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HomeMy WebLinkAbout97-05716 STIPULATION AGAINST LIENS BRIAN L. SHEPARD KATHY J. SHEPARD IN TilE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA OWNER VS. NO. 97- S?/t- f>'lJ..l)TERM-l996- TIDA Y CONSTRUCTION CONTRACTOR WHEREAS, Brian L. Shepard and Kathy J. Shepard, his wife, is about to execute contemporaneously herewith a contract with Tiday Construction, of 56 Hoover Road, Carlisle, Pennsylvania 17013, for the erection of a single family dwelling upon a lot of land situate as follows: SEE EXHIBIT "An ATIACHED HERETO AND MADE A PART HEREOF. Now, ,1997, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said owners to the said contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with contractor and the further consideration of One ($1.00) Dollar to contractor pa~d by owner, it is agreed that no lien shall be filed against the building and/or land by the contractor, or any subcontractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WI.YjESS OUR hands and seals the day and year aforesaid. WITNE,(~ I/;' ,. . ~ WI ~.(l ~ ..f JI.-.J (SEAL) BRIAN CSH~PARi)-' OWNER ~c:LJ'fd5!.YtdJJ-I (SEAL) KATH~WEPARD OWNER - /I . I fJI9 Y l.. ",v.6I.Rric7ld.N (SEAL) Contractor :k. I : ~o""itment Number I SHB17697 SCHEDULE C PROPERTY DESCRIPTION The land reterred to in this Commitment is deecribed ae tollows. ALL THAT CBRTAIN piece or parcel ot land with buildings and improvements thereon erected, it any situate in Wertz Run Heights, North Middleton Townahip, cumbe~land County, Commonwelath ot Pennsylvania bounded and described in accordance with Final Subdivision Plan tor Phase No. II tor .Wertz Run Heights,. recorded on October 16, 1996, in Cumberland County Plan Book 73, Page 47, as tollows, to wit: BBGINNING at a point, said point being located on the eastern right ot way lins ot Grant Court at the commontront property corner ot Lot No. 17 and 16/ thence along the eastern right ot way line ot Grant Court in a northerly direction on tbe arc ot a curve curing to the left having a radius ot ~~5.00 teet, on an arc length ot 94.61 teet, and a central angle ot ~4 degrees 05 minutes and 3~ seconds to a point at Lot No. 15 ot Wertz Run Heights, Phase ~/ thence along Lot No. 15 South 40 degrees ~o minutes and 00 seconde East a distance ot 451.00 teet to a point at land now or late ot the Kingsbrook Civio Association/ thence along lands now or late ot the Kingsbrook Civic Association South 18 degress 43 minutes 30 seconds West a distance ot ~84.58 teet to a point at Lot No. ~5 ot Wsrtz Run Heights, Phase II thence along Lot No. ~5 North 71 degrees 16 minutes, and 40 seconds West, a distance ot 137.7~ teet to a point at Lot No. ~4 ot Wertz Run Heights, Phase I; thencs along Lot No. ~4 North 16 degrees, 14 minutes and ~6 seconds West, a distance ot 187.18 teet to a point at Lot No. 17 ot Wertz Run Hsights, Phase ~/ thence along Lot No. 17 North 16 degrees 14 minutes and ~8 seconds West a distance ot 359.~3 teet to a point in the eastern right of way line ot Grant Court, the place ot BEGINNtNG. SAID LOT CONTAINS 115,387.65 square teet or ~.648 acres. BEING Lot No. 16 ot the Final Subdivision Plan of Wertz Run Heights, Phase II, recorded in Plan Book 73, Page 47, on October 16, 1996. UNDER AND SUBJECT to Declaration ot Building and Use Restictions tor the Final Subdivision Plan ot Wertz Run Heights, dated December 16, 1993 and recorded in miscellaneous Book 463, Page 1178. UNDBR AND SUBJECT, NEVERTHELESS, to all rights ot way, easements, restrictions and/or conditions ot record. BllING THB SAMB PRBMISllS which Kollas and Costopoulos, by deed ot even date and about to be recorded herewith, granted and conveyed unto Brian L. Shepard and Kathy J. Shepard, the mortgagors herein. ALTA C_It_t Ic:hoGll. C