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HomeMy WebLinkAbout97-04851 " ANAND S, JAGANNATH and WENDy SCHAENEN husband and wife. Owners IN THE COURT OF COMMON PLEAS CUMBf:RLAND COUNTY, PENNS'flNANIJ\ NO. 97-.l..lft{ I /11/.... b /('fJ...~ -AND- GLENN 0, LrvELSBERGER. INC. t! a HERITAGE BUIlDERS Contractor STIPULATION AGAINST LIENS WHEREAS. ANAND JAGANNATH and WENDY SCHAENEN, husband and wife, ("Owner"). the ~~ers of the real estate described below. has or is about to execute a Contract with GLENN O. l.TVELSBERGER, tNC. tta HERITAGe BUILDERS, whose place of business is located at 6968 Birchwood Road, Harrisburg, FA to erect and build a residential dwelling upon Lots 9 and 10, White Oaks Development. West wind Drive, Lemoyne Borough. Cumberland County. Pennsylvania, and more p~rticularly bounded and described on Exhibit "A", attached hereto and made a part hereof; &nd NOW, THEREFORE, this 51:), day of September, 1997, before any authority had been given by OWner to Contractor to commence work on said facilities or purchase materials for same. in consideration of making of the above-described Contract with Owner, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or mainta ined against the Owner's facili ties and the land above-described b,:, the 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 acco~~t of any labor or materials purchased, or extra labor or materials purchased for, towards. in or abut the erection, construct. ion, design and improvement of said facilities, lUlder said contract or otherwise. the right to have, tile and maintain slJch lhlns or claims against the faci litie. a.r.d the land above-de~cribed, being hereby expressly waived by t.he Contractor for itself, its subcontract.ors, all materiAlmen, or workmen and other acting through or under them. I AL~ THOSE TWO CERTAIN cracts or parcels of ground situate in tho Borough of Lemo:'"c, Cumberland County, Pennsylvania, known anj numbered as Lot NOB. 9 and 10 on a Plan of ~ots known a. 'White Oaks' as prepared by Robert G. Hartman, Jr., Registered Surveyor, and recorded in the Office of the Recorder of Deeds in and tor Cumberland County in Plan Book sa, page 26, which lots ar~ more particularly boundsd and deocribed a. tallows, to wit: BEGINNING at a point on the right-of,way Of West Wind Drive as appearing on atore.aid Plan at or near the dividing line between ~ot No.8 and ~Ot No. 9 as appsaring on aforesaid Plan; thence continuing along ths dividing line between Lot No.9 and Lot No. 8 on atoresaid Plan north 87 degrees 32 minutes 30 seconds west tor a distance of 220,00 feet to a point at the dividing line between ~ot No.9 and Lot No. 11 on atoresaid Plan; thence continuing along the dividing line between Lot No. 9 and Lot No. 11 on atoresaid Plan eouth 8 degrees 0 minutes 14 seconds west tor a distance 92,32 feet to a point at the dividing line between Lot Nos. 9, 10 and 11 on aforesaid Plan; thence continuing along the dividing line between Lot No, 10 and Lot No, 11 on aforesaid Plan south 26 degrees 27 minutes 30 seconds west tor a distance of 170,85 teet to a point on the right-of-way of White Oak Circle as appearing on aforesaid Plan; thence continuing al.ong the right'of-way ot White Oak Circle as appearing on atoreeaid Plan along a curve having a radius ot 425,00 teet and arc lengtn of 66.76 feet to another point on the right-at-way of White Oak Circle; thence continuing along the right-at-way ot White Oak Circle south 54 degrees 32 minutes 30 seconds east tor a dietance ot 100.00 feet to another point on the right-at-way at White Oak Circle; thence continuing along the right-ot- way at White Oak Circle at or near the intersection with West Wind Drive as appearing on atoresaid Plan along a curve having a radius of 25,00 teet and an arc length at 39.27 tset to a point on the right-ot'way ot We.t Wind Drive as appearing on atoresaid Plan; thence continuing along the right'of'way of West Wind Driv~ as appearing on atoresaid Plan north 35 degrees 27 minutes 30 .econds east tor a distance of 135,66 teet to another point along the right-of-way of West Wind D~ive a. appearing on aforesaid Plan, thence continuing along the right-ot-way at West Wind Drive as app~aring on atoresaid Plan along another curve having a radius of 255.00 teet and an arc length of 15,02 teet to another point at the right-of.way ot West Wind Drive which is at the boundary line bet"een Lot No. 10 a,~d ~ot No. 9 a. appearing on atoresaid Plan; thence continuing along the right-at-way at West Wind Drive a. appearing on atoresaid Plan along another curve having a radius ot 255.00 teet and an arc length ot 131,85 teet to anoth.r point on the right.ot.way ot West Wind Drive a. app.aring on atoresaid Plan; thence continuing along ~he right-ot-way ot West Nind Drive north 02 d.gr... 27 minutes 30 seconds east tor a distance ot 77.06 teet to . point, the Plaoe ot Beginning, or SAID TRACT, Lot No, 10 contains .8260 acres, mor. or 1... and Lot No, 9 contains .7770 acre., more or 1..., S'JlJECT to restrictione at record, to specitical1y include cereall' drainage easements, as tound on the Plan of Lot. at White Oaks and further subject to a dec1aration ot protective covenants and restriction. for Whits Oaks as tounJ in the Recorder of Deeds Of fig. ot Cumberland County indexed at Mioc. aook 364, Page 396, Amended in Mise, Book 366, Page 860, -___, .~~ ~