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477 403 —
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. Superior Court Department
of the Trial Court
Civil Action No.
HARRIET C. FINKEL and
STEVEN M. FINKEL, )
Plaintiffs )
)
v. )
)
MOHAMMED A. SHEIK, a/k/a
Mohammed A. Sheikh )
Defendants )
COMPLAINT
NATURE OF CLAIM
1.
r
This is an action brought by the Plaintiffs to establish their right, title, or interest
with respect to a certain so-called “easement/right of way” which crosses certain
land in South Hadley, Hampshire County, Massachusetts. The Plaintiffs seek to
establish rights by virtue of an express easement, easement by implication or
necessity, easement by estoppel, or prescriptive easement.
JURISDICTION
The Superior Court has original jurisdiction over this matter pursuant to the
provisions of M.G.L. Chapter 214, §1, Chapter 212, §4 and Chapter 231A, §1.
PARTIES
. The Plaintiffs, Harriet C. Finkel and Steven M. Finkel, husband and wife, are both
individuals currently residing at 450 Amherst Road, South Hadley, Hampshire
HAMPSHIRE SUPERIOR GOURT
County, Massachusetts.
JUL 4.3 2017
4. BRAY JEXANOWON, JA,
th, BARRY oF RAGISTAATE. The Defendant, Mohammed A. Sheik also known as Mohammed A. Sheikh,
whose last and usual address is 970 Elm Street, West Springfield, Hampden
County, Massachusetts
. The Defendant, Mohammed A. Sheik is the owner of record of the property
located at 455-460 Amherst Road, South Hadley, Hampshire County,
Massachusetts.
FACTS
. The Plaintiffs own record title to a certain parcel of land located at 450 Amherst
Road, South Hadley, Hampshire County, Massachusetts by virtue of deed
recorded in the Hampshire County Registry.of Deeds in Book 8061, Page 64. A
copy of said Deed is annexed hereto as Exhibit A.
. Previous to the Plaintiffs owning said property, it was owned by the Plaintiffs’
parents by virtue of deed recorded in the Hampshire County Registry of Deeds
Book 1196, Page 121. A copy of said Deed is annexed hereto as Exhibit B.
. The Defendant owns record title to a certain parcel of land located at 455-460
Amherst Road, South-Hadley, Hampshire County, Massachusetts by virtue of
deed recorded in Hampshire County Registry of Deeds Book 8065, Page 29. A
copy of said Deed is annexed hereto as Exhibit C.
. At all times relevant to hereto, a certain driveway runs through the Defendant’s
property for purposes of providing the Plaintiffs access to their property from
Pearl Street. This driveway has been in place for over 50 years and was recorded
as such in the Hampshire County Registry of Deeds in Plan Book 178, Page 103.
A copy of said Plan is annexed hereto as Exhibit D.10. The Plaintiffs and their predecessors-in-title have utilized this driveway to access
their property for well in excess of 50 years, crossing and re-crossing the property
that is now owned by the Defendant across what has always been a driveway.
11. After the Defendant acquired the property, the Plaintiffs used this driveway to
access their home. Since 2004, the Defendant did not interfere with the Plaintiffs
use of this driveway.
12. In June 2017, the Defendant began to intentionally and without right interfere
with the Plaintiffs rights to use the driveway. The Defendant erected a concrete
barrier blocking the Plaintiffs access to the driveway.
13. For the last month, the Plaintiffs have engaged the Defendant in discussions in an
attempt to avoid litigation but have been unable, to date to resolve their dispute.
14. The Plaintiffs have no remedy at law for relief.
DECLARATORY DETERMINATION (M.G.L. CHAPTER 231A, §1)
15. The Plaintiffs hereby repeat and reaver each and every one of the allegations
contained in paragraphs 1 through 15 of this Complaint and incorporate the same
by reference herein.
16. An actual controversy has arisen among the Parties to this action regarding the
Plaintiffs interest in said driveway.
17. As owners of a right-of-way in the driveway the Plaintiffs have standing and their
rights will be significantly affected by a resolution of this controversy.
18. The Defendant has no right, title, or interest whatsoever that would allow them to
interfere in any way with the Plaintiffs use of the driveway.19. Plaintiffs have an expressly granted easement or an easement by implication for
use of the entire length of the driveway as it is described as a right-of-way for
purposes of accessing the Plaintiffs property from Pearl Street, as that road is
more further described by record title and by record plans, including but not
limited to Plan Book 178, Page 103.
20. Plaintiffs have acquired an easement by necessity or by estoppel with respect to
the driveway as a right-of-way that allows Plaintiffs their only access between
Pearl Street and their property off of Amherst Road is described on Plan Book
178, Page 103. The other driveway that accesses the property from Amherst
Road/Route 116 is too dangerous to use, and has never been used to access the
property.
21. The Defendant has no legal basis to exclude the Plaintiffs or the Plaintiffs” agents
or invitees from any part of the driveway as said road is described in record title
and in Plan Book 178, Page 103.
WHEREFORE, the Plaintiffs seek a Declaration to issue after a hearing on the
merits stating:
1. that the Plaintiffs, their agents and invitees have a granted
easement or an easement by implication to use said driveway over
its entire length for purposes of accessing their property in South
Hadley, Massachusetts from Pearl Street;
2. that the Plaintiffs have acquired an easement by prescription or an
easement by necessity for the right to use said driveway over itsentire length for purposes of accessing their property in South
Hadley, Massachusetts from Pearl Street;
that the Defendant have no right, title, or interest whatsoever that
would allow the Defendant to interfere with the Plaintiffs, their
agents or invitees from utilizing said driveway along its entire
length for purposes of accessing the Plaintiffs’ property from Pearl
Street;
that the Defendant’s land located at 455-460 Amherst Road, South
Hadley, Massachusetts is burdened with an easement that includes
a driveway from Pearl Street to Plaintiffs’ property in South
Hadley, Massachusetts across the land owned by the Defendants
for purposes of accessing the Plaintiffs’ property from Pearl
Street;
that the Defendant be preliminarily and permanently enjoined
from preventing, impeding, or in any way interfering with the
Plaintiffs or the Plaintiffs’ agents or invitees use of the driveway
which allows the Plaintiffs to access their property in South
Hadley, Massachusetts from Pearl Street;
that the Court issue a short order of notice to Plaintiffs to show
why the Court should issue a preliminary injection enjoining the
Defendant from preventing, impeding, or in any way interfering
with the Plaintiffs or the Plaintiffs’ agents or invitees use of thew
driveway which allows the Plaintiffs to access their property in
South Hadley, Massachusetts from Pearl Street;
7. For such other relief as the Court deems just and proper.
We, Harriet C. Finkel and Steven M. Finkel, have read the above Complaint, I
have personal knowledge of the facts contained therein and to the best of my knowledge,
information and belief, said facts are true.
MA : # paket
Harriqf C. Finkel
Steven M. Finkel
The Plaintiffs
Harriet C. Finkel
Steven M. Finkel
By their Attorney
Cheyl A. AUkeA £44
Cheryl A. Parker, Esquire
PARKER & O’GRADY
124 College Highway
P.O. Box 249
Southampton, MA 01073
(413) 527-8660
(413) 527-6523 (Fax)
BBO # 542243 va
Date: July 13, 2017WHEN RECORDED RETURN TO:
~~ Exhibit A Bk: 08061 Pg:
\ 4
SHATZ, SCHWARTZ AND FENTIN, PC”
1441 Main Street, Suite 1100
Springfield, MA 01103
450 Amherst Road, South Hadley, MA
Property Address:
Bk: 8081Pg: 64 Page: 1 of 2
UITCLAIM DEED Recorded: 11/12/2004 09:08 AM
I, Julia L. Corbin, of 450 Amherst Road, South Hadley, Hampshire
County, Massachusetts,
for consideration paid of ONE HUNDRED EIGHTY-NINE THOUSAND FIFTY
TWO DOLLARS AND 80/100 ($189,052.80) DOLLARS
grant to HARRIET C. FINKEL and STEVEN M. FINKEL, as tenants by
the entirety, of 580 Stellman Road, River Vale, New Jersey
with QUITCLAIM COVENANTS
The land in South Hadley, Hampshire County, Massachusetts,
bounded and described as follows:
*** PLEASE SEE EXHIBIT "A", ATTACHED HERETO AND MADE
A PART HEREOF BY THIS REFERENCE ***
BEING the same premises conveyed to the Grantor and Horace H.
Corbin by deed dated May 26, 1955 and recorded in the Hampshire
County Registry of Deeds in Book 1196, Page 121. Horace H. |
Corbin conveyed his interest to the Grantor by deed dated March
11, 1991 and recorded in Hampshire County Registry of Deeds in
Book 3696, Page 341.
No title examination was conducted in conjunction with this deed.
BEING the premises known and numbered as 450 Amherst Road, South
Hadley, Hampshire County, Massachusetts.
EXECUTED as a sealed instrument this 4th day of November, 2004.
Jglia L. Corbin
On this 4th day of November, 2004 before me, the undersigned
notary public, personally appeared Julia L. Corbin, proved to me
through satisfactory evidence of identification, namely the
person was [known to me, identified by affirmation of a credible
witness, or identified in oe ], to be the
person whose name is signed on the preceding or attached document
and acknowledged to,me that such person signed it voluntarily as
such pe: 's fre ct and deed for its stated purpose.
sign and stamp
Cond Fey: ‘fosfor
EPF\1233\Sale of Real Extate\o$i2Deed. 2601, MASSACHUSETTS EXCISE TAX
Hampshire District ROD #13 001
Date: 11/12/2004 09:08 AM
ctrif 011059 07068 Doo# 00034242
Fee: $864.12 Cons: $189,052.80Bk: 08061 Pg:
EXHIBIT "aA"
The land with the buildings thereon situated in South Hadley,
Hampshire County, Massachusetts, bounded and described as
follows:
SOUTHERLY
WESTERLY
NORTHEASTERLY
on the westerly side of said highway three hundred
forty-eight (348) feet more or less, to the
northeast corner of land conveyed by Phebe I. Nash
to George H. Nash and Jean V. Nash by deed dated
March 20, 1952 and recorded in Hampshire County
Registry of Deeds in Book 1113, Page 168; thence
along said Nash land four hundred twenty-three
(423) feet, more or less to a stone bound at the
northwesterly corner of said Nash land on the
southerly side of said Old County Road; thence
along the southerly side of said Old County Road
four hundred thirty-five (435) feet more or less
to the point of beginning.
EXCEPTING therefrom that certain portion of land conveyed to
Peter A. Gagne by deed of Julia L. Corbin, said deed being dated
March 23, 1995 and recorded in Hampshire County Registry of Deeds
in Book 4640, Page 107.
SUBJECT to restrictions of record, if any.
EPF\2233\Sale of Real Estate\Exhibica.7601,
ATTEST: HAMPSHIRE, REGISTER
MARIANNE L. DONOHUEos Exhibit B
~ Book 1196
3203 NUOGHle!
We, Warren G. Willis end Phyllis M. Willis, husband and wife
of South Madley, Mampshi reCounty, Massachusetts,
XOQRIIAOREEL, for consideration paid, grant to Morace H. Corbin and Julia L. Corbin,
husband and wife of Chicopes, Hampden County, Massachusette
as tenants by the entirety:
ok
+ with warranty covenants
the landgm with the buildings thereon situated in South Hadley, Hampaiire
county: Massachusetts xsangaxumeammemaiowm bounded and described
as follows: .
Beginning at a concrete monument at the intersection of the Old County
Road, so-called, and the State Highway leading from South Hadley te
Amherst celled the Amherst Road; thence running
SOUTHERLY on the westerly side of said highway three hundred forty-
eight (348) feet more or less, to the northeast corner of
land conveyed by Phebe I. Nash to George H. Nash and Jom V.
Nash byd eed dated March 20, 1952 and recorded in Hampshire
County Registry of Deeds Beok 1113 page 168; thence running
WESTERLY along said Nash land four hundred twenty-three (423) feet,
more or less to a stone bound at the northweaterly c orner
of said Nash land on the southerly side of said Old County
Road; thence
NORTHEASTERLY along the southerly side o f said Old County Road four
hundred thirty-five (435) feet more or leas to the point
of beginning.
Subject to taxes for the year 1955.
Subject torestrictions of record, if anys
t
‘CL Book 1196 7,
Werren G. Willis and Phyllis M. Willis bape op eatar parma,
married to each other
release to said graatee all rights of Sower™and homestead and other interests therein
‘Wituess OUP _hande and seale this twenty-sixth day of ____May___1565
“
The Commonmenlty of Massachusetts
Hampden 8, May 26, 19 56
‘Then personally appeared the above-named —
Warren G. Willis and Phyllis M. Willis
and acknowledged the foregoing instrument to be tR@42 free act and deed, before me
Louis Y. Siapies eee
$B 9 rt BO,
My commissloa explret suns
May 26, 1955, At 1 o'clock & 30 mins. P. M. Rectd, Ent'd & Exam'd.Hee lag MA. 0787S”
joo Amber st Rk.
ASs-Y¥
South
Exhibit C
lan nO” Bk: 08065 Pg:
QUITCLAIM DEED 4x. s0asea:20 e050
Recorded: 11/16/2004 04:06 PM
KNOW ALL MEN BY THESE PRESENTS, That We, PETER A. GAGNE and
BEVERLY A. GAGNE, both of 405 Amherst Road, South Hadley,
Hampshire County, Massachusetts, in consideration of TWO HUNDRED TWENTY
THOUSAND AND 00/100 ($220,000.00) DOLLARS grant to MOHAMMED A.
SHEIK, of 970 Elm Street, West Springfield, Hampden County,
Massachusetts, with Quitclaim Covenants, the land in South Hadley,
Hampshire County, Massachusetts, bounded and described as
follows:
Being Parcel A on a Plan of Land entitled “Plan of Land in
South Hadley, Massachusetts, prepared for Peter Gagne,
Subdivision Approval Not Required” drawn by Harold L. Eaton and
Associates, Inc., Registered Professional Land Surveyors, 235
Russell Street, Hadley, Massachusetts, dated April 29, 2003 and
recorded in the Hampshire County Registry of Deeds in Plan Book
195, Page 116. Said Parcel A containing 29,951 square feet, more
or less.
Being a portion of the premises conveyed to the Grantors
herein by deed dated September 3, 2003 and recorded in the
Hampshire Couny Registry of Deeds, Book 6776, Page 84. See.also
Estate of Felix Gagne, which is duly recorded in the Hampshire
County Probate Court as Document No. 91P0081E1.
AA
EXECUTED as a sealed instrument this <> day of November
2004.
BEVERLY A/ GAGN!
MASSACHUSETTS EXCISE TAX
Hampshire District ROD #13 001
Date: 11/16/2004 04:05 PM
otri# 011086 18112 Doo# 00034663
Fee: $1,008.20 Cons: $220,000.00{ ‘ Bk: 08065 Pg: © ~
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this ott day of November, 2004, before me, the
undersigned Notary Public, personally appeared Peter A. Gagne and
Beverly A. Gagne, proved to me through satisfactory evidence of
identification, which were Massachusetts Driver’s Licenses, to be
the persons whose names are signed on the preceding or attached
document, and acknowledged to me that they signed it voluntarily
for its stated purpose.
My Commission Expires: 01/08/10
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MARIANNE L. DONOHUEJe SS a8
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477 403 — COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. Superior Court Department of the Trial Court Civil Action No. HARRIET C. FINKEL and STEVEN M. FINKEL, ) Plaintiffs ) ) v. ) ) MOHAMMED A. SHEIK, a/k/a Mohammed A. Sheikh ) Defendants ) COMPLAINT NATURE OF CLAIM 1. r This is an action brought by the Plaintiffs to establish their right, title, or interest with respect to a certain so-called “easement/right of way” which crosses certain land in South Hadley, Hampshire County, Massachusetts. The Plaintiffs seek to establish rights by virtue of an express easement, easement by implication or necessity, easement by estoppel, or prescriptive easement. JURISDICTION The Superior Court has original jurisdiction over this matter pursuant to the provisions of M.G.L. Chapter 214, §1, Chapter 212, §4 and Chapter 231A, §1. PARTIES . The Plaintiffs, Harriet C. Finkel and Steven M. Finkel, husband and wife, are both individuals currently residing at 450 Amherst Road, South Hadley, Hampshire HAMPSHIRE SUPERIOR GOURT County, Massachusetts. JUL 4.3 2017 4. BRAY JEXANOWON, JA, th, BARRY oF RAGISTAATE. The Defendant, Mohammed A. Sheik also known as Mohammed A. Sheikh, whose last and usual address is 970 Elm Street, West Springfield, Hampden County, Massachusetts . The Defendant, Mohammed A. Sheik is the owner of record of the property located at 455-460 Amherst Road, South Hadley, Hampshire County, Massachusetts. FACTS . The Plaintiffs own record title to a certain parcel of land located at 450 Amherst Road, South Hadley, Hampshire County, Massachusetts by virtue of deed recorded in the Hampshire County Registry.of Deeds in Book 8061, Page 64. A copy of said Deed is annexed hereto as Exhibit A. . Previous to the Plaintiffs owning said property, it was owned by the Plaintiffs’ parents by virtue of deed recorded in the Hampshire County Registry of Deeds Book 1196, Page 121. A copy of said Deed is annexed hereto as Exhibit B. . The Defendant owns record title to a certain parcel of land located at 455-460 Amherst Road, South-Hadley, Hampshire County, Massachusetts by virtue of deed recorded in Hampshire County Registry of Deeds Book 8065, Page 29. A copy of said Deed is annexed hereto as Exhibit C. . At all times relevant to hereto, a certain driveway runs through the Defendant’s property for purposes of providing the Plaintiffs access to their property from Pearl Street. This driveway has been in place for over 50 years and was recorded as such in the Hampshire County Registry of Deeds in Plan Book 178, Page 103. A copy of said Plan is annexed hereto as Exhibit D.10. The Plaintiffs and their predecessors-in-title have utilized this driveway to access their property for well in excess of 50 years, crossing and re-crossing the property that is now owned by the Defendant across what has always been a driveway. 11. After the Defendant acquired the property, the Plaintiffs used this driveway to access their home. Since 2004, the Defendant did not interfere with the Plaintiffs use of this driveway. 12. In June 2017, the Defendant began to intentionally and without right interfere with the Plaintiffs rights to use the driveway. The Defendant erected a concrete barrier blocking the Plaintiffs access to the driveway. 13. For the last month, the Plaintiffs have engaged the Defendant in discussions in an attempt to avoid litigation but have been unable, to date to resolve their dispute. 14. The Plaintiffs have no remedy at law for relief. DECLARATORY DETERMINATION (M.G.L. CHAPTER 231A, §1) 15. The Plaintiffs hereby repeat and reaver each and every one of the allegations contained in paragraphs 1 through 15 of this Complaint and incorporate the same by reference herein. 16. An actual controversy has arisen among the Parties to this action regarding the Plaintiffs interest in said driveway. 17. As owners of a right-of-way in the driveway the Plaintiffs have standing and their rights will be significantly affected by a resolution of this controversy. 18. The Defendant has no right, title, or interest whatsoever that would allow them to interfere in any way with the Plaintiffs use of the driveway.19. Plaintiffs have an expressly granted easement or an easement by implication for use of the entire length of the driveway as it is described as a right-of-way for purposes of accessing the Plaintiffs property from Pearl Street, as that road is more further described by record title and by record plans, including but not limited to Plan Book 178, Page 103. 20. Plaintiffs have acquired an easement by necessity or by estoppel with respect to the driveway as a right-of-way that allows Plaintiffs their only access between Pearl Street and their property off of Amherst Road is described on Plan Book 178, Page 103. The other driveway that accesses the property from Amherst Road/Route 116 is too dangerous to use, and has never been used to access the property. 21. The Defendant has no legal basis to exclude the Plaintiffs or the Plaintiffs” agents or invitees from any part of the driveway as said road is described in record title and in Plan Book 178, Page 103. WHEREFORE, the Plaintiffs seek a Declaration to issue after a hearing on the merits stating: 1. that the Plaintiffs, their agents and invitees have a granted easement or an easement by implication to use said driveway over its entire length for purposes of accessing their property in South Hadley, Massachusetts from Pearl Street; 2. that the Plaintiffs have acquired an easement by prescription or an easement by necessity for the right to use said driveway over itsentire length for purposes of accessing their property in South Hadley, Massachusetts from Pearl Street; that the Defendant have no right, title, or interest whatsoever that would allow the Defendant to interfere with the Plaintiffs, their agents or invitees from utilizing said driveway along its entire length for purposes of accessing the Plaintiffs’ property from Pearl Street; that the Defendant’s land located at 455-460 Amherst Road, South Hadley, Massachusetts is burdened with an easement that includes a driveway from Pearl Street to Plaintiffs’ property in South Hadley, Massachusetts across the land owned by the Defendants for purposes of accessing the Plaintiffs’ property from Pearl Street; that the Defendant be preliminarily and permanently enjoined from preventing, impeding, or in any way interfering with the Plaintiffs or the Plaintiffs’ agents or invitees use of the driveway which allows the Plaintiffs to access their property in South Hadley, Massachusetts from Pearl Street; that the Court issue a short order of notice to Plaintiffs to show why the Court should issue a preliminary injection enjoining the Defendant from preventing, impeding, or in any way interfering with the Plaintiffs or the Plaintiffs’ agents or invitees use of thew driveway which allows the Plaintiffs to access their property in South Hadley, Massachusetts from Pearl Street; 7. For such other relief as the Court deems just and proper. We, Harriet C. Finkel and Steven M. Finkel, have read the above Complaint, I have personal knowledge of the facts contained therein and to the best of my knowledge, information and belief, said facts are true. MA : # paket Harriqf C. Finkel Steven M. Finkel The Plaintiffs Harriet C. Finkel Steven M. Finkel By their Attorney Cheyl A. AUkeA £44 Cheryl A. Parker, Esquire PARKER & O’GRADY 124 College Highway P.O. Box 249 Southampton, MA 01073 (413) 527-8660 (413) 527-6523 (Fax) BBO # 542243 va Date: July 13, 2017WHEN RECORDED RETURN TO: ~~ Exhibit A Bk: 08061 Pg: \ 4 SHATZ, SCHWARTZ AND FENTIN, PC” 1441 Main Street, Suite 1100 Springfield, MA 01103 450 Amherst Road, South Hadley, MA Property Address: Bk: 8081Pg: 64 Page: 1 of 2 UITCLAIM DEED Recorded: 11/12/2004 09:08 AM I, Julia L. Corbin, of 450 Amherst Road, South Hadley, Hampshire County, Massachusetts, for consideration paid of ONE HUNDRED EIGHTY-NINE THOUSAND FIFTY TWO DOLLARS AND 80/100 ($189,052.80) DOLLARS grant to HARRIET C. FINKEL and STEVEN M. FINKEL, as tenants by the entirety, of 580 Stellman Road, River Vale, New Jersey with QUITCLAIM COVENANTS The land in South Hadley, Hampshire County, Massachusetts, bounded and described as follows: *** PLEASE SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE *** BEING the same premises conveyed to the Grantor and Horace H. Corbin by deed dated May 26, 1955 and recorded in the Hampshire County Registry of Deeds in Book 1196, Page 121. Horace H. | Corbin conveyed his interest to the Grantor by deed dated March 11, 1991 and recorded in Hampshire County Registry of Deeds in Book 3696, Page 341. No title examination was conducted in conjunction with this deed. BEING the premises known and numbered as 450 Amherst Road, South Hadley, Hampshire County, Massachusetts. EXECUTED as a sealed instrument this 4th day of November, 2004. Jglia L. Corbin On this 4th day of November, 2004 before me, the undersigned notary public, personally appeared Julia L. Corbin, proved to me through satisfactory evidence of identification, namely the person was [known to me, identified by affirmation of a credible witness, or identified in oe ], to be the person whose name is signed on the preceding or attached document and acknowledged to,me that such person signed it voluntarily as such pe: 's fre ct and deed for its stated purpose. sign and stamp Cond Fey: ‘fosfor EPF\1233\Sale of Real Extate\o$i2Deed. 2601, MASSACHUSETTS EXCISE TAX Hampshire District ROD #13 001 Date: 11/12/2004 09:08 AM ctrif 011059 07068 Doo# 00034242 Fee: $864.12 Cons: $189,052.80Bk: 08061 Pg: EXHIBIT "aA" The land with the buildings thereon situated in South Hadley, Hampshire County, Massachusetts, bounded and described as follows: SOUTHERLY WESTERLY NORTHEASTERLY on the westerly side of said highway three hundred forty-eight (348) feet more or less, to the northeast corner of land conveyed by Phebe I. Nash to George H. Nash and Jean V. Nash by deed dated March 20, 1952 and recorded in Hampshire County Registry of Deeds in Book 1113, Page 168; thence along said Nash land four hundred twenty-three (423) feet, more or less to a stone bound at the northwesterly corner of said Nash land on the southerly side of said Old County Road; thence along the southerly side of said Old County Road four hundred thirty-five (435) feet more or less to the point of beginning. EXCEPTING therefrom that certain portion of land conveyed to Peter A. Gagne by deed of Julia L. Corbin, said deed being dated March 23, 1995 and recorded in Hampshire County Registry of Deeds in Book 4640, Page 107. SUBJECT to restrictions of record, if any. EPF\2233\Sale of Real Estate\Exhibica.7601, ATTEST: HAMPSHIRE, REGISTER MARIANNE L. DONOHUEos Exhibit B ~ Book 1196 3203 NUOGHle! We, Warren G. Willis end Phyllis M. Willis, husband and wife of South Madley, Mampshi reCounty, Massachusetts, XOQRIIAOREEL, for consideration paid, grant to Morace H. Corbin and Julia L. Corbin, husband and wife of Chicopes, Hampden County, Massachusette as tenants by the entirety: ok + with warranty covenants the landgm with the buildings thereon situated in South Hadley, Hampaiire county: Massachusetts xsangaxumeammemaiowm bounded and described as follows: . Beginning at a concrete monument at the intersection of the Old County Road, so-called, and the State Highway leading from South Hadley te Amherst celled the Amherst Road; thence running SOUTHERLY on the westerly side of said highway three hundred forty- eight (348) feet more or less, to the northeast corner of land conveyed by Phebe I. Nash to George H. Nash and Jom V. Nash byd eed dated March 20, 1952 and recorded in Hampshire County Registry of Deeds Beok 1113 page 168; thence running WESTERLY along said Nash land four hundred twenty-three (423) feet, more or less to a stone bound at the northweaterly c orner of said Nash land on the southerly side of said Old County Road; thence NORTHEASTERLY along the southerly side o f said Old County Road four hundred thirty-five (435) feet more or leas to the point of beginning. Subject to taxes for the year 1955. Subject torestrictions of record, if anys t ‘CL Book 1196 7, Werren G. Willis and Phyllis M. Willis bape op eatar parma, married to each other release to said graatee all rights of Sower™and homestead and other interests therein ‘Wituess OUP _hande and seale this twenty-sixth day of ____May___1565 “ The Commonmenlty of Massachusetts Hampden 8, May 26, 19 56 ‘Then personally appeared the above-named — Warren G. Willis and Phyllis M. Willis and acknowledged the foregoing instrument to be tR@42 free act and deed, before me Louis Y. Siapies eee $B 9 rt BO, My commissloa explret suns May 26, 1955, At 1 o'clock & 30 mins. P. M. Rectd, Ent'd & Exam'd.Hee lag MA. 0787S” joo Amber st Rk. ASs-Y¥ South Exhibit C lan nO” Bk: 08065 Pg: QUITCLAIM DEED 4x. s0asea:20 e050 Recorded: 11/16/2004 04:06 PM KNOW ALL MEN BY THESE PRESENTS, That We, PETER A. GAGNE and BEVERLY A. GAGNE, both of 405 Amherst Road, South Hadley, Hampshire County, Massachusetts, in consideration of TWO HUNDRED TWENTY THOUSAND AND 00/100 ($220,000.00) DOLLARS grant to MOHAMMED A. SHEIK, of 970 Elm Street, West Springfield, Hampden County, Massachusetts, with Quitclaim Covenants, the land in South Hadley, Hampshire County, Massachusetts, bounded and described as follows: Being Parcel A on a Plan of Land entitled “Plan of Land in South Hadley, Massachusetts, prepared for Peter Gagne, Subdivision Approval Not Required” drawn by Harold L. Eaton and Associates, Inc., Registered Professional Land Surveyors, 235 Russell Street, Hadley, Massachusetts, dated April 29, 2003 and recorded in the Hampshire County Registry of Deeds in Plan Book 195, Page 116. Said Parcel A containing 29,951 square feet, more or less. Being a portion of the premises conveyed to the Grantors herein by deed dated September 3, 2003 and recorded in the Hampshire Couny Registry of Deeds, Book 6776, Page 84. See.also Estate of Felix Gagne, which is duly recorded in the Hampshire County Probate Court as Document No. 91P0081E1. AA EXECUTED as a sealed instrument this <> day of November 2004. BEVERLY A/ GAGN! MASSACHUSETTS EXCISE TAX Hampshire District ROD #13 001 Date: 11/16/2004 04:05 PM otri# 011086 18112 Doo# 00034663 Fee: $1,008.20 Cons: $220,000.00{ ‘ Bk: 08065 Pg: © ~ COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. On this ott day of November, 2004, before me, the undersigned Notary Public, personally appeared Peter A. Gagne and Beverly A. Gagne, proved to me through satisfactory evidence of identification, which were Massachusetts Driver’s Licenses, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. My Commission Expires: 01/08/10 arrasr: xanpsaran, Shamard Aolet-nvoioren MARIANNE L. DONOHUEJe SS a8 memos ‘SEE UNRECORED PLAN PREPARED FOR ARSE CANE BF 088, SESE, RE, CED A. 190 arqruxd da oes: 4, PAOLA JS 10 8 COMYED Br cuUA CoRR TD ATER RW PRE TD ST ' NE ao NCORPRATD wT ABA Lo. a 2, ARE SARE 1S RECOUUNOED To cOWDaY CHMEESHP, manson agg] CORD, WT ECU AUPSHRE COUNTY SOUTH HADLEY, MASSACHUSETTS fei ae banat Po TER CACHE Pee te feta Pee GE Ge ata in wht, sus tow Gi) aR ype Sr lobe Za Die AEASIERED UND SURG Ly, } LATE ust 23198 z WE) HERITAGE SURVEYS, INC, + PEDSTERED PROFESSION. LAND) SURVEYORS PO BO 1 courte Hom SOUTHMPTON, WASSACHUSETS