The URL can be used to link to this page

Home My WebLink About02-3427STIPULATION AGAINST LIENS THIS AGREEMENT made the 3 ¢& day of "~ ~( t~ , 2002, by and between KENNETH J. GRUVER (hereinafter referred to as 'vC-'D'Nff-RACTOR"), and PATRICK E. OTT (hereinafter referred to as "OWNER"). The parties have entered into an agreement (herein "AGREEMENT") whereby the CONTRACTOR undertook and agreed to erect and construct a dwelling house on that certain lot of ground owned by OWNER and situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described in Deed dated February 14, 2002, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on April 24, 2002, in Deed Book 250, Page 2555, which is incorporated herein by reference, and which is simultaneously here with being deeded to OWNER. NOW THEREFORE, THIS AGREEMENT WlTNESSETH: That the CONTRACTOR, for and in consideration of the sum of(S1.00) Dollar to CONTRACTOR in hand paid by OWNER, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the Agreement between the parties, for CONTRACTOR and CONTRACTOWS 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 CONTRACTOR or any of them against the buildings and the lot of ground appurtenant thereto (as referred to above) for or on account of any work done or materials furnished by CONTRACTOR or any of them under the Agreement or otherwise, for, towards, in, or about the erection and construction of the building(s) on the lot above described, and the CONTRACTOR, for CONTRACTOR, all 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 buildings or lot (or any of them), and agree that this instrument, waiving the right of lien, shall be an independent covenant. ~ WJTNESS our hands and seals and or the duly authorized execution this _ '3.,,/t ,,~ ,2002. Witness or Attest: ?gJ~day of KENNETH J. GRUVER, CONTRACTOR PATRICK E. OTT, OWNER THIS DI~ED BETWEEN ,2002, Tax Parcel Part of 39-013-1 PATRICK E. OTT, a single individual ~ TRACY S. OTT, single individual (formerly husband and wife) of 116 Gilbert Road, Shippensborg PA 17257, "GRANTORS", AND PATRICK E. OTT, a single individual, of 116 Gilbea't Road, Shippensburg, PA 17257, WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt wha, eofis hereby acknowledged, the said ~ORS does hereby grant and convey in fee simple to said GRANTEE, ALL THAT CERTAIN tract of land situate in the Township of Southampton, County of Cun3berland and State of Pcnneylvania, desigrmted as Lot No. "2" as shown on Sltbdivision Plan entitled "Land Subdivision for Patrick E. Ott" prepared by Carl D. Bal & Associates, Professional Land Surveyors, dated Decemb¢t 29, 2000, which plma has been approved by the appropriat~ municipal authorities as a final Subdivision Plan, and which is recorded in the Offic~ of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 82, Page 143, and is bounded and descn'bed as follows: BEGINNING at a corn~ of land now or formerly of Robert A, Decker and land now or formerly of Lynn H. Delaney at an exisling iron pin North 5 dcgre~ 28 minutes 27 seconds East 391.00 feet to an iron pin a common comer of Lot No. 2 and Lot No; 1; thence along common boundmy line of LOt No. 2 ~nd Lot No. 1 South 86 degr~s 57 minutes 3 s~conds Easl 334.45 feet to an iron pin at comer of Lot No. 2 and Lol No. I; thence along line of Privat~ Road Right of Way South I do40'ee 37 minutes 26 s~conds East 206.29 feet to an iron pin;. thence continuing along same South 10 degr~ 57 minutes 53 s~conds East 208.99 feet W an iron pin at coramon comer of land now or fonnefly ofRobert A. Decker and Lot No. 2; th~m~ 251 , i?-i8i6 2,50 continuing along land now or formerly of Robert A. Decker North 84 degrees 31 minutes 33 seconds West 418.78 f~-t w ~hc point and phce of BEGINNIG. Cont 'amlu~ more or less 3.36689 acres, in accordance with the above refuted to Subdivision Plan. UN-DER and SUBJECT to the Declaration of Easement concerning the private road Right-of- Way which is dated February 5, 2002 a~d is recorded in the Office of the Recorder of Dcods in and for Cumberland County, pennsylvania, in Miscellaneous Book/~___ Page UNDER and SUBIECT to building set back lines, dedicated right of way lines, public righi of way and other notations and conditions as shown on the above referred to Subdivision Plan (including those conce~ing thc private road Right of Way). Included within thc above described Lot lqo. 2 is the private road Right of Way which is desk-ibrd on Exhibit. "A" attached her~,o. AND WIFE AND THEREFORE IS THIS CONVEYANCE IS BETWEEN HUSBAND EXEMPT FROM REALTY TRANSFER TAX AND TH]E OBLIGATION TO FILE A STATEMENT OF VALUE ACCORDING TO pBNNSYI.VANIA REALTY TRANSFER TAX ACT BEING a part of the same premises' conveyed by Patrick E. Oft by his altomey-in'fach. dated luly 30, 1997, and recorded in the Tracy S. Oit, and joined by bis wife Tracy S- Oft, bY deed pannsylvania, in Deed Book "162", Office of the Recorder of Deeds of Cumberland County, Page 225, unto Palrick E. OR and Tracy S. Ott the Grantors herein. AND, the said GRANTORS hereby warrant specially the property her~in conveyed. IN WITNESS WHEREOF, the said GRANTORS does hereby sot their hands and seals the da), and y~ar first above writte~ PATRICK E. OTT TRACY $. OTT 2 Exhibit "A" Legal Description of Private Road Right of Way BEGINNING at centerline of Gilbert Road (S.R. 3002) at an existing railroad spike North 3 degrees 55 minutes 10 seconds East 305.92 feet to an iron pin at common comer of land now or formerly ofRobert A. Decker and Lot No. 2; thence continuing along Lot No. 2 North 10 degrees 57 minute~ 53 seconds West 208.99 feet to an iron pin; thence continu/ng along same North I degree 37 minutes 26 seconds West 206.29 feet to an iron pin at comer of Lot No. 2 and ~; thence continuing through Lot No. 1 North 6 degrees 44 minutes 26 seconds'West 352.52 feet to a point ~ thence along a curve to the right having a radius 60.00 feet a chord bearing South 53 , degrees 39 minutes, 6 seconds East an arc distance of 278.74 feet to a point at common boundary · l~ofLotNo<l and Lot No. 3; theece continuing through Lot No. I acurve to theleft having a radius of 15 00 feet and a chord bearing South 36 degrees 20 minutes 54 seconds West an arc distance of 27-.56 feet to a POint in Lot No. 1; thence through Lot No. 1 South 6 degrees 44 minutes 26 seconds East 279,92 feet to a point; thence continuing along sarae South i degrees 37 ~.i~nutes 26 seconds East 2.04..44 feet to a point at Lot No. 1 and land now or form~ly of Charles · Laughrnen; thence continuing along same South 10 degrees 57 minutes 53 seconds East 211.43 feet to a point in line of Lot No. 1; thence continuing along same South 3 dcgees 55 minutes 12 seconds West 293.62 feet to an existing railroad spike at centerllnc of Gilbert Road ($.R. 3002); thence continuing along Gilbert Road (S.R. 5002) South 73 degrees 15 minutes 55 seconds West 53.43 feet to the point and place of BEGINNINO. ~-K~-'~g 1~:$1 P~Un-£ULLI~hM-UAVlb FHUP Y17-b30-bZZZ T-635 P05/~6 U-370 COMMONWEALTH OF PENNSYLVANIA: officer, p~on~ly app~ PAT~CK E. O~ ~d T~CY S. O~, ~ to me (or s~sf~y pwv~) W be ~e ~m whose n~ ~ ~bsm%~ to ~e ~ im~mt, ~ ac~owl~g~ ~e fo~goMg d~ to be &dr act ~d ~ md d~ ~ sm~ W be r~rd~ m ESS my hand and official seal the day and year first above written. ~..mi~,~j~__._ /ShiPt~..,M:q~ eom..cu~.*r~r~ C~unlv I do here, by certify that the precise_resid~¢e and complct~ post office address of the wiuhin ~-'~ -' t'$' / ' At~omcy for ~ COMMONWEALTH OF PENNSYLVANIA: . COUNTY OF CUMBERLAND : I Certify this to be recorded RECORDED on ~sCu. l.,p,~¥l~ A.D.2002, in thc P~cordc~$ of said County, in Deed o ':', '" Oiven under my ~ oflh¢ said office, da¢ date above written, cia---cz rv,r~ ? ~ Recorder of Deeds ~o , o, x, Hamil um C. Davis. E~q. POBox40 Shipp~asb~ t'A ]725? (?l 7} $32-fi713 3 COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF CUMBERLAND : Onthisthe l?q'J'dayof ~',"'/,' / officer, personally appeared PATRICK E. OTT . , 2002, befog me. the undersigaed and TRACY S. oT'r, known to me (or saisfactofily provca) to be the persons whose names are subscribed to the within instrumenL and acknowledged the foregoing deed to be their act and deed arid desired the same to be r~ordad as such. WITNESS my hand and Official seal the day and year first above wriue~. a~,eml~or, Pe~Sy~'a~ Asso~,~o~ ~ ~ I do hereby certify that the precise residence and complete post office address of the within named GRANTEE is: ~ff~ ~ .~tt~mc~ fo{'~" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : RECORDED on this In Cumbeiland County PA, ofsaidCouniy, in Deed Book Vol. ,Page__. - .~' .. Oivcn under my hand and said office, the date above writtea. ~ Recorder cfD_':cds H~fltan C D~vi% E~. P OBc×40 Shipp~.e~r~, PA 172~7 (717) 532-5713 this to be reel.fiji%2, in tho R~cord~s Office