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HomeMy WebLinkAbout02-5652STIPULATION AGAINST LIENS JIM MILLER CUSTOM BUILDER, INC., Owner JIM MILLER CUSTOM BUILDER, : INC. , Contractor : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NUMBER 00- ~5~ TERM, 2002 WHEREAS, JIM MILLER CUSTOM BUILDER, INC. of Dillsburg, York County, Pennsylvania, the Owner, contemporaneously herewith has executed or is about to execute a contract with JIM MILLER CUSTOM BUILDER, INC., of Dillsburg, York County, Pennsylvania, the Contractor, for the construction of a dwelling house, and related structures or improvements, upon that certain land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this ~ day of November, 2002 at the time of and immediately before the execution of the said principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on, or to furnish or purchase materials for the aforesaid buildings or construction, in consideration of the making of said contract with said Contractor and the further consideration of One Dollar to said Contractor paid by said Owner, it is agreed that no liens or claims shall be filed or made against said buildings and/or land, or any part, piece, parcel or lot thereof, by said Contractor, or any sub-contractor, or by any materialmen, workmen or other persons for or on account of any labor provided or materials furnished or purchased, or any extra labor or materials provided, furnished or purchased for said buildings or construction, hereby expressly waiving any and all rights to file or make such liens and claims. AND, in furtherance hereof, the said Contractor does hereby represent and warrant that as of the time of the execution hereof, neither said Contractor, nor any sub-contractors, materialmen, workmen or any other persons have commenced any work on, or furnished or purchased any materials for the aforesaid buildings or construction. IN WITNESS WHEREOF, the said Owner and Contractor, each intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. WITNESS: :149222 OWNER: JIM MI~ER~ CUSTOM BUILDER, INC. Richard A. Miller, Pr~siaen~ CONTRACTOR: JIM~L~R CUSTOM BUILDER, INC. my~~~~/ / / Richard A. Miller, Pres'ident EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Stone Run Drive, at the southern terminus of a curve connecting Stone Run Drive with Spring View Court; thence along the southeastern right-of-way line of the intersection of Stone Run Drive and Spring View Court by a curve to the right, having a radius of 25.00 feet, an arc distance of 39.27 feet to a point; thence along the eastern right-of-way line of Spring View Court, North 11 degrees 55 minutes O0 seconds East, a distance of 65.00 feet to a point; thence along the same, by a curve to the right, having a radius of 400.00 feet, an arc distance of 50.13 feet to a point at the westernmost corner of Lot No. 58 on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 58, South 78 degrees 05 minutes O0 seconds East, a distance of 111.86 feet to a point at the northwest corner of Lot No. 60 on the hereinafter described Final Subdivision Plan; thence by the western line of said Lot No. 60, South 11 degrees 55 minutes O0 seconds West, a distance of 140.O0 feet to a point on the northern right-of-way line of Stone Run Drive; thence along the northern right-of-wsy line of Stone Run Drive, North 78 degrees 05 minutes O0 seconds West, a distance of 90.00 feet to a point at the terminus of a curve connecting Stone Run Drive with Spring View Court, the point and place of BEGINNING. CONTAINING 0.3653 acres. BEING Lot No. 59, Final Subdivision Plan for Walnut Point Phase II, dated June 14, 2001, last revised November 16, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 85, Page 1.