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HomeMy WebLinkAbout02-3882STIPULATION AGAINST LIENS The undersigned contractor, materialmen or other entity or person furnishing services, labor, equipment or materials, known as KINSLEY CONSTRUCTION, 1NC., a Pennsylvania corporation (the "Contractor"), intending to be legally bound, and in consideration of the sum of $4,479,542 and other, good and valuable consideration to it in hand paid by York- Adams Area Council Boy Scouts of America, hereinafter referred to as the "Owner", the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate described in Exhibit "A" attached hereto and made a part hereof, or against any buildings or other improvements thereon (jointly and severally, the "Real Estate'9, for or on account of any work to be done or materials furnished under the principal contract between the Owner and the Contractor, dated August 9, 2002 or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract, provided that the Owner is not in default of the contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate provided the owner is not in default of the payment terms under the contract. The Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who shall have filed a mechanics' lien, to cause such liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, working for or through the contractor. This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania, and is expressly contingent upon proper filing and indexing by Owner in accordance with requirements of that law. 1N WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the 12 day of August, 2002. ATTEST BY: ~a}y~a~ll~s~m e7 Jonathan R. Kin~ President & IZ oo /Z//', oo · l is nOefi't re, of our Lord one thousand nine hundred sixty (1960) in the year BETWEEN~_L~I J. REM and ELLA MAE REP~ his wife, of Newberry T~-~i~, ¥o~k ~¥Uhty, Per~iV~nia, G~NTORS, pa~tie~ of the first pa~t ................... AND Y0~A$~S A~ COU~CIL ~Y SC0~S 0F AMERICA, a non- bus,- ness at 309 East Market Street, ~o~k, Pe~sylvania, G~NT~, party ..................... of the second part, WITNE$SETH, that the said part ies of the first part, for and in consider- alien of the sum of One Thousand Eiqht Hundred ........................... ........................ ( $1,800. O0 ) ........................... Dollars, lawful mo~ey o/~he United States o/America unto them well and truly paid by the said part y of the second part, at and before the sealing and delivery of these presents, the reeeipi whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said part y of the second part, its Successors, and assigns, ALL that certain piece o2 tract oF mountain]and situate partly in the_T~q~.n~s~G%p p? Frank~%~ County o£ York and partly in the_County .pr Cumberlan~ State o£ Pennsylvania, bounded and described as Follows, to wit: BEGINNING at a stone; thence by the "Richwineu tract South ~2 degrees East lJ9 perches to a chestnut; North 28 degrees East 20 perches; North 81 degrees East 2~ perches; North 48 degrees East ~9 perches to a chestnut; North 3~ degrees West ~8 perches to a pine; North l0 degrees West 36 perches; thence by /ands late of Sbae$Fer and Keller South 62 degrees West ~2 perches; South l? degrees West ~0 perches; South 80 degrees West ~6 perches; South 33 degrees West ~9 perches; South ~ degrees West ~6 ~erchss; South ~4 degrees West ~? perches to a stone; South 28~ degrees West ~6 perches to a stone; South ~ degrees East 10~ perches to the place of BEGINNING. CONTAINING ~24 acres and 129 perches~ less 20 acres of the same Fo~ffaerly sold to a certain Ira Richter. BEING Tract No. 3 of the same premises which Eli Jo Rehm by his deed dated July , 19~6 and recorded in the Recorder o£ Deeds 0£fice in and For ~ork County, Pennsylvania, in Deed Book Page , granted and conveyed unto the Grantors herein. ...... Tho above described premises are conveyed subject to ali prior adverse conveyances of record and utility easements of record. EXHIBIT A TOGETHEB with all end si~gu!~zr the said property, improvement8, wcys, ~ters, wcter ~raes, ~k~, llher~, ~ges, h~edi~ ¢~ 'a~urte~nee~ w~socnsr tk~to b~ ~ging, or in any~e app~ining, and t~ reversio~ and remai~ers, ~en~, ~su~ and ~rofits ~reof, a~ ag the estate, ~ght, ~, inter~, p~erty, e~im a~ de--nd wha~o~er, of the sa~ p~t ~o s of the firsi ~art, in ~w, equity or other,s howsoever, oL in and to ~he same a~ eve~ ~ thereof, TO HAVE AND TO HOLE the said heredltam~ntz and premiss hereby granted or mentioned, and intended so to be, with the ap- and for the only proper use and behoof of the. said part y of the ~ecO~ ~, ~ ~S ~ceess~s a~ ~sig~ for~er. the sa/g part les of the first pc~rt, for themselves thei~ heirs, executors and administrators, do by these pre8~nts covenant, grant and agree to and with the said part y of the second part, its successors and assigns, that the sa/d part ies of the first part, and the iP heirs, all and singular the heredita- m~nis and premises herein above described and granted or mentioned, and intended so ~o be, with the appurtenances, unto the said party Of the second part, it s successors and assigns, against the said pattie s of the first part and the IP heirs, and assigns ali and every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof SPEC/A LLY shall and will warrant]and forever defend. IN WITNESS WHEREOF, the said part les of the first ~art have set theiP hand s and seal s. Da~ed the day and year first above written. R~esived the day of the date of the abo~e lnden~re of the above named York-Adams A~ea Council Boy Scouts of AmePioa the sum of DoIlars, lawfnl money of the United States, being the e(rnsideration money above mentioned in full. WITNESS: C~nty, p~a,rlvaah "REAL ESTATE TRAN~ TAX RESOLUTION~ INDIVIDUAL ACKNOWLEDGMENT State of Pennsylvania County of Yol~k the u~er~g~ed o~er, ~ers~y a~eared Eli J. Rehm and Ella Mae Re~, his wife, .... ~g~ ~ ,,~,' CORPORATION ACKNOWLEDGMENT S~te of County of ~ th~, the · ~y of , 19 , before me the u~er~gned officer, pers~Hy a~eared who ~dged h~elf to be the of eze~ted the foregoing i~m~t for the ~os~ th~ein e~i~d by Mgning the ~me of the In ~ess whereoL l her~nto set my ~ and o~c~l se~. Title of Officer. 0 1606 ::?IZ 2s2 H do kereby certify that the~reeise resid 19 ~~"-: ..... COMMONWEALT~ OF PENNSYLVANIA County of ..........:__._~ ......................................... RECORDED on tA~ ....... ~ ........... ~ ......... day of -.....~T~E~ .............. A. D. 19....~_~ in the Reeo~e~s o~ of the said County, in Deed Book Vol......~__.__, Pag~ ............ ~v~ u~d~ ~ ~ a~ the se~ of the sa~ o~e, the &re above w~tte~. tn enture, ~E THE ~/~ ~ of Ma~ch in ~ ~e ol o~r Lord o~ t~¢~d ~i~ ~ed a~d fo~ty-seven (1947). O~ YO~, P~NS~VAE~, BETWEEN DOGWOOD CAMPING CL~ a non-profl~ corpo~at~6n o~gan[zed and existing under ~d by vir~e of theft.cf the Sta~e of Pennsylvania, with its princ~l office in the C~ty of YOrk, York Co~ty, P~nsylvania, pa~ty of the f~Pst ~rt - -AND- YORK-ADAMS AREA COUNCIL, BOY SCOUTS (F AMERICA, a non-profit ce~poration organized and exist~ng under and by virtue of the laws of the State of Pennsylvania, with its principal office in the City of York, York County, Pennsyl~ania, party of the second part. WITNESSETH, ~ t~e s~d Dogwood Camping Club of York, Pennsylvania, ~r cnd ~ co~erat~n of the cum of Sixty-Three Hundred ($5,300.00) Dollars, thesaid York-Adams Area Council, Boy Scouts of A~r~ca, at a~ before ~e sea~ng a~ delive~ ~ ~ese pres~, the rec~pt where~ ~ hereby ac~wledge~ ~ a grante~ bargaine~ so~, ~fe~e~ tek.ed and confi~e~ and by ~e ~esen~ doo~ grah~ bargain, ~ie~ enfeoff, wele~e and confi~ un~ ~e ~aid York-Adam* Area Council, Boy ALL ~he following ~racts of l~d situate pa~ly ~n YranklZn Townahf a~d ~aP~ing~on T~ah~p, York Co~ty, Pe~mylvan~a, and partly in Sou~h Nlddleton Township, ~umb*rland Coun~y~ P*~sylv~ia, mo~e par~tc~arl~ bounded, limited and described as follow, ~o T~CT N0. 1 - Consis~tng of two ~ll p~cela, ~ a~-a pos~ and m~ones; ~henc~ by land formerly of H~wy D. Na~kl~y a~ J~ Sh~k, No~h f~y-nine and one-fourth (49~) de~ee~ f~een (14) ~ rch~a ~o a pom~ and m~oh*~; ~hene. Eou~h ~wen~y- nin~ (29) degree~ ~aS$, for~y and ntne-~en~hm (40.9) perc~s ~o s$one~; ~he~e North foamy-nine and one-forth (49~) degree~ fo~ and o~-~en~h (4.1) perch~s ~o ~ones; ~hence Sou~h ~wen~y-nin~ (29) dm~oe~ Eaa~, n~ne~y, fou~ and one-~en~h (94.1) perches ~o a po~ff~h~nc. North forty-nine and one-fourSh (49~) degreem Ea~ elgh~een~d one~$~n~h (18.1) p~rchea ~o ~on~s; ~hence by land formerly 0f David Diller, Sou~h ~wen~y-nin~ (29) degPees ~aa~, f~f~ foUr ~d el~-~en~hs (54.8) pePc~s ~o a po~ and ~onem, ~h~me landm f~me~ly o~ Na~kley and 8henk, Sou~h for~y-nine a~ fo~th (49~) degrees West, thi~ty-six and ~w~tenthS (56.2) perches to stones; and thence by l~ds formerly of ~el V. AH1, N~th twenty-nine (29) degrees West, one h~dred eighty-nine and seven- tenths (189.7) perches, more or less, to the place of begi~ing, conta[nlng twenty-six (26) acres and fou~ (4) parches; and the sec~d being bonded ~ the Wes~ by l~d formerly of Ahl B~others; on the ~st by the above described first t~act; on t~ North by la~s fo~e~ly of Peter G~vler, ~d on ~ South by la~s formerly of Geo. Myers ~d Frederick Mergent~ler and c~ta~ng twenty- ei~t (28) acres, more o~ less, and Is the same which the Sherlff of Y~k Co~ty sold as property of William T. Jobe to Micah Arnold & Son and entered ef record in Sheriff's Deed Book 2, page 11~, in the Off,ce of ~he Fro~h~otary of Yo~k Co~ty, a~ bei~ t~ same which A~old & Son conv~yed ~o Ab~am Hutterly, by deed dated December 29, 1898. Said ~wo ~cels of land being kn~n aa the Hutterly Tract containing fifty-four (54) acres and four (A) perche ~RACT NO. 2 - Being bounded on the North by land of WlIliam O. Brandt; on the West by the Ahl lands;' on the South by lands Of Levi Welty; on the ~st by 1Ands of Lev~ Welty, ~vlng been con- veyed by Benjamin G~vler, Executor of Benjamin G[vler, Sr., to Peter G[vler, by deed dated March 13, 1871, and recorded ~n Record BOok 9-R, ~ge 489. Berg known as the G[vlev Tract c~ta[n[ng twenty-t~ee (23) acres and one h~dred six (106) perches, mere or TRACT NO. 3 - BEGII~ING at stones on line of Daniel Dlller's land; thence by same North thirty (30) degrees West, twenty-five and nine-tenths (25.9) perches to a post on the County line; thence by said line, South forty-eight (48) de~rees West, one hundred and forty-six (146) perches to stones; thence by lands now or fohmerly of Ego's (Ahl's), South fifty-two (52) degrees East, twenty-six (26) perches to stones; thence by land now or formerly of Benjamin Glvler, Sr. , North forty-eight (48) degrees East, one hundred and thirty-five (135) perches to the Place cf BEGINNING. Being known as the Brandt Tract containing twenty-two (22) acres and forty-six (46) perches, more or less. TRACT NO. * - BEGINNING at a Stone; thence South five (8) degrees East, thirty-four and three-tenths (34.3) perches to stones; thence South fifty-five (SS) degrees West, sixteen (16) perches; thence North e.~ghty-twc and o~e-fou~th (82~) degrees East, tw~nty-six (28) perch~s, thence North thirty-four (34) degrees East, oM hundred fourteen (11,) perches to a stone; thence North forty-three and one.fourth (43~) degrees East, seventy-five (78) perches; thence North th~ty (~0) degrees West, forty-two (42) perches to a chest- nut; thence North sixty-one (61) degrees ~ast, two hundred and eighteen (21@~ perches to stones; thence North fifty-fcu~ and one- half ($4~) degrees West, one hundred ninety-five (198) perches to stones; thence South forty-five and one-half (45~) degrees West, Forty-six (*6) perches; thence South ten (10) degrees East, thirty- eight (38) perqhes to a pine; thence South thirty, five (35) degrees East forty-eight (48) perches to a chestnut; thence South forty- eight (48) degrees West, thirty'eight (;58) perches; thence South eighty-one (81~ degrees West, ~wenty, five (28) perches; thence South twenty-eight (28) degrees West, twenty (20)' perches to a chestnut; thence No~th fifty-two (52) degrees West, one hundred thirty-nine ~(139) per,has ~o the place cf BEGINNING. Being known as the AH1 or CoffeY Tract 6c~taining one hundred ninety-eight (198) acres and seventy-eight'(?8) i~ercHes,:~O~® ov less. TRACT NO. ~ - BEGINNING at a s$one at c~rner of lands formerly of John Pantz; thence by lands now or formerly of Frederick Asper~ Sou~h forty-eight (48) degrees West, forty-~ ix and eight-tenths (46.8) perches to a chestnut oak; thence by lands formerly of Ego, South fifty-two (52) degrees East, fifty (50) perches to a pine stump; thence by lands formerly of Hedges, 1/urth forty-eight (48) degrees East, thirtY-seven and five, tenths (37.5) perches tc stones; ~hence by land formerly Of John Pentz, North fOrty, one (41) degrees West, forty-nine and five-tenths (49.5) perches to the place of BEGINNING. Being known as the Hartman Tract containing twelve (12) acres and one hundred one (101) perches, more or less. The foregoing five tracts of land all situate in Franklin Township, York County, l~ennsylvania, being the same five tracts of land which Geo. K. Shearer, James J. Lc~an and Louise K. Logan, his wife, by their deed dated November 25, 1925, granted and conveyed' unto the DogWood Camping Club, which deed is recorded in the Recorder,s Office of York County, Pennsylvania,- in Record Book 23-F, page 205. TRACT NO. 6 - ALL the following described'tract of land situate in Bouth Mlddleton Township, Cumberland County, Pennsylvania, more Particularly described as follows, to wit: BEGINNING a~; a smalI Neck Oak by land formerly ~C Cary ~. Ahl & Co., now of James J. LO~an and Geo. K, Shearer, nbrth forty-seven and three-fourth (47 3/*) degrees East, thirty-Sevenand five-tenths (8~.5) perches to stones; thence by land now o~ formerl~ of Daniel Asper's heirs, North thirty-three (35) degrees West, eighty perches to stones; thence Nor~;~r sevent'y (?0) degrees East, forty- one (41) perches' to stones;, thence South ~htrt'y-three (35) degrees East, sixty-five (65) perches to s~onea; thence by land formerly of Cary ~. Ahl & Co., now James J. Logan and Geo. K. Shearer, fOrty-seven and three-fourth (47 3/4} degrees East, sixty and North nine- tenths (6019) perches to stones; thence by land formerly of William Keller, now the J. C. Lehman Estate, North thirty-one and one-half (31}) degrees West, one hundred two and seven-tenths (10B.7) perches to stones; thence by land now or formerly of Jacob Wise, South fifty-two (52) degrees West, seventy-two and three-tenths (?2.3) perches to stones; thence by land formerly of Philip Breckblll's heirs, South twenty-two and one-hail (22}) degrees East, eleven (11) perches; thence North seventy-nine and o~e-fourth (79}) degrees West, twenty-seven and fou~-tenths (27.4) perches; thence North twenty-eight (28) degrees West, thirty and three-tenths (30.3) perches; thence South sixty-nine and one-fourth (69}) degrees West, twenty-two and three-tenths (22.3) perches; t.hence North twenty- eight (28] degrees WeSt, s~xteen (16)perches, thence south fifty- two (52~ degrees West, fourteen and two-tenths (14.2) perches; thence North twenty-eight (28)degrees West, eleven (11) perches; thence South fifty-two (52) degrees West, fourteen and nine-tenths' (14.9) perches;- thence by land formerly of Samuel Myers and William Bertzel, now Dr. Eyers and Wesley Sheaffer, South thirty-three (33) de~rees East, one hundred ninety and nine-tenths (190.9) perches to the place of BEGINNING. It being the same tract of land which Earl H. DeWalt, by his deed dated September 2; 1926, granted and conveyed unto the DogWood Camping Club, whic~ deed isrecorded in the Recorder's Office of York County, Pennsylvania, in Record Book 10-D, page 198. TRACT NO. ? - AI~L that certain tract of land situate in Warrington Township, York County, Pennsylvania, more particularly described as follows, to wit: .BEGINNING at a stone; thence by lands now or formerly of Jesse Deardorff and Comfort heirs, North fourteen and one-half (14~) de- grees 'West, sixty-three and four-tenths (63.4) perches to stones; thence by land formerly of Geor ge Krone, South forty-eight and one- half (4S~) degrees West, twenty-six and nine-tenths (26.9) perches ~to stones; thence South f~fty-eight (38! degrees West, twenty-three and two-tenth~ (23.2) perches to stones, thence North twenty (20~ degrees West, twenty-nine and seven-tenths (29.?) perches to stones; thence by lands formerly of Abraham Ressor, South forty-seven and one-half (47~) degrees West, sixteen and one-tenth (18.1) perches ~o stones- thence by land formerly of Peter Trimmer and others, South one (1I degree 'West, forty-seven an~ four-tenths (4?.4) perches to a red oak; thence by land now or formerly of George Krone, North e~ghty-nine (89) degrees East, eighty-three and two-tenths (B~.2) perches to the place of BEGIIINING. It being the same tract of land which Fred W. Logan, Trustee, by his deed dated April 1, 1930, granted a~ conveyed unto the Dog- wood Camping Club, which deed is recorded in the Recorder's Office of York County, Pennsylvania, in Record Book 24-R, page 603. TOGETHERw/thaUaads/ngnlar the seven tracts o2 land, the ways, waters, wate~-e~ums~, ~/gA~, l~hert/es, the ~er~ ~ r~in~s, r~, ~s a~ ~ofi~ there&; a~ a~ the ~, ~ht, ti~, ~L p~er~, a~i~ and de--nd w~o~e~, o/ Do~obd Camp ~ Club of York Pennsyl van ~a, in law, equity, or otherwise howsoever, of, in and to the same and every part thereof, TO HAVE AND TO HOLD the said seven tracts of land, the hereditar~ents and pr~mi~es h~eby granted or mentioned and intended so to be, with the unto tRe said York-Adams Area Council, Boy Scouts o£ America,' its sucoessers aM assigns, to and for the only pro~er~e'andbeheofof~he~¢id York-Adams A~ea Council, Boy Scou~s A~d the ~id Dogwood Camping Club of Yo~k, Pen~ylvan~a, ~es by pres~, co~ant, grant and agree, ~ a~ wi~h the ~ York-Ada~ ~Area Council, Boy Scou~s of America, i~s successors a~ ~g~, t~t. l~ t~ sa~ Dogwood Camping Club of York, Pe~- sylvan~, ~ a~ the heredi~men~ and pr~ he~eln abo~e ~bed ~$ g~n~d ~ ~ a~d ~ so to be, ~th th~ appu~e~c~, unto the sa~ Yor~-Adams Area Cou~e~l~ Boy 'of A~r~ca, tts successors a~ as~g~, agai~t it t~ sa~ Dogwood Camping Club of York, Pennsylvan ~, and agai~t a~ a~ every corporat~ on, pers~ or perso~ w~ms~v~ ~w%~y c~iming ~r ~o e~im the same or any pa~ generally ~n~ a~ /or. er ~f~ This deed ~s made under and by virtue of a resolut~ unanimously adopted by all of the members of ~he Dogwood Camping Club at a meeting duly called for ~ha~ purpose, held 0c~ober 17, 19~6. IN W/qqq~SS WHEREOF, thesa/d Dogwoad Camping Club of York, Pennsyl- van ~ , ~as ~e~ this Inden~rs to be ~ned in its corporate nam~ by its President, and ka~ caused to be ~e~ her~nto t~ c~ ~ ~. potato ~ of the Sa~ co~o~tio~ attested ~ i~ Se~e~, ~he ~y and y~ fi~t able ~ Sevretary. On.th~, t~e ~ / ~ day of Ma~ch a No~a~ Public in a~ for sa~d State and County, ~he u~rsig~d 9~icer, ~s~y a~peareO Herbert E. De~w~le~ kno~ ~o me (or sa~isfa~t~ly proven) to be ghe person w~se who ac~owledged hi.elf to be the Pre~ tds~ of C!ub~ of Y~k. Pennsylvania, · a collation, a~ ~ he ~ ~ch PPesiden~ . beino autO,zed ~o do so. exerted the foregoing i~ment ~o~ the pu~oses ~herein c~tai~d by ~gnin~ ~he co~ora~ion by himself ~ Prediden~. JANUAR~ 7. 1951 CERTIFICAT~ OF RESIDENCE 809 ~st Market Street, March ~/~47. .. ; ....... State of ........ County of ......Io~k .............................................. RECORDED on this ......... .6__~.h___._ ........ day of ___~§_~._~ ............................... A. D. 19..~-_, in the R~corder's Office of said County, in Deed Book vol ........ ~'_w_~._.~_._, rag~_. ~?.!.~.....~.._ .....