HomeMy WebLinkAbout99-06504e 99- 4S(3`1 milt
STIPULATION AGAINST LIENS
THIS AGREEMENT made this 2s- fS day of O ?e 1999, by and
between McCoy Brothers, Inc., hereinafter referred to as
Contractor,
AND
CUMBERLAND GOLF CLUB, INC., hereinafter referred to as Owners,
whereby the contractor undertook and agreed to erected and
construct a dwelling on the certain lot of ground situate in West
Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania, and more fully described in Exhibit "A" which is
attached hereto and made a part hereof known as 2395 Ritner
Highway, Carlisle, West Pennsboro Township, Cumberland County, PA.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar
to Contractor in hand paid by owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or themselves and its,
his or 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 them against the
said buildings and the lot of ground appurtenant 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 itself, himself or
themselves, its, his or their subcontractors and others under
them, hereby expressly waive and relinquish the right to have,
file, and maintain any mechanic's liens or claims against the said
buildings or any of them, and agree that this instrument, waiving
the right of lien, shall be an independent covenant.
WITNESS our hands and seals the day and year first above
written.
SIGNED, SEALED AND DELIVERED McCOY BROTHERS, Inc.
PRESENC
:By: Y
CUMBERLAND GOL CLUB, INC.
/? °By°
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the a? r t lay of , 1999, before me a Notary
Public, the undersigned officer, personally appeared ??//
L- s who acknowledged himself to be thJ11resident of
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McCoy Brothers, Inc. and that he as such President being authorized to do so,
executed the foregoing Instrument for the purposes therein contained by signing
the name of the said Corporation by himself as such President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : SS
On this, the a57h day of QR's`e 1991, before me a Notary
Public, the undersigned officer, personally appeared
%6fA6 who acknowledged himself to be the President of
Cumberland Golf Club, Inc. and that he as such President being authorized to
do so, executed the foregoing Instrument for the purposes therein contained by
signing the name of the said Corporation by himself as such President.
IN WITNESS WHEREOF, I hereunto set my hand and official s I.
`y11• •Qir-G
Not Seal
Joan M. Vandetanbotds. Notary Public
South Middleton T*? Cumberland Cour"
r1y Commission Erplres Nov. 29.7999
Exhibit A
ALL the following described tracts of land with the
improvements thereon erected situate in Cumberland County,
Pennsylvania:
TRACT NO. 1: ALL That certain tract of land situate partly
in West Pennsboro Township and partly in Dickinson Township,
Cumberland County, Pennsylvania bounded and described as
follows:
BEGINNING at stones, corner of lands formerly of John Allen
and George Line's Heirs, now of C.H. Line, et ux; thence by
said lands and Township Road No. 447 and lands of J. Dale
Jardine, et ux, North 70 H degrees East 116 perches to
stones; thence by lands now or formerly of Martin Carothers
and John A. Line, now of J. Dale Jardine, et ux, and Paul E.
Motter, et ux, South S1 X degrees East, 77.5 perches to
stones; thence by lands formerly of John N. Mourer's Heirs,
now of Paul E. Motter, et ux, Carl L. Shenk, et ux, and
Charles C. Bowen, et ux, south 34 and R degrees East, 104.5
perches to a point; thence by lands formerly of William
Alexander's Heirs and Frank Myers, now of Robert R. Line,
Jr., et ux, and Mrs. Samuel G. Wetzel, South 49 degrees West
99.3 perches to a black oak tree; thence by lands formerly
of John Allen, now of John B. Wagner, et ux, North 41 X
degrees West, 222 perches to stones, the Place of BEGINNING.
Containing 141 acres and 114 perches, neat measure.
LESS, HOWEVER, the following described tracts of land
conveyed by Wilmer F. Snyder and Myrtle P. Snyder, his wife,
as follows:
(1) Deed to Cleadeth V. Snyder and Hilda A. Snyder,
his wife, dated January 4, 1947 and recorded in
Cumberland County Recorder's Office in Deed Book
L, Volume 13, Page 151.
(2) Deed to Cleadeth V. Snyder and Hilda A. Snyder,
his wife, dated July 16, 1955 and recorded in the
Cumberland County Recorder's Office in Deed Book
0, Volume 16, Page 556 (see Tract No. 2 herein.)
(3) Deed to George J. Vaughn and Anna L. Vaughn, his
wife, dated October 31, 1955 and recorded in the
Cumberland County Recorder's Office in Deed Book
U, Volume 16, Page 432.
EXCEPTING AND RESERVING therefrom, however, the following
described tract of land situate in Dickinson Township,
Cumberland County, Pennsylvania, which is being retained by
Lloyd J. Markle and Ruth N. Markle, his wife, the Grantors
herein, as surveyed by Tom O. Bietsch, R.S., on March 20,
1969:
BEGINNING at a nail in the center line of Leg. Rt. No.
21034, at corner of lands of Mrs. Samuel G. Wetzel, thence
by same south 55 degrees West 240 feet to a stake; thence by
lands of Lloyd J. Markle, et ux, about to be conveyed to
Cumberland Golf Club, Inc., North 27 X degrees West 240 feet
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND AUCtr, to un ,nc ru.a..... a.u
to a stake; thence by same North 55 degrees East 240 feet
through a stake to a point in the center line of the
aforesaid public road South 27 X degrees 240 feet to a
nail, the place of BEGINNING.
TRACT NO. 2: ALL that certain tract of land situate in West
Pennsboro Township, Cumberland County, Pennsylvania, bounded
and described as follows:
BEGINNING at a point in the center line of the road leading
to Plainfield, Legislative Route No. 21035, at the corner of
other land of Lloyd J. Markle and Ruth N. Markle, his wife,
about to be conveyed to Cumberland Golf Club, Inc., thence
along said land South 58 degrees 42 minutes West 355 feet
to a point; thence by the same North 45 degrees 38 minutes
West 267 feet to a point; thence by the same North 58
degrees 22 minutes East 30 feet to a point on the line of
land of George J. Vaughn and Anna L. Vaughn, his wife;
thence by said latter land in a Southeastwardly direction 65
feet to a point; thence by the same in an Eastwardly
direction 300 feet to a point in the center line of the
aforesaid public road; thence by the center line of said
public road South 50 degrees 30 minutes East 234 feet to a
point, the Place of BEGINNING. CONTAINING approximately
1.77 acres.
BEING the
Markle, hiswifeby premises Deed which dated Lloyd
a
28, 1969, whichh Deed
is recorded in the Office of the Recorder of Deeds in and
for Cumberland County in Deed Book 23-D, Page 611, granted
and conveyed to Cumberland Golf Club, Inc., Borrower herein.
TRACT NO. 3: BEGINNING at an iron pin on the northern side
of U.S. Route 11; thence by land now or formerly of Wilmer
f. Snyder, North 23 degrees 30 minutes West 109.5 feet to an
iron pin; thence by the same North 68 degrees 181.4 feet to
a pipe on the side of L.R. 21034; thence along said Road,
South 8 degrees 9 minutes East 107.3 feet more or less to a
point on the northern side of U.S. Route 11; thence along
the northern side of U.S. Route 11, South 66 degrees 30
minutes West 204.3 feet more or less to the Place of
BEGINNING.
BEING the same premises which David H. Hackett and Jeanette
D. Hackett, his wife, by Deed dated September 30, 1974,
which Deed is recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Deed Book 25-U, page
801, granted and conveyed to Cumberland Golf Club, Inc.,
Borrower herein.
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