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HomeMy WebLinkAbout95-04138 ~ tI '//31 ..../99'P ... , . .. ..1 i , ., I.; <: :\....~~ '\w~lkltl.l\l:U'ol\br~m'Q''', r.llp STIPULATION AGAINST LIENS I( fi';" 4 IJ~' Itl L 0 THIS AGREEMENT made the 2 I" _ day of J l.( Iy , 1995, by and between ESH'S CONSTRUCTION, hereinafter referred to as Contractor, and STEPHEN J. BRYMESSER and CAROLYN J. BRYMESSER, husband and wife, hereinafter referred to as Owner, whereby the former undertakes and agrees to erect and construct a single family dwelling on: ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Ray J. Hoover Estate prepared by Larry V. Neidlinger, Registered Professional Land Surveyor, as revised December 18, 1991, a copy of which is recorded in the hereinafter named Recorder's Office, in Plan Book 64, Page 16, as follows: . BEGINNING at a point in the original centerline of 33 feet wide Township Road T.518 known as Petersburg Road at corner of land now or formerly of Arthur W. Martin and at corner of land now "', formerly of George B. Snook: thence along said original centerline of 33 feet side Petersburg Road which is the dividing line between Lots Nos. 1 and 2 on said Final Subdivision Plan, North 13 degrees 01 minute 21 seconds East a distance of 397.15 feet to a point at corner of land now or formerly of Arnold W. Hagen: thence along line of said land now or formerly of Arnold W. Hagen, South 76 degrees 00 minutes East a distance of 834.27 feet to a'l existing post in line of land now or formerly of Eugene F, Heyman: thence along line of said land now or formerly of Eugene F. Heyman, South 19 degrees 42 minutes 19 seconds West a distance of 399.07 feet to an existing post at corner of said land now or formerly of George B. Snook; thence along line of said land now or formerly of George B. Snook, North 76 degrees 00 minutes West a distance of 787.82 feet to a point in the original centerline of 33 feet wide Petersburg Road at the Place of BEGINNING. SO MUCH of the above. described tract of land which lies within 25 feet of the original cClnterline of 33 feet wide Township Road T .518 known as Petersburg Road has been dedicated as a portion of the right-of-way of said road, THE ABOVE described tract of land is all of Lot No. 2 as shown on said Final Subdivision Plan for Ray J, Hoover Estate and contains an area of 7.1656 acres exclusive of the dedicated right. of-way of Petersburg Road, and has thereon erected a frame barn. THE ABOVE described tract of land as well as Lot No. 1 as shown on said Plan of Lots, which Lot No, 1 is improved with a dwelling house known as 752 Petersburg Road. is conveyed under and subject to the following building and use restriction which shall be binding on the within Grantees, their heirs and assigns. and with which the within Grantees by ttle acceptance of this Deed agree to comply: , <;: \ wp!!l , \ '^ plJutu 1<.: I.Irol\ br ~ nlll tJ !>tlt .l',llp 1. Any mobile home or similar structure erected on the above-described premises shall be removed by January 1, 1997, and thereafter no mobile home or similar structure shall be placed or maintained on said tract of land for any purpose whatsoever, nor on said Lot NO.1 known as 752 Petersburg Road. BEING the same property which Mary E. Gensler, Executrix of the Last Will and Testament of Ray J. Hoover, by her Deed dated March 5. 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "N", Volume 35, Page 1122, granted and conveyed unto Stephen J. Brymesser and Carolyn J. Brymesser, husband and wife. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and In consideration of the sum of One ($1 .00) Dollar to them in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims 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 themselves, 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 this J~'c~ day of -Sv-i~ r , 1995. Anest: ESH'S CONSTRUCTION By: m~~J cR e-c- , MICHAEL A. ESH, Owner W~ness: _.~iJfJ,)r. -~ I r L 1,- l'-,~' ~ ,-- ) ~Iu,~ <--) f5,..~?--- S EPHE~J.BR MESSER /.) )' , ,. .. " ) L-:J L"' L~~/' VU/.rJu",,'..;U CAROL N J. BRVMdsER ( Ss h ---1/f.'Y(;( " _. ~ ~;:~ I.> ~ . t-- r"') ~ ~J ...., . ~ 0:.1 .n w ..... .::..~ .w '.1 d ". - u:> ...... " \) ~ I.' ....-._._ .'