HomeMy WebLinkAbout03-0767~e\misc\Kelly
STIPULATION AGAINST LIENS
by and between Home Designs Unlimited
hereinafter referred to as Contractor,
AND
Bernard V. Kelly, Jr. and Michele A. Kelly, h/w
hereinafter referred to as Owner, whereby the former undertook and agreed to construct a
single family dwelling, in 5730 Aspen Lane Enola, Pa 17025, Hampden Township, Cumberland
County, Pennsylvania, more particularly described in exhibit "A",
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and
in consideration of the sum of One (1.00) dollar 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 tot of ground appurtenan6 thereto for or on account of any work done or materials
furnished by ~hem or any of them under said contract or otherwise, for, towards, in, or
abou~ 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
ome Designs Unlimited
(David R. Thompson)
Bernard V. Kelly, Jr.
(SEAL)
(SEAL)
Mich~le A. Kelly
(SEAL)
LEGAL DESCRIPTION
AI.L that ccrtain piece, parcel or lot of land situate in Hampden Township, Cumber;.'-.w.
County, Pennsylvania, and bounded and describcd as follows:
BEGINNING at a point on the Westexn right-of-way line of Aspen Lane (50.00 feet
wide), said point being located at the Northeastern comer of Lot No. 128; then along the
Northern boundary line oCLot No. 128, and along the eenterline ora proposed 20.00 foe~. wide
storm sewer easement, North 87 degrees 29 minutes 31 seconds West, for a distance of i 14 2R
ti:et, to a point in line of land now or formerly of The McNaughton Company; then along sma
lands of McNaughton, and continuing along the eenterline of said proposed 20.00 tbot wide
storm sewer easement, North 10 degrees 35 minutes 45 seconds West, for a distance of 157.26
t'cet, to a point in line oflands n.w or formerly of Robert S. and Cheri Jo Berry; then along s6d
lands of Berry, and through said proposed 20.00 fi~ot wid~ storm sewer ea~sement, North 79
degrees 24 minutes 54 seconds East, tbr a distance of 105.06 feet, to a point at the Northwestern
comer of Lot No. 126; then along the Western boundary line of Lot No. 126 South 26 degrees 22
minutes 10 seconds East, tbr a distance of 152.09 feet, to a point on the right-of-way line of
Aspen Lane (50.00 ti:et wide); then along ~id right-of-way line on the are of a circle e, urv~'to
the left, having a radius of 50.00 feet, and an arc length et' 53.34 feet, to a point and the place of
BEGINNING.
This piece, parcel or lot of land consists of approximately 21,463.3510 square fcct of land, a.v2 ia
known and numbered as Lot No. 127 on the Final Subdivision Plan tbr Westbury - Phase 6-R
which is recor¢lcd in Cumberland County in Plan Book 83, Page 129.
BEING ~HE SAME PREMISES which The McNaughton Company by its Deed
dated-~-~k~%~ \~ ,2003 and about to be recorded in the
Office of the Re'corder of Deeds in and for Cumberland County,
Pennsylvania, granted and conveyed unto Bernard V. Kelly, Jr. and
Michele A. Kelly, h/w Mortgagors herein.
PA3
Form 4100