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HomeMy WebLinkAbout97-02448 No. q7- ~ lfl.ft ti-1L.D Ter,., STIPULATION AGAINST LIENS THIS AGREEMENT made this ~^ day of and between MURTORFF CONSTRUCTION COMPANY, "/hI. 1 19971 by INC., of Carlisle, Cumberland County, Pennsylvania, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, hereinafter referred to as Contractor 1 A N D MELVIN O. MURTORFF and RONALD L. SIMONS, a partnership 1 d/b/a MELRON ASSOCIATES 1 of Carlisle, Cumberland CountYI Pennsylvania, hereinafter referred to as Owners, WHEREAS, Owners are the owners of all those certain lots of ground situate in the Borough of Carlislel Cumberland County, Pennsylvania appearing as Lot Nos. 78 through 83, inclusive, on Phase IV of the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 62, Page 117, the description of said lots appearing on said Plan being incorporated herein by reference; and WHEREAS, Contractor has undertaken and agreed to erect and construct townhouses on said lots of ground: 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 1 and the further consideration mentioned in the agreement aforesaid 1 for itself and its 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 it 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 it or any of them under said contract or otherwise I fori towards, inl or about the erection and construction of the said buildings on the lot above described I and the said Contractor, for itself, its subcontractors and others under theml hereby expressly waives and relinquishes the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of theml and agree that this instrument, waiving the right of lienl shall be an independent covenant. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first above written. SIGNEDI SEALED AND DELIVERED IN THE PRESENCE OF CONSTRUCTION COMPANY, INC ~ T Witness C(" /, ~ ~... imons, Partner Witness By: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this I the q'k., day of mo..~ ' 1997 before me, the undersigned officer, personally appeared Melvin O. Murtorff, Partner and Ronald L. Simons, Partner, d/b/a Melron Associates, 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 WHEREOF I I hereunto set my hand and official NOTARIAL SEAL ANN M.lEiMAN, NOTARY PUBUC CARU8U! BOROUGH, CUMBERLAND CO. PA MY COIllllSSlON EllPlIWlIolARCH 2lI, 2001 c~ f"Y'l,.4 J~" - / (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS On this, the q ilL day of l'lt~ I 1997, before me a Notary PublicI the undersigned officer, personally appeared Melron O. Murtorff, who acknowledged himself to be the President of Murtorff Construction Company I Inc. a Corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation cy himself as such President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAl ANN M.lEiMAN, NOTARY PUBUC CARUBU! DOROUGH, CUMBERLAND CO. PA MY COMMISSION EXPIRES MARCH 20, 2001 _~ VYl. 4L,,~ ) Exhibit: "A" ALL THOSE CERTAIN tractn o[ land nituale in the Borough o[ Carlisle, Cumberland County, pennnyl vania, appeat-ing an Lot Nos. 78 through 03 on Phase IV o[ the Pinal Subdivinion Plan o[ Walnut Court as recorded in Cumberland County Plan Book 62, Page 117, and being more particularly bounded and described in accordance with said Subdivision Plan as [ollown: TRACT NO.1: BEGINNING at a point along the right-or-way [or Georgetown Circle at the corner of Lot No. 77; thence along the said Georgetown Circle South 03 degrees 45 minutes 00 West 55 feet to a point; thence along Lot No. 79 North 06 degrees 15 minutes 00 seconds West 160 feet to a point; thence North 03 degreen 45 minutes 00 seconds East 55 feet to a point; thence along Lot No. 77 South 06 degrees 15 minutes 00 seconds East 160 feet to a point, the Place of Beginning. EEING Lot No. 70 on Phase IV of the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 62, Page 117. TRACT NO.2: BEGINNING at a point along the right-of-way for Georgetown Circle at the corner o[ Lot No. 70; thence along the naid Georgetown Circle South 03 degreen 45 minuten 00 Went 20 feet to a point; thence along Lot No. 00 North 06 degrees 15 minuten 00 secondn West 160 feet to a point; thence North 03 degrees 45 minutes 00 seconds East 20 feet to a point; thence along Lot No. 78 South 06 degrees 15 minuten 00 secondn Eant 160 feet to a point, the Place of Beginning. BEING Lot No. 79 on Phane IV of the Pinal subdivision Plan of 11alnut Court as recorded in Cumberland County Plan Book 62, Page 117. TRACT NO.3: BEGINNING at a point along the right'of-way fotO Geol'geto~m Circle at the corner of Lot No, 79; thence along the said Geol'geto~1I1 Circle South 83 degreen 45 minuteD 00 11ent 28 feet to a point; thence along Lot No. 01 North 06 degrees 15 minutes 00 seconds West 160 feet to a point; thence North 83 degrees ~5 minutes 00 seconds East 20 feel to a point; thence along Lot 1,0. 79 South 06 degrees 15 minutes 00 seconds East 160 feet to a po:nt:, the Plac.. of Beginning. BEING Lot No. 80 on Phase IV of the Final Subdivision Plan of 11alnut Court as recorded in Cumberland County Plan Boo~: 62, Page 117 . . TRACT NO.4: BEGINNING at a point along the l'i<jhl.-of-way for Georgetown Circle at the corner of Lot No. 00; thence along the Gaid Georgetown Circle South 03 degrees 45 minuten 00 West 20 feet to a point; thence along Lot No. 02 North 06 degreeD 15 minutes 00 Deconds West 160 feet to a point; thence NOL'th 03 degreen 45 minutes 00 seconds East 20 feet to a point; thence along Lot No. 00 South 06 degrees 15 minuteD 00 necondD Eant 160 feet to a point, the Place of Beginning. BEING Lot No. 81 on Phane IV of the Final subdivinion Plan of Walnut Court an recorded in Cumberland County Plan Book 62, Page 117. TRACT NO.5: BEGINNING at a point along the right-of-way for Georgetown Circle at the corner of Lot No. 01; thence along the naid Georgetown Circle South 83 degrees 45 minutes 00 Went ~8 feet to a point; thence along Lot No. 83 North 06 degrees 15 minutes 00 seconds Went 160 feet to a point; thence North 03 degreen 45 minutes 00 seconds East 28 feet to a point; thence along Lot No. 02 South 06 degrees 15 minutes 00 seconds Eant 160 feet to a point, the Place of Beginning. BEING Lot No. 82 on Phase IV of the Final subdi vis ion Plan of Walnut Court as recorded in Cumberland County Plan Book 621 Page 117. TRACT NO.6: BEGINNING at a point along the right-of-way for Georgetown Circle at the corner of Lot No. 82; thence along the said Georgetown Circle South 03 degrees 45 minutes 00 Went 55 feet to a point; thence North 06 degrees 15 minutes 00 neconds Went 160 feet to a point; thence North 03 degrees 45 minutes 00 seconds East 55 feet to a point; thence along Lot No, 82 South 06 degrees 15 minutes 00 seconds East 160 feet to a point, the Place of Beginning. BEING Lot No. 83 on Phase IV of the Final Subdivision Plan of Walnut Court as recoL'ded in Cumberland County Plan Book 62, Page 117. ALL of the above tracts are conveyed subject to al,d together ~Iith easements shown and listed on all fOUl' Phases of, the Plans for the Walnut court Subdivision intended for the use by the owners and occupants of the townhome portion of naid Subdivision for access and storm water nlanagemeJlt. BEING the same pn~mises which \'Ialnut Court llssociates, a partnership I granted and conveyed to 1.1ELRON Associ ates, A partnership, Borrowers herein, ~:, '1 ~ Vi1' \r c: ..... tr. (Y) ?': ~ ~ <'0,' ~ II) \:too ~f' a. ,-, ~ ..... =, ~ J:: .):-s '\:[ '..l::i- ~ ? q .'. q" ~ ( ", .., -j "Ii: C'. "- '0 I ';-i,'} Q lil )~ . -, ~- ; ~... ~ ~- ~r . '11 :II: ..'.:U- ~ r- ::') lot.-- <n u .