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HomeMy WebLinkAbout06-2844 ~ .. .,. . A STIPULATION AGAINST LIENS DAVID E. TODD AND JENNIFER L. TODD, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NUMBER tJL -2f4'1 mli) TERM, 2006 JIM MILLER CUSTOM BUILDER, INC., Contractor WHEREAS, DAVID E. TODD AND JENNIFER L. TODD, of Camp Hill, Pennsylvania, the Owner, contemporaneously herewith has executed or is about to execute a contract with JIM MILLER CUSTOM BUILDER, INC., of Dillsburg, York County, Pennsylvania, the Contractor, for the construction of a dwelling house, and related structures or improvements, upon that certain land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this to day of May, 2006 at the time of and immediately before the execution of the said principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on, or to furnish or purchase materials for the aforesaid buildings or construction, in consideration of the making of said contract with said Contractor and the further consideration of One Dollar to said Contractor paid by said Owner, it is agreed that no liens or claims shall be filed or made against said buildings and/or land, or any part, piece, parcel or lot thereof, by said Contractor, or any sub-contractor, or by any materialmen, workmen or other persons for or on account ~l.c02L . . r of any labor provided or materials furnished or purchased, or any extra labor or materials provided, furnished or purchased for said buildings or construction, hereby expressly waiving any and all rights to file or make such liens and claims. AND, in furtherance hereof, the said Contractor does hereby represent and warrant that as of the time of the execution hereof, neither said Contractor, nor any sub-contractors, materialmen, workmen or any other persons have commenced any work on, or furnished or purchased any materials for the aforesaid buildings or construction. IN WITNESS WHEREOF, the said Owner and Contractor, each intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. WITNESS: OWNER: ~~ ^ ~~~-IOd&J Jennifer L. Todd CONTRACTOR: ~/ , INC. :189040 2i I.- 'I. .... EXHIBIT "A" ALL THAT CERTAIN consolidated lot of ground situate in Hampden Township, Cumberland County, Pennsylvania, separately bounded and described as follows, to wit: PARCEL NO. I (COMPRISED OF TWO (2) CONSOLIDATED TRACTS) Tract No.3 BEGINNING at a point in the center of the public road leading northward from Orr's Bridge at a line of intersection of property formerly of Sylvia Shuler, now or late of James M. Chamberlin; thence south 71 degrees IS minutes west 202 feet, more or less, to the easterly bank of the Conodoguinet Creek; thence by the same northwardly SO feet, more or less, to a line of property formerly ofW.A. Holtz, now or formerly of James M. Chamberlin; thence along the same north 71 degrees east 202 feet, more or less, to a point in the center line of the aforesaid road; thence by the same south 19 degrees east 50.3 feet, more or less, to the point or place of BEGINNING. THERE is reserved, however, a driveway 30 feet in width along the eastern edge ofthis property. Tract No.4 BEGINNING at a pin in the center of the public road leading from Orr's Bridge to Good Hope, said pin being 1290.5 feet southward from an iron pin in the center of said public road and line of lands now or formerly ofM.C. Dietz Estate; thence south 71 degrees IS minutes west 202 feet to a point at the Conodoguinet Creek; thence northward along the Conodoguinet Creek SO feet to a point; thence north 71 degrees IS minutes east 202 feet to a pin in the center of the public road leading from Orr's Bridge to Good Hope; thence along the center line of said public road south 19 degrees east 50.3 feet to a pin in the center of said public road, the place of BEGINNING. BEING Tracts 3 and 4 granted and conveyed unto David E. Todd and Jennifer L. Todd by deed of Sharman E. Smeltz, nlkJa Sharman E. Liddick and Paul H. Liddick, husband and wife, dated June 27, 1997 and recorded in Cumberland County Recorder of Deeds Office in Deed Book 207, page 810, and consolidated into a single lot (New Lot No.2) by a Declaration of Consolidation of Previously Subdivided Lots, daled November 2, 2005 by David E. Todd and Jennifer L. Todd and recorded in Cumberland County Recorder of Deeds Office in record book 722, page 2096. PARCEL NO.2 BEGINNING at a point in the centerline ofthe public road leading from Orr's Bridge to Good Hope at the northerly line oflands now or late of Edward D. Meadows and wife; thence by Meadows land South 71 degrees IS minutes West 189.68 feet to a point on the easterly line ofthe Conodoguinet Creek; thence northwardly along Conodoguinet Creek 76.85 feet to a point; thence by land now or late of James Chamberlin North 71 degrees 15 minules East 189.34 feet to a spike in lhe cenler of the public road aforesaid; thence along said centerline South 19 degrees East 75 feet to the place of BEGINNING. EXCEPTING, however, a driveway 30 feet in width along the low water mark of the Conodoguinet Creek for ingress and egress of all the lot owners, their heirs, executors, administrators or assigns of a certain tract of land conveyed to Caleb S. Brinton, by deed of Simon Dietz and wife, dated May 25,1925 and recorded in the Recorder's Office in Deed Book 10-B, page 341; said 30 foot wide driveway along the Conodoguinet Creek shall extend from the M.C. Dietz Estate line to Orr's Bridge. SUBJECT to the reservation that no building, or parts of buildings, shall be erected on said lot of ground eastward of the said 30 foot wide driveway within 45 feet of the inner or eastern side of said driveway. BEING the same premises which Nancy J. Sproch, by deed dated January 30, 2006 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 273, page 278, granted and conveyed unto David E. Todd and Jennifer L. Todd. WITH said Parcels Numbers I and 2 being the same premises which were consolidated into a single, undivided lot by Declaration of Consolidation of Previously Subdivided Lots given by David E. Todd and Jennifer L. Todd and recorded in the Cumberland County Recorder of Deeds Office in Misc. Book 725, page 2452. :188657 :x:J II:. ~ "'0 -- (::l ~ 'l) -2 9.J l/1 -..() J.Cl. - lrt o () ~ f ill f ~ r <2 ;;z: -00: (9(,.\ '~~\.:. ~ft -pc;, '2;";\ /. -, ~ ~~ - m, cP 3"" .~... ...'(\ (2/ -~~ g ~ ~ vJ ~ '.? ~ ~ ~ '-"" -::::. .'