HomeMy WebLinkAbout02-4489 STIPUL.4 TION.4 G.4INST LIENS
THIS AGREEMENT made the t S_day of September, 2002, by and between,
~{(~t/~ ~'~I~L~.A.~, of Pennsylvania, hereinafter referred to as Contractor,
AND
HALE.4. MCCULLOCH and L YNETTE M.. MCCULLOCH, husband and wife, of 233 Wildwood
Lane, Newville, Pennsylvania, hereinafter referred to as O~ner,
WHEREAS, the said Contractor undertook and agreed to make certain improvements to
Owner's propany located at 267 Wildwood Lane, Newvillc, Cumberland County, Pennsylvania,
mom fully described in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That thc said Contractor, for
and in consideration of thc sum of One Dollar ($1.00) to said Contractor in hand paid by Owner, the
receipt wharcofis hereby acknowledged, and the further consideration mentioned in thc agreement
aforesaid, for himself, and his subcontractors, and ail panics 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 improvements and the lot of ground appurtenant thereto for or on
account of any work done or materiais furnished by them or any of them nnder said contract or
otherwise, for, towards, in, or about the erection and construction of thc said improvements on thc
lot above described, and the said Contractor, for himself, his subcontractors and others nndcr him
hereby expressly waive and relinquish thc right to have, file, and maintain any mechanic's liens or
claims against thc said buildings or any of them, and agree that this instrument, waiving the right of
lien, shail bc an independent covenant.
WITNESS our hands and seais this ~ ~T~day of September, 2002.
Signed, Sealed and Delivered in
the Presence of
Contractor
Haie A. McCulloch, Owner
~tte M. McCulloch, Owner
SCHEDULE"A"
ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania,
according to survey entitled Minor Subdivision Plan for Jay W. McCulloch, prepared by Eric L.
Diffanbangh, P.L.S., dated May 8, 1998 and recorded in Cumberland County Plan Book 78, Page 3, being
bounded and described as follows, to wit:
BEGINNING at an existing railroad spike in the centerline of Wildwood Lane (an existing 33 foot right of
way), North 38 degrees 41 minutes 04 se4conds West a distance of 25.35 feet to an existing iron pin along
the dividing line between Lot No. 4 and lands now or formerly of Carl L. Laughman and Joan A.
Laughman; thence along said dividing line on a curve to the right, North 05 degrees 30 minutes 36 seconds
East with a radius of 25.00 feet an arc length of 40.68 feet to an iron pin set; thence continuing along said
dividing line North 41 degrees 45 minutes 06 seconds West a distance of 173.84 feet to an existing iron
pin; thence continuing South 51 degrees 31 minutes 13 seconds West a distance of 246.94 feet to an iron
pin set on said dividing line; thence continuing along said dividing line and through an existing iron pin,
South 45 degrees 54 minutes 00 seconds West a distance of 1,522.27 feet to an iron pin set on the dividing
line between Lot Nos. 3 and 4 on the above mentioned subdivision plan; thence along the dividing line
between Lots 3 and 4 of said plan, South 75 degrees 20 minutes 42 seconds West a distance of 433.63 feet
to an existing post at comer of Lot Nos. 3 and 4 of said subdivision plan and lands now or formerly of
Mervin M. Snyder and Lorean N. Snyder; thence along the dividing line North 39 degrees 10 minutes 38
seconds West a distance of 1,492.68 feet to an iron pin set at comer of Lot No. 4 and lands now or formerly
of Mervin M. Snyder and Loreen N. Snyder and the Conodoguinet Creek; thence along the Conodoguinet
Creek, North 46 degrees 08 minutes 38 seconds East a distance of 913.65 feet to an iron pin set at corner of
Lot Nos. 4 and 5 of the said subdivision plan; thence along the dividing line between Lot Nos. 4 and 5 of
said plan, South 19 degrees 33 minutes 48 seconds East a distance of 440.07 feet to an iron pin set on said
dividing line; thence continuing along said dividing line, South 45 degrees 34 minutes 54 seconds East a
distance of 329.98 feet to an iron pin set; thence continuing along said dividing line, South 76 degrees 08
minutes 31 seconds East a distance of 502.20 feet to an iron pin set on said dividing line; thence No~th 48
degrees 28 minutes 40 seconds East a distance of 1,084.05 feet to an existing concrete monument at comer
of Lot Nos. 4 and 5 of said subdivision plan and lands now or formerly of Jay W. McCulloch and Blanche
L. McCulloch; thence along said dividing line between Lot No. 4 and dividing line between lands now or
formerly of Jay W. McCulloch and Blanche L. McCulloch, South 41 degrees 45 minutes 06 seconds East a
distance of 698.08 feet to an existing concrete monument; thence on a curve to the lef~ having a chord
bearing of South 85 degrees 04 minutes 53 seconds East with a radius of 25.00 feet and an arc length of
37.68 feet to an existing iron pin; thence South 38 degrees 24 minutes 42 seconds East a distance of 25.14
feet to an existing railroad spike in the centarline of the above mentioned Wildwood Lane (an existing 33
foot right of way); thence along the centerline of said Wildwood Lane, South 51 degrees 33 minutes 19
seconds West a distance of 100.30 feet to an existing railroad spike, the point and place of BEGINNING.
BEING Lot No. 4 on the above mentioned subdivision plan and containing 49.1769 acres of total area.
BEING that same real estate that Jay W. McCulloch and Blanche L. McCulloch, husband and wife, by their
deed dated March 3 I, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 197 at Page 640, conveyed to Hale A. McCulloch and Lynette
McCulloch, Grantors herein.