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HomeMy WebLinkAbout95-00928 Stipulations Against Liens Owner In the Court of Common Pleas, County of Cumberland, Pennsylvania /) Number 9!J, 9;;>q fY/;- Term, 19_ DANIEL G. GUTSHALL and KIMBERLY S. GUTSHALL vs. BENDER BUILT CONSTRUCTION Contractor Whereas, DANIEL G. GUTSHALL and KIMBERLY S. GUTSHALL of 133 Garland Drive, Carlisle, PA 170l3, is about to execute contemporaneously herewith, a contract, with BENDER BUILT CONSTRUCTION of Shippensburg, Pennsylvania, for the erection of a two story Cape Cod building upon a lot of land situate in Mt. Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ALL THAT CERTAIN tract of land situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin which marks the common point of adjoinder of Lots #12, #16, and #l7 on the hereinafter mentioned plan of subdivision (said pin being located for reference purposes only, North eighty-three (83) degrees thirty-five (35) minutes twenty-eight (28) seconds West, a distance of two hundred ninety-seven and five hundredths (297.05) feet from a concrete monument which is located South eighty-nine (89) degrees thirty- nine (39) minutes twenty-four (24) seconds West, a distance of four hundred seventy-eight and twelve (478.12) feet from an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road at its point of adjoinder of Lots #10 and #16 on the hereinafter mentioned plan; THENCE, extending along Lot #16 the following three courses and distances: (l) North eighty-three (83) degrees thirty-five (35) minutes twenty-eight (28) seconds West, for a distance of one hundred fifty and no hundredths (150.00) feet to an iron pin; thence (2) Sout~ six (6) degrees twenty-four (24) minutes thirty- two (32) seconds West, a distance of twenty-five and no hundredths (25.00) feet to a steel pin; thence (3) North eighty-three (63) degrees thirty-five (35) minutes twenty-eight (26) seconds West, for a distance of two hundred fifty-four and twenty-five hundredths (254.25) feet to an iron pin set at lands now or formerly of Harold Bixler; THENCE, extending along lands now or formerly of Harold Bixler, North seven (7) degrees forty-two (42) minutes twenty-three (23) seconds East, for a distance of five hundred twenty-one and sixty-seven hundredths (52l.67) feet to an iron pin set at Lot #14 on the hereinafter mentioned plan of subdivision; THENCE, south eighty-three (83) degrees thirty-five (35) minutes twenty-eight (26) seconds East, a distance of three hundred ninety-two and forty-four hundredths (392.44) feet to an iron pin set at Lot #12 on the hereinafter mentioned plan; THENCE, South six (6) degrees twenty-four (24) minutes thirty-two (32) seconds West, for a distance of four hundred ninety-six and fifty-three hundredths (496.53) feet to an iron pin set at Lot #16 on the hereinafter mentioned plan, said pin marking the place of BEGINNING. CONTAINING 4.663l acres, and being designated as Lot #17 on a final plan of subdivision of White Tail Meadows prepared by Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 63, at page 136. TOGETHER WITH THE RIGHT OF INGRESS, EGRESS AND REGRESS over and through a fifty (50) foot wide private right-of-way designated on the hereinbefore mentioned plan of subdivision as White Tail Drive, which provides access for the within described premises to Mt. view Road, a public road; subject however, to the terms of the Declaration of Easement found in Miscellaneous Book 446, at page 696. UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions for White Tail Meadows, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 4l2, at page 667, et seq. UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights of way noted on the Plan of subdivision. Now, this cJlAK day of February, 1995 at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said DANIEL G. GUTSHALL and KIMBERLY S. GUTSHALL of l33 Garland Drive, Carlisle, PA 17013 to the said BENDER BUILT CONSTRUCTION to