of business at 401 Andover Street$ NortelPTArNVer,
ppuu r
otcx .ti Essex County,Maeae�ll4e'c�e,fi�t�iQ fuA ctlaration of
ui190G.:._._..»PACE_.»». i
a, $226,000.•00 RECURDE4
a _ paid
j 0
.c grantato WILLIAM B, BRUCE AND CONSTANCE A. BRUCE, Husband-and Wife, I
w as tenants by the entirety, and not as joint tenants', nor as tenants
i
in' common, _.
ro. of French.Farm Road$ North Andover, MA 01895 '
with quit'tlalm rvurnant8 the land in North Andover, Essex County; ,Mass.,• with the
buildings thereont shown as Lot #13 on a plan entitled "Definitive
W. • Subdivision Plan of -Land of French Farm Village •located in North
w Andover, MA" Owner: Starmard Realty Trust, Applicant; ,barker -Street
c Trust, Scale: 1"=90' r July 13, 1981 Revised March 16$• 19821 Frank D.
oGelinas and Associates, Inc., and recorded at North Essex Registry'o'f
v -Deeds as Plan No. 8926, to .which plan reference is made fo, further
w' description.
Said premises are conveyed subject to and with the benefit of any and
all restrictions, reservations and conditions of record insofar as: tge
same may'now be in force and applicable. f
' Together with the right to use the streets and ways'as shown on said
Wplan for all purposes for which streets and ways' are commonly used. in
a the Town of North Andover in common with others lawfully entitled ;
thereto until conveyed to the Town of North Andover: ' d
Being the same premises conveyed to the said Jayco Bpilding Company$
Inc, by deed of Jayson Realty, Inc. , recorded pr.ior he
iniu lut$8i h=r the mid JAYCO BUILDING COMPANY, INC.
has caused its corporate seal to be berets sffured and these presents to be signed, acknowledged gad
delivered is its name and behalf by . James J. Philbin,
• its Pres. & Treas. hereto duly autbodsed,this 26th
day of July la the year one thousand nine hundred iwd ,eig y-five.
Signed and sealed in presence ofJAY BUILDII r INC.
by James • . Philbin, Pres. & Treas:
Essex es. July 26, 19 '85
Thea personally appeared the above named James J. PhilSin, President and
Treasurer of Jayco Building Company, IY4.
sad acknowledged the foregoing instrument to be the tree aet mad deed of thq r oration. 1
• B{,Ore Ale, ` l�� NOr9rD hW&
My commissioa czpfros it r lot l!
i
Oversized Maps on file with the Town