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HomeMy WebLinkAbout02-5034STIPULATION AGAINST LIENS THIS AGREEMENT made this /~ day of October, 2002, by and between Home Designs Unlimited, a sole proprietor, of New Kingstown, Pennsylvania hereinafter referred to as Contractor, TODD R. VOGELSONG AND KATHY VOGELSONG, husband and wife, hereinafter referred to as Owners, whera~y tile contractor undertook and agreed to erected and const~ct a dwelling on the certain lot of ground situate in Penn Township~ Cun~berland County, Com~onwe~b of Pennsylvania, and more iully described in Exhibit "A" whic~ is ..... net ...... known as 249 South Side sttached her~e~ and made a part ' ~'~ Drive, Neville, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That %he said Ccmtractor, for an in consideration of the sum of ($].00) Dollar to Co~!rractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and 5he further consideration mentioned in the agreement aforesaid, for itself, himself or uhemseives and its, his or their subcontractors, and ali parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by %hem 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 construction of the said buil. dings on the lo~ above described, and the said Contractoz, for itself, himself or · themselves, its, his or their subcontractors and others under them, hereby exprSssly 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 i.~strument, waiving the right of lien, shall be an independent cevenant. WITNESS our hands and seals .... u .da}' and year firs~ abcve written. Signed, sea==u, and delivereo~ Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND~/~ On this, the /~a~ of 2002, before me, the undersigned officer, personally appeared David R. Thompson known to me (or satisfactorily proven) to be ~he person whose name is subscribed to the wiEhin instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I I..... NOTARIAL SEAL ' RENEE k MURRAY, No~ary Publ~ Carlisle Boro, Cumberland Co., PA My OOmmisston FJ~ires o~ember 1;3, 2005! COMMONWEALTH OF PENNSYLVANIA : ~OUN2Y OF ~UMBERLA : On this, the [~'~a-y of /~/~.~ , 2002, the undersigned officer, personally appeared Todd R. before me, Vogelsong and Kathy Vogelsong, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHERE0-, I~eunto set my hand and official seal. ( SEAL ) NOTA~IIAL RI~ L, MURRAY, Exhibit A ALL that certain tract or lot of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin on the previously dedicated right of way line and 25 feet from the existing center line of T-349, also known as South Side Drive at the property line of lands now or formerly of Lester P. Wilson as shown on the hereinafter mentioned Subdivision Plan; thence along the previously dedicated line aforesaid, on a curve to the left with a radius of 63.55 feet and a length of 50.00 feet, a chord bearing of South 55 degrees 57 minutes 31 seconds east and a length of 48.72 feet to an existing iron pin at lands now or formerly of Donald Eugene Snoke and within a 10-12 feet wide gravel road known as Saw Mill Road; thence following Saw Mill Road and lands of Donald Eugene Snoke and lands now or formerly of David Leroy Harrison the following courses and distances: South 13 degrees 26 minutes 00 seconds East, a distance of 94.59 feet to an existing iron pin; thence South 11 degrees 29 minutes 50 seconds West, a distance of 207.78 feet to an existing iron pin; thence South 11 degrees 29 minutes 34 seconds West, a distance of 199.74 feet to an existing iron pin; thence South 11 degrees 30 minutes 07 seconds West, a distance of 193.11 feet to an existing iron pipe; thence South 04 degrees 16 minutes 50 seconds West, a distance of 439.48 feet to an existing railroad spike in a stump; thence South 25 degrees 50 minutes 43 seconds West, a distance of 465.14 feet to an existing iron pin in stones at a corner property line of lands now or formerly of Timothy W. Bigler and lands now or formerly of Charles A. Bonner, III; thence along lands of Charles A. Bonner, III South 89 degrees 43 minutes 45 seconds West, a distance of 543.58 feet to an existing iron pin in stones at a corner of property now or formerly of George H. Wagner, now or formerly of Gary L. Rhoads, and now or formerly of Scott Sundy; thence along lands of Scott Sundy North 22 degrees 48 minutes 57 seconds East, a distance of 812.88 feet to an existing iron pin in stones at lands now or formerly of Larry L. Warner; thence along lands of Larry L. Warner North 24 degrees 04 minutes 14 seconds East, a distance of 464.38 feet, crossing a dirt road leading to aforesaid Saw Mill Road, to an existing iron pin at lands of aforesaid Lester P. Wilson; thence along lands of Lester P. Wilson, South 74 degrees 31 minutes 07 seconds East, a distance of 197.23 feet to an existing iron pin, thence North 80 degrees 37 minutes 41 seconds East, a distance of 90.77 feet to an existing iron pin; thence North 11 degrees 29 minutes 34 seconds East, a distance of 318.16 feet to an existing iron pin; thence North 13 degrees 26 minutes 00 seconds West, a distance of 78.66 feet to an existing concrete monument; thence North 09 degrees 17 minutes 35 seconds East, a distance of 44.18 feet to an existing iron pin, the point the place of BEGINNING. BEING Lot No. 1 of the Land Development Plan for Barbara E. Woods dated May 10, 2002, prepared by Eric L. Diffenbaugh, Registered Land Surveyor, recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book 85, Page 115. CONTAINING an area of 13.26 acres.