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HomeMy WebLinkAbout95-06788 t-' S c u 5 r of11 Jfd fYI e"S - (thAflO fJ. ~ H fA rh~ ~/ . :w ( L..13 .0,--,," L. PIe /-1 L . ":II(/~) . v7 8'8' /11I.l) STIPULATION AGAINST LIENS THIS AGREEMENT made this 28th day of November, 1995, by and between D'S CUSTOM HOMBS, a Pennsylvania General partnership, consisting of RICHARD D. SHUGHART and WILBBRT L. DIBHL, both of CUmberland County, Pennsylvania hereinafter referred to as contractor, AND MICHAEL M, WILLIS and ROSE E. WILLIS, husband and wife, of Carlisle, Cumberland county, Pennsylvania, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a home on those certain lots of ground situate in South Middleton Township, Cumberland county, Pennsylvania, more particularly described in the Attached Legal Description, which is Exhibit "A" NOW THEREFORE, THIS AGREEMENT WITNESSETH That the said contractor, for and in consideration of the sum of One ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and of the said buildings on the lot above described, and the said contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this 28th day of November, 1995. Signed, Sealed and Delivered in the Presence of D & S \ ? <..t(_"I.,?,o _..-(.P (SEAL) wilbert L. Diehl, Partner -,-,... w.,,',.., _;it' ....r,;,.,;:.'#iii,~Mffl?:.$"o~~' ';,;,"'~~,". ~~ ~ u.- S :=;:. f ..... 11. en >, .. - ~r~ .- = ..~ 8 ~.~' :~., r<' ,,=< UrO;; <n L:~:'~ ':r' rn N ~r:..~:.1 0 .... = , ('., .; >~ '.f:l C'7> .,:)~_jlJ' n.I hIt, a;:P': II} = _I. LUJ!: 1l 11 ... "":(11'"'" m ~ "1':a.. ~ ~ ,j "'" C> ~;~ =<:: '-..I \ \ \ ! r..' ;';' ."., ..... .' . . r" ')" ''''CCI''~' [\ 0;' ~..:.," I"~ .. .... . -I '-"_'" J1" ;'1' ~t,i~ '1., , ,.." ",' ,., I . ~.. ."..... . l..I '9S HO,t:ill RI'l 10 25 Tn Parcel No. 40-09-0533-036 THIS DEED made the 3d1Aday of !i/t!" e/)l t"r , 1995, Between William P. Shartle and Darren A. Shartle, Husband and Wife, of 3114 Schoolhouse Lane, Harrisburg, Pellluylvanla, ',ereln designated as the Grantor,' AND Michael M. WIII/s and Rose E. WIII/s, Hushand and Wife, of Cumberland County, Pelll,sylvanla, herein designated as the Grantee; WITNESS, that the Grantors, for and In consideration of Forty One Thousand Nine Hundred Dollars (141,900.00) and No Cents 00/100, lawful money of the United States of America, to the Grantors In hand well and truly paid by the Grantee, at or before the seal/ng and del/very of these presents, the receipt whereof Is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN trad or lot of land, together with the improvements erected thereon, situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50,00 foot wide right.of-way, which said point is more particularly located at the intersection of the westerly right-of-way line of Derbyshire Drive and the dividing line between Lots Nos, 59 and 60 on the Plan of Lots known as "Final Plan for Mayapple Village. Derbyshire Lots 40-73"; THENCE from said point of beginning along the dividing line between Lots Nos, 59 and 60, South 25 degrees 05 minutes 48 seconds West. a distance of 177.73 feet to a concrete monument on the easterly property line of other lands of Mayapple Village; THENCE from said point along the easterly property line of other lands of Mayapple Village, North 41 degrees 09 minutes 38 seconds West, a distance of 154,14 feet to a concrete monument on the dividing line between Lots Nos. 60 and 61 on the aforesaid Plan of Lots; THENCE from said point along the diving line between Lots Nos, 60 and 61 North 42 degrees 51 minutes 02 seconds East, a distance of 137.71 feet to an iron pin on the esterly right-of-way line of Derbyshire Drive; THENCE from said point in a southeasterly direction along the westerly right.of-way line of Derbyshire Drive on a curve to the left having a radius of 325,00 feet, an arc distance of 100,70 feet to an iron pin, the place of BEGINNING. .~t":'~:!-r,'i1":". h" '';-'''''''"'--- U"t <:r> - ,. ..a:>" .... ~- i",-' h,,~ :';:1' c.;. ..,:',7'" ;';:~!l";~ w..... ,'. ,'p C':Ior"';"~ ~ ~.~t:~ ~j ;::: u:P :_, 'dZ .'~ ;; ~1)l&J ".1:11. ~=> ..,'" ~ .... ...., = = ,..., >- CO = BEING Lot No, 60 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire Lots 40-7]," prepared by Statler-Brehm, En8ineering and Plannning Consultants, dated Januaary 26, 1989, and recorded in the Ofice of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book S8, Page 68, UNDER AND SUBJECr to building setbacks as set forth on the above mentioned plan, being a ]0 feet front setback line, a 40 feet rear setback line, and 10 feet side setback line, ALSO UNDER AND SUBJECf to the restrictions as more particularly set forth in the Declaration of Covenants and Restrictions dated June 16, 1989. made by S]9 Development Company, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on June 16, 1989, in Mise, Book ]65, page 566, and to all other restrictions, reservations, setback lines and right-of-way of record, BEING the same property which Craig E, Dallmeyer,by William A, Duncan Attorney in Fact by Deed dated September 29, 199] and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "0", Volume ]6, Page ]23, granted and conveyed unto William p, Shartle , grantor herein, AND Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise' appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances, To have and to hold all and singular the premises herein described together with the hereditament and appurtenances unto the Grantee and to Grantee's proper use and benefit forever, AND the Grantors covenant that, except as may be herein set forth, they do and will specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same, In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require, Whenever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation, ""...,,"..i':c"..#--" &.n !;"> >, ,C'" ~ -.f- ~ I...~. ~ ", C. _,J"~ ~" 4: r ~~;: ~ ~I~~a';: 6(. .-::~ ::::--{; :- :.il!~'..c .lolJ ...... 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