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HomeMy WebLinkAbout03-1202STIPULATION AGAINST LIENS THIS AGREEMENT made this and between day of Mar~ , 2003, by Lone Tree Inc., hereinafter referred to as Contractor, BRIAN J. GEARHART and MICHELLEM. GEARHART, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a single family dwelling situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, known as 5 West View Drive, North Middleton Township, Cumberland County, Pennsylvania and more fully described in Exhibit "A" which is attached hereto and made a part hereof. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($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 itself, himself or themselves and its, his or 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 itself, himself or themselves, its, his or 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 LTH OF PENNSYLVANIA : COUN F CUMBERLAND : : On the day of Undersigned of u, personally appeared Michelle M. Gearhar and wif~ satisfactorily prOVen/ subscribed to the Within executed the same fo IN WITNESS seal. , 2003 be me, the J- Gearhart and n to me (or n whose names are It, and acknowledged that purposes )F, I hereunto seal. they ncontained. set m~ officia1 AL ) ~'~OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this, the ]~~day o~ 2003, before me a Notary Public, the undersigned officer, personally appeared Keven D. Kurcina, who acknowledged himself to be the Vice-President of Lone Tree Inc.a Corporation, and that he as such Vice-President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such Vice-President. IN WITNESS WHEREOF, I here , I Exhibit A ALL that certain plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Long View (a 50 foot right of way) said point being at the Southeast corner of Cross Creek Subdivision; thence by Cross Creek Subdivision, North 00 degrees 10 minutes 19 seconds West, a distance of 115.00 feet to a point at future North Ridge Phases; thence by future North Ridge Phases, North 89 degrees 49 minutes 41 seconds East, a distance of 190.00 feet to a point at the western right of way line of West View (a 50 foot right of way); thence by the western right of way line of 103.53 feet to a point at the intersection of West View and Long View (a 50 foot right of way); thence by a curve extending to the right in a westerly direction having a radius of 11.00 feet, an arc length of 17.01 feet to a point on the northern right of way line of Long View; extending to the right in a westerly direction having a radius of 1,975.00 feet an arc length of 48.99 feet to a point; thence continuing along the northern right of way of Long View, South 89 degrees 52 minutes 21 seconds West, a distance of 130.28 feet to a point at Cross Creek Subdivision, the point and place of BEGINNING. BEING Lot No. 29 on the Final Subdivision Plan for North Ridge Phase IV as recorded in Cumberland County Plan Book Page