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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 (} . F � z 00 w U � a 0U W� u�iUZ :� 0 U E) 0 > x : .g Qjb a oy A Cd n dl UUU W 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 ($319,000.00)Dollars paid, grant to John R. Byers and Wendy C. Byers,. husband and wife, of 2 Walker Road #11, No. Andover, MA as with (uitdlxuu "maids, /as l a} 113 `" , that land in North Andover, Esx County, co Massachusetts, with the buildings thereon, shown,,on plan entitled, ' o "Plan of Land in North Andover, MA prepared for Jayco Building i Company," Scale: 1"=401 , June 13, 1985, Christiansen Engineering, Inc., said plan being recorded in the North Essex Registry of Deeds as Plan No. 9917. Said #11B contains 58,058 sq. ft.., more or less, u all according to said Plan. v o Said premises are conveyed subject to and with the benefit. of any and all restrictions, reservations and conditions of record insofar as the same are now in force and applicable. z Together with the right to use the streets and ways as shown on said { -plan for all purposes for which streets and ways are commonly used in the Town of North Andover in common with others lawfully entitled a thereto until conveyed to' the Town of North Andover. Being the same premises conveyed to us by deed of Jayco Building I u, Company, Inc. dated November 1, 1985 end recorded with the aforesaid d Registry of Deeds in Book 20.72 Page 164.•:. O to " .�'�"il-X11:""11=Y�i�li:=1{.'+'fl:=:fl."It�•lf�� - .43 ro E4. i A(� jJ5E7,7511.1f 7 Ni. l. I1�? .s- �i l,i .i: i.11.11.11�= N to i E N u - a -. m kPUruftb as a sealed instrument, this 23RD day of ay 9 88 �. haJ Cad, Donna,M. avallaro . • I COMMONWEALTH OF-XASSACHUSETTB i Essex,as. May 23, . 1988, Then personally appeared Michael J. Cavallaro and Donna M. Ca and acknowledged the foregoing instrument as and to be their free act and eed before me, HER F. LO PIANO,JIL 7nnn"AAA i:.,.. of NOtary Public- JAYCO• BUILDING COMPANYr INC. a corporation duly established under the laws of Massachusetts ESSEX RE0.0F REEDS ' having itausual place of business at 401 Andover Street$ 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