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HomeMy WebLinkAbout00-01998 No. 00 - I99P MLD Term STIPULATION AGAINST LIENS THIS AGREEMENT made the.,;2.;;L day of ;1jf1 rei1 , 2000, by and between CLEON Z. BRUBACKER, t/dIb/a BRUBACKER'S CONSTRUCTION, hereinafter referred to as CONTRACTOR, and WADE D. FRAKER and BARBARA J. FRAKER, hereinafter referred to as OWNERS whereby the former undertook and agreed to erect and construct improvements to a structure on the certain lot of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described on the attached Exhibit "A". NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said CONTRACTOR, for and in consideration of the sum of ($1.00) Dollar to him in hand paid by OWNER, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for himself and his subcontractors, and all parties acting through or under him or them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by him 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 him 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 himself, his 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 real estate and/or 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 intending to be legally bound hereby. '2 } ~tI day of i1t,.--~ L ,2000, r1/ Il,~j eam~ 6/,Ck~1{/ k:J~ WADE D. FRAKER, Owner ~~ ~ /['~4 1J-./t1 ~ t ,.~-, '- "-' - ','~' 0_' /~",~-''''__~ '< - _ ~_"",_:-_ d'f,-;. d:;W"'-<!'_:~" ,-"-' ,.. .,~ ,~" TRACT NO.1 ALL that certain tract of land situate in the Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being Two Hundred Ninety-five (295) feet Southwest of a common comer of land now or formerly of Raymond M. Singer and Ethel M. Singer, his wife, and land now or formerly of Goldie Hockenberry; thence by a line extending in a Southerly direction Two Hundred Eighty (280) feet to an iron pin; thence by other lands now or formerly of Raymond M. Singer and Ethel M. Singer, his wife, in a Westerly direction One Hundred Forty (140) feet to an iron pin; thence by same, in the Northerly direction Two Hundred Forty (240) feet to a point in the center of the aforesaid public road; thence by the center of the aforesaid public road in a North Easterly direction One Hundred Forty (140) feet to the place of BEGINNING. BEING THE SAME REAL ESTATE WHICH RAYMOND M. SINGER and ETHEL M. SINGER, his wife, by deed dated March 28, 1964 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume D-21, Page 1064, granted and conveyed to WADE D. FRAKER and BARBARA 1. FRAKER, his wife. TRACT NO.2: ALL that certain tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the Easterly edge of a twenty (20) foot right-of-way and the Southwestern comer of other property of Wade D. Fraker and Barbara 1. Fraker, his wife; thence along the Fraker property South sixty-two (62) degrees forty-nine (49) minutes twenty-four (24) seconds East one hundred forty (140) feet to an iron pin and Lot No.5; thence by Lot No.5 South fourteen (14) degrees forty-four (44) minutes forty (40) seconds West one hundred sixty-five and forty-four hundredths (165.44) feet to an iron pin and other land now or formerly of Ethel M. Singer; thence by other land now or formerly of Ethel M. Singer South eighty-eight (88) degrees twenty-four (24) minutes forty-six (46) seconds Exhibit "A-I" I ~.. ~ ",' ''^~''~'k''_, ,. -"~~"" ""c,'~_"-,'-,~f\',-,"!'t"1_'r'",",-l --, "--,,--=-- . - , ,", ., _,'_~..,_",-", "1""c;"~",. . - ._-_~, r'-- - -~ "" , ~,">", "" .-,-"> .'-.,'-' , -,,- "'f'!J'~ " West two hundred twenty-two and sixty hundredths (222.60) feet to an iron pin at the Easterly edge of an existing twenty (20) foot right of way; thence along the twenty (20) foot right of way North thirty-one (31) degrees twenty (20) minutes East two hundred sixty-nine and thirty-nine hundredths (269.39) feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., madeJune 11, 1979. The above-described tract is subject to building lines as set forth in said plan. BEING THE SAME REAL ESTATE WHICH ETHEL M. SINGER, widow and single woman, by deed dated July 5, 1979 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume P-28, Page 253, granted and conveyed to WADE D. FRAKER and BARBARA J. FRAKER, his wife. ALSO BEING KNOWN AS Tax Parcel # 30-08-0597-019 ofthe records of Cumberland County, Pennsylvania. Exhibit "A-2" "","' ,,,.,~,..;,~,~ -,'" -~, ,---> --,-~,-'-'-- ~ "",,- - -" -. . - . . ~ =-- ,,- --',-'-"-,(' ;:: ,.. '~, ~ I '" , ,,' -;'i, -'<~ ,', ~~,~-"'" ,-. .. ",'''' "-," - .,,-~, '" ~-,~.. ,,,"',- -', -~- :!, ~~g C2 .... :v ~ ~ p:, ~ Ij. ~ f .. or ~lllll~rTT "r 0 0 c c: C:J -n ~ ...".. .._J .-- "1:' CD ~." :!J mrTl ;-0 Z:J:) ~"n ::-.:::;,~ 6iS; 1.;'--:--' (~: L ~c~ C) ""<1 ~. -', -~ ::r~ ;~~; ::IJ gt~ ("':) . , fTl Pc': , -. L~ I:"') :'i.! =< <0 ""'- ___Pl!l!IlI ~. ._l~ I