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HomeMy WebLinkAbout02-5871MICHAEL P. GARDNER AND CYNTHIA GARDNER (OWNERS) V$, GARDNER CONSTRUCTION (GENERAL CONTRACTOR) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. .' .' : LOT 34 NORTH RIDGE, CARLISLE : CUMBERLAND COUNTY, PENNSYLVANIA : STIPULATION AGAINST LIENS WHEREAS, Michael P. Gardner and Cynthia Gardner, the OWNER of the real estate described below, has or is about to execute a contract with Gardner Construction, whose principal business address is, (~.~. ~;x' ~3C). PJ~¢~'~ PA 1'70E/ Pennsylvana, to construct a single family dwelling upon lands sit,u, ate, a,t ,/.O~'?'~ ,/.-o?~ ~)'1.,¢~ ,~,.~ C..~,.~.~, ~.'~c i-201.J_~, Cumberland County, Pennsylvania, and more parzlculany oounoeo ane eescrioeo on Exhibit A attached hereto and made a part hereof; and, NOW, THEREFORE, this ~ day of,L) D~/. , 2002, before any authority had been given by Gardner Construction to commence work on said facilities, or purchase materials for same, in consideration of making of the above-described Contract with Michael P. Gardner and Cynthia Gardner, Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by Michael P. Gardner and Cynthia Gardner, Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-described, or upon Michael P. Gardner and Cynthia Gardner, the Owner, by the general contractor, or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities, the land above-described, and Michael P. Gardner and Cynthia Gardner, the Owner, being hereby expressly waived by the general contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto executed the Stipulation Against Liens this oq-~ day of ,t_'-h~-,~/e w~ ~3~t'- ,2002. WITNESS: WITNESS: Cy~hia Gardner ATTEST: Legal Description Lot No. 34 Phase IV North Ridge All that certain plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line of Long View (a fifty foot right-of-way) said point being located the following three (3) courses from the line of Cross Creek 1) North eighty-nine degrees, fifty-two minutes, twenty-one seconds East (N 89° 52' 21" E), a distance of one hundred thirty and twenty-four hundredth feet (130.24') 2) by a curve to the left, having a radius of two thousand, twenty-five feet (R = 2,025.00'), an arc distance offi~y-nine and twenty-two hundredth feet (A/L = 59.22') 3) North eighty-eight degrees, eleven minutes, forty-nine seconds East (N 88° 11' 49" E), a distance of three hundred thLrty feet (330.00') to a point; thence from said point of Beginning, by said right-of-way line of Long View North eighty-eight degrees, eleven minutes, forty-nine seconds East (N 88° 11' 49" E), a distance of five and thirty-nine hundredth feet (5.39') to a point; thence by the same, by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.00'), an arc distance of one hundred nineteen and forty-four hundredth feet (A/L = 119.44') to a point; thence by Lot No. 35 South thirty-two degrees, thirteen minutes, nine seconds East (S 32° 13' 09" E), a distance of one hundred sixty-nine and twenty-six hundredth feet (169.26') to a point; thence by land now or late of Lawrence Foxx South eighty-eight degrees, eleven minutes, forty-nine seconds West (S 88° 11' 49" W), a distance of two hundred five feet (205.00') to a point; thence by Lot No. 33 North one degrees, forty-eight minutes, eleven seconds West (N 01° 48' Il"W), a distance of one hundred fifteen feet (115.00') to a point, the place of Beginning. Said tract contains 21,116 square feet or 0.485 acres. Being Lot No. 34 on the Final Subdivision Plan for North Ridge Phase 4.