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HomeMy WebLinkAbout03-0441McCormick Crossing, a Pennsylvania General Partnership, Owner Wheatland Custom Homes, Inc., Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-- t/c// /DhD STIPULATION AGAINST LIENS WHEREAS, McCormick Crossing, a Pennsylvania General Partnership of Pennsylvania is about to execute contemporaneously herewith, a contract with Wheatland Custom Homes, Inc. of Lebanon County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THAT CERTAIN tract of land, situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern fight-of-way line of Lucinda Lane at the corner of Lot No. 29 and Lot No. 30 as shown on the hereinafter mentioned plan of lots; thence along said right-of-way line by a curve having a radius of 225.00 feet and an arc length of 100.906 feet to a point; thence North 12 degrees 56 minutes 17 seconds West, a distance of 482.289 feet to a point; thence by a curve having a radius of 40.00 feet and an arc length of 65.538 feet to a point on the southern right-of-way line of Granda Flora Drive; thence along said right-of-way line of Granda Flora Drive North 80 degrees 56 minutes 16 seconds East, a distance of 251.593 feet to a point; thence South 09 degrees 05 minutes 30 seconds East, a distance of 569.247 feet to a point at the dividing line between Lot No. 29 and land now or formerly of Donald C. Adams, Jr. and Margaret D. Adams; thence along said dividing line South 70 degrees 22 minutes 53 seconds West, a distance of 29.755 feet to a point; thence South 01 degree 13 minutes 09 seconds West, a distance of 144.835 feet to a point at the dividing line between Lot No. 29 and Lot No. 30; thence along said dividing line North 75 degrees 58 minutes 16 seconds West, a distance of 241.849 feet to a point, said point being the place of BEGINNING. BEING Lot No. 29 on Subdivision Plan of Duffield Crossing, Phase III recorded December 14, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 78. BEING PART OF THE SAME PREMISES Harry H. Fox, Jr., a married man, by his deed dated July 9, 1999 and recorded July 16, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 203, Page 1058, granted and conveyed unto McCormick Crossing, a Pennsylvania General Partnership, GRANTOR herein. UNDER AND SUBJECT to Declaration of Restrictive Covenants recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 683, Page 461. UNDER AND SUBJECT to setbacks, easements, rights-of-way, conditions and restrictions as shown on the above plan of record. NOW, the ~-\~---~ day of January,2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said McCormick Crossing, a Pennsylvania General Partnership, to the said Wheatland Custom Homes, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Wheatland Custom Homes, Inc. and the further consideration of One Dollar, to Wheatland Custom Homes, Inc. paid by McCormick Crossing, a Pennsylvania General Partnership, it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, 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. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNER: McCormi'~k Crossing, a Pennsylvania /~tS,/,,~ti Partnership, CONTRACTOR: .X~.,a, ~2stcm ~mes, inc.