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HomeMy WebLinkAbout02-5667 STIPULATION AGAINST LIE~ THIS AGREEMENT made this JO day of~2002, by and between Roger Russell Builder, sole proprietor, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as Contractor, Randy E. Simmons and Sandra D. Simmons, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in Penn Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #11 Edgewood Estates, Ritner Highway, Carlisle, PA. NOW THEREFORE, THiS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($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 itself, himself or themselves and its, his or 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 construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or 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 the day and year first above written. Signed, sealed and delivered in the pr~gse~of Witness : By: R6ger L'. Russell COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : On this, the ~ day of ~_~/~, 2002, before me, the undersigned officer, personally appeared Roger L. Russell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereun?~Q set my~d~and official seal C,A .... L LENKER, NOTARY FUBLiO i ~U~LI~ BORO, CUMBER My COMMi~.,~... __ LAND COUNT~ I COMMONWEALTH OF PENNSYLVANIA: ~-~--~'~N~X~RESFEBRU~A?_YZ0,20~05~ COLTNTY O~UMBERLAND : SS ~ ~r.~ o~ ~r~ona~~ ~a~ ~. ~on~ ~ ~an~ra ~. ~~~a~~, ~o~o m~ <or satisfact°r~persons whose names are ~u~cr~ ~o~~ ~n~r~m~n~ ~c~ow~ ~ ~e~ e~ecu~e~am~ ~or t, ~u~ose~ ~e~on~a~ne~. Exhibit A ALL that certain lot or tract of land situate in the Township of Penn, County of Cumberland and State of Pennsylvania, designated as Lot "11" as shown on Subdivision Plan entitled "Final Subdivision Plan for Edgewood Estates" prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated November 29, 2001, which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 85, Page 33, and is bounded and described as follows: BEGINNING at a point on common corner of Lot 10, Lot 11 and the center line of Ritner Highway SR 0011 as referred to on the above subdivision plan; thence along center line of Ritner Highway SR 0011 North 67 degrees 46 minutes 54 seconds East 33.86 feet to a point; thence continuing along same North 67 degrees 58 minutes 49 seconds East 151.14 feet to a point at common corner with the center line of Ritner Highway SR 0011 and Lot 11 and Lot 12; thence continuing along common boundary line of Lot 11 and Lot 12 South 22 degrees 13 minutes 03 seconds East 429.57 feet to a set concrete monument at a common corner of Lots 11, 12, 15 and 16; thence continuing along common boundary line of Lot 11 and Lot 16 South 67 degrees 46 minutes 53 seconds West 185 feet to a set iron pin at common corner of Lots 11, 16 and 18; thence continuing along common boundary line of Lots 18, 10 and 11 North 22 degrees 13 minutes 03 seconds West 430 feet to the point and place of BEGINNING.