HomeMy WebLinkAbout98-07132
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STIPULATION AGAINST LIENS
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THIS AGREEMENT made the 16th day or December, IlJlJX, by and between LUTTRELL
HOMES, INC., hereinat1er rererred to as Contractor. and MICHAEL J, RORKE and DOROTHY
J, RORKE, hereinat1er rctcn'ed to as Owners, whereby the ronnel' undertook and agreed to erect and
construct a custom built home on that certain lot of ground situate at Lot No, 3, N0I1h Middlesex
Road, Carlisle. Cumberland County, Pcnnsylvania, more fiJlly described in Exhibit" A" attached
hereto and made a part hereof.
NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of
the sum of ($1,00) Dollar to Contractor in hand paid by Owners, the rcceipt whereof is hereby
acknowledged, and the thrther consideration mentioned in the agreement aforesaid, for themselves
and their subcontractors, and all parties acting through or under them. covenant and agree that no
mechanic's liens or claims shall be filed or maintained by them or any of thcm against the said
buildings and the lot of ground appul1enant thereto for or on account of any work done or materials
furnished by them or any of them under said contract or otherwise, for, towards, in, or about the
erection and construction of the said buildings on the lot above described, and the said Contractor,
for them~elves, their subcontractors and others under them hereby expressly waive and relinquish
the right to have, file, and maintain any mechanic':; lieils or claims against the said buildings or any
of them. and agree that this instrument, waiving the right oflicn, shall be an independent covenant.
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WITNESS our hands and seals this 16th day of Decemher, \9<)X,
Signed, Scaled and Delivered
in the presence of
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Michael 1. R,6rke, Owner
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Dorothy j, Rorke, wner
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, Lutrell. Secretary
State of Pennsylvania
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County of Cumberland
On this. the 16th day of December, 19<)8, before me the undersigned officer, personally
appeared MICHAEL 1. RORKE and DOROTHY J, RORKE, known to me or satisfactorily proven
to be the persons whose names are subscribed to the within instrument and acknowledged that they
executed the same for the purposes therein contained,
In witness whereof. I hereunto set my hand and oflicial seal.
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Statc of Pcnnsylvania
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County of Cumbcrland
On this. thc 16th day of Dcccmbcr. 1998. beforc mc. a Notary Public. pcrsonally appeared
GREGORY A, LUTTRELL. known to me to be the pcrson whosc namc is subscribed. and who
acknowledgcs himsc1fto bc thc Presidcnt of Lullrcll Homcs. lnc" a Pcnnsylvania corporation, and
that hc as such Prcsidcnt, bcing authorizcd to do so. cxccutcd thc forcgoing statcmcnt for thc
purposcs thercin containcd by signing thc namc of thc corporation by himsclf as,
In witncss whcreof I have hereunto sctmy hand and notarial scal.
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EXIIIHIT "A"
ALL THAT CERTAIN tract of land situate in Middlesex Township. Cumberland County,
Pennsylvania, being Lot No, 3 on the Preliminary/Final Subdivision Plan for Robert F, Olto, Sr. and
Louise C. Olto, husband and wife, recorded in Cumberland County Plan Book 73, Page 144,
bounded and described as follows:
BEGINNING at a point in the centerline of North Middlesex Road, Township Road T-496 at the
northwest corner of a 50 foot private right-of-way appearing on the aforementioned Plan of Lots,
being other land now or formerly of Robert F, OliO, Jr. and Susan L. Otto; thence by said 50 foot
private right-of-way 25,01 feet to an iron pin on the eastern edge of the right-of-way for North
Middlesex Road: thence by the same North 73 degrees 20 minutes 55 seconds East 300,15 feet to
an iron pin at the southwest comer of Lot No, 4 on the aforementioned Plan of Lots, being land now
or fonnerly of Robert F. Olto, Jr. and Susan L. Olto; thence by said Lot No, 4 North 14 degrees 51
minutes 19 seconds West 299,64 feet to an iron pin in line ofland now or formerly of Clarence E,
Brownawell; thence by said land now or formerly of Clarence E, Brownawell, South 71 degrees 59
minutes 03 seconds West 300.46 feet to an iron pin on the eastern edge of the right-of-way for North
Middlesex Road; thence by the same South 71 degrees 59 minutes 03 seconds West 25,04 feet to
a point in the centerline of North Middlesex Road; thence by the centerline of North Middlesex
Road South 14 degrees 51 minutes 19 seconds East 291.89 feet to a point in the centerline of North
Middlesex Road, the Place of Beginning,
CONT AINING 2,039 acres, more or less, exclusive of the area of the dedicated right-of-way for
North Middlesex Road
TOGETHER with an easement across the 50 foot private right-of-way line to the South of said Lot
No, 3 for purpose of utility connections, as set forth on Sheets 2 and 3 of the Preliminary/Final
Subdivision Plan for Robert F, Olto, Sr. and Louise C. Otto, recorded in Cumberland County 76,
Page 184
UNDER AND SUBJECT, NEVERTHELESS, to building and use conditions and restrictions of
record. including but not limited to those set forth on the Preliminary/Final Subdivision Plans of
Robel1 F, alto. Sr. and Louise C. alto. recorded in Cumberland County Plan Book 73, Page 144 and
Plan Book 76, Page 148, FUl1her. as noted on the af(Jrementioned Plans of Lots, the Grantees herein,
their heirs and assigns. shall have no right of use to the 50 foot private right-of-way appearing on
said Plans for purposes of ingress, egress or regress,
BEING the same premises which Robert F, Olto, Jr, & Susan L, Otto, husband and wife, by their
Deed dated June 15, 1998 and recorded in Cumberland County Deed Book 179, Page 347, granted
and conveyed unto Michael J Rorke and Dorothy 1. Rorke
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