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HomeMy WebLinkAbout03-0320STIPULATION AGAINST LIENS THIS AGREEMENT made the I~ day of ~A~. , 200~, by and between Heiges Home Improvement, Inc., of 1280 Good Hope Road, Mechanicsburg, Pennsylvania, 17050, hereinafter referred to as "Con- tractor", AND Russell E. Daniels and Kathleen B. Daniels, husband and wife, of 6343 Creekview Road, Hampden Township, Mechancisburg,Cumb- erland County, Pennsylvania, hereinafter referred to as "Owner", whereby Contractor undertook and agreed to. erect and construct an addition on that certain lot of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: ALL THAT CERTAIN parcel known as Lot No. 205, Phase 5, Hampden Heights, Hampden Township, Cumberland County, Pennsylvania, according to a Plan of Hampden Heights for Park Hills West, Inc., by Whittock- Hartman, Robert Hartman, R.P.E. dated February 10, 1983 and recorded in Plan Book 45, Page 86, bounded and described in accordance with said plan as follows: BEGINNING at a point on the southern right-of-way line of Creekview Road, said point being referenced and located the following three courses and distances from the terminus of a curve connecting the southern right-of-way line of Creekview Road to the eastern right- of-way line of Lambs Gap Road (1) north 70 degrees 5 minutes 35 seconds east, a distance of 161.16 feet (2) north 69 degrees 39 minutes 51 seconds east, a distance of 367.91 feet (3) north 71 degrees 28 minutes 49 seconds east, a distance of 195.67 feet; thence from said point of beginning by the southern right-of-way line of Creekview Road north 71 degrees 28 minutes 49 seconds east, a distance of 45.27 feet to a point; thence by the same north 72 degrees 15 minutes 22 seconds east, a distance of 114.73 feet to a point; thence by the line of Lot No. 204 south 17 degrees 44 minutes 38 seconds east, a distance of 354.42 feet to a point on or near the low water mark of the Conodoguinet Creek; thence by said low water mark on the Conodoguinet Creek, by its various courses which straight line dis- tances are (1) south 72 degrees 41 minutes 27 seconds west, a distance of 46.62 feet (2) south 66 degrees 57 minutes 16 seconds west, a distance of 108.92 feet to a point; thence by the line of Lot No. 206 north 18 degrees 31 minutes 11 seconds west, a distance of 363.55 feet to a point on the southern right-of-way line of Creekview Road, the place of BEGINNING. Said lot contains 1.293 acres more or less and is subject to a 20 foot sanitary sewer easement in the southern part of the lot. Also known as 6343 Creekview Road, erroneously referred to in a prior deed as 6543 Creekview Road, all as described in deed recorded on August 2, 2002 and recorded in Deed 204, Page 1124. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to Contractor, in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their 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 them 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 them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year above written. Signed, Sealed and Delivered in the Presence of Pz<b (SEAL) ~Glenda Heiges, P~sident Heiges/~)Dme, Improvement, ~ nc, C°nt~°r'~ ~'/i Rps~.ell E~ ~Dan~ O~er / - ACKNOWLEDGMENT FOR INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the i04~ day of ~c~d~{ , 20OJ, before me, the undersigned officer, personally appeared Russell E. Daniels and Kathleen B. Daniels, husband and wife, known to me (or satisfac- torily proven} to be the persons whose names were subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . , (SEAL) Notary Public ~/ My Commission Expires: ACKNOWLEDGMENT FOR CORPORATION COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. On this, the t0 day of ~ou~6 ~c~ , 200~ before me, a Notary Public, personally appeared Gl~nda Heiges, known to me to be the person whose name is subscribed as President of Heiges Home Improvement, Inc., and who acknowledges herself to be the President of Heiges Home Improvement, Inc., and that she as such President, being authorized to do so, executed the aforegoing statement for the purposes therein contained by signing the name of the corpora- tion by herself as President. IN WITNESS WHEREOF, I hereunto .se/t, my hand and notaria~ seal. I ....... ',.- _ I Notar~Y/~uD±ic (SEAL) Llt~ ,~,'l'nrnt~io~ Expires May L~, ~K)O~ I / la~m~,~~~' Ny C~lsslon gxpl~es: