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,
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