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HomeMy WebLinkAbout03-0549STIPULATION AGAINST LIENS THIS AGREEMENT made the 31st by and between day of January, 2003 Home Designs Unlimited hereinafter referred to as Contractor, AND William J. Saccary and Natalie Saccary, h/w hereinafter referred to as Owner, whereby the former undertook and agreed to construct a single family dwelling, in 5765 Aspen Lane Enola, Pa 17025, Cumberland County, Pennsylva- nia, more particularly described in exhibit A NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One Dollar ($1.00) to it 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 first above written. Signed, Sealed and Delivered in the presence of (SEAL) (SEAL) (SEAL) LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land situate i~ ftampden Township, Cumberland County, Pennsylwmia, and bound~ and ck'sc~ibed as follows: BEGINNING at a point ont~ Southern right-of-w-ay line oFAspen L~ (50.00 f~t wide), ~d po~t bc~g lo~ted ~ ~e No~~ ~ of Lot No, 120; th~n ~o~ ~c W~tem boun&~ line of Lot No. 120, So~ 09 ~ 29 mi-ut~ t5 s~onds West, and =ossing through ~ existing 30.00 f~t wi~ ~ ~m=nt ~d a pmpos~ 40.00 tbot wide d~'ainage emem~at, tbr a dist~ of 12g.81 f~ ~ a po~t in Ii~ ofl~ now or formerly of Chiles A. and Eile=n P. Cmr~i; th~ p~i~ly ~ong s~d I~& of Oe~i, ~d P~ally along '.m~ds ~ow or formerly erG. Mie~l ~d ~1 S. M~e~ md ai~g tho ~nt~iine of enid =xistmg 30.00 foot wide &aisc ~cn~ No~ 71 d~ ~ minutes 45 s~nds West,/bt a distance of 118.45 feet, to ~ poi~ in li~ of~=r lin& a~or fo~crly of'lt~ M~Naughton Comply; ~ ~o~ s~d lands ofMcNaug~o~ ~ ~u~ ~d ~ti.~ ~0.00 tbot ~ drain~e c~cmcnt ~d a pmpos~ 40.00 f~t w~c ~c ~cm~t, No~ t8 degre~ 34 ~utes 15 seconds E~ for a ~ of l~.00 f~t, m a po~t on ~e Sot~ fight~f-way I~ of Aspen Line (50.00 feet wi~); ~m ~ong s~d figl~f.~y litte 8o~h 71 de~ees 25 minutes 45 s~onds East, far a di~nee ofS0.4g ~, ~ a ~int on th~ ~ ora o~to gmv~g to flx~ le~ ~ving a radius of 175.00 feet, a~ an ~ l~g& af27.74 teat, to a~i~ md ~ place of BEG~G. 'Vais piece, parcel or lot of land consists ofappto~|mately 13,577.45 square feet et'land, m~d is known and numbered as Lot No. 1 ! 9 on th~ Final Subdivision Plan for Wcstl~u~y. Phase 6-B, which is recorded in Cumberland County in Plan Book 83, P~go 129. BEING THE SAME PREMISES which The Mcnaughton Company, a Pennsylvania Corporation, by its Deed dated~~%~ ~\ ,2003 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto William J. Saccary and Natalie Saccary, h/w Mortgagors herein. PA3 Form 4100