Loading...
HomeMy WebLinkAbout03-1271JONATHAN R. FRITZ and AMANDA J. FRITZ, Owners DAVID THOMPSON t/d/b/a HOME DESIGNS UNLIMITED ~, J~l~.,~ Contractor IN THE COURT OF COMMON PLEAS OF CUMBE~D COUNTY, PENNSYLVANIA NO. 0S- /~7/ f~,~ ~ STIPUI~TION AGAINST LIENS WHEREAS, JONATHAN H. FRITZ and AMANDA J. FRITZ, husband and wife ("Owners"), the Owners of the real estate described herein have executed a Contract dated February 21, 2003 with Home Designs Unlimited ("Contractor"), whose principal place of business is located at P.O. Box 387, new Kingstown, Pennsylvania 17072 for the construction of a two-story house with two-car garage situate at 5850 Spring Tree Court, known as Lot No. 46, Westbury, Hampden Township, Cumberland County, Pennsylvania as more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this i ~ day of March, 2003, before any authority had been given by Owners to Contractor to commence work on said house or purchase materials for same, in consideration of making of the above-described Contract between Owners and Contractor, and in further consideration of One ($1.00) Dollar paid to Contractor by Owners, the receipt whereof is hereby acknowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Owners' facilities and the land described herein or any interest of Owners therein by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or abut the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and the land described herein, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. PAGE IN WITNE~ WHEREOF, each of the part/es have hereunto executed the Stipulation Aga/nst Liens this ~ ~ day of March, 2003. CONTRACTOR: HOME DESIGNS UNLIMITED EXHIBIT "A" PARCEL NO. 10-13-0991-042 ALL that certain, parcel or lot of land situate in Hampden Township, Cumberland County, Pennsylvania and bounded and described as follows: BEGINNING at a point on the Western right-of-way line of the cul-de-sac on Spring Tree Court (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 45; thence along the Northern boundary line of Lot No. 45, and along the centerline of a 25.00 foot wide drainage easement, South 80 degrees 15 minutes 15 seconds West, for a distance of 104.97 feet, to a point in line of other lands now or formerly of The McNaughton Company; thence along said lands of The McNaughton Company, and through said 25.00 foot wide drainage easement, North 08 degrees 05 minutes 15 seconds East, and through a designated conservation easement, for a distance of 175.02 feet, to a point at the Northwestern corner of Lot No. 47; thence along the Western boundary line of Lot No. 47, and through said designated conservation easement, South 41 degrees 03 minutes 45 seconds East, for a distance of 145.02 feet, to a point on the Western right-of-way of the cul-de-sac of Spring Tree Court (50.00 feet wide); thence along said right-of-way line, on the arc of a circle curving to the left, having a radius of 50.00 feet, and an arc length of 51.21 feet, and passing through said 25.00 foot wide drainage easement, to the point and place of BEGINNING. This piece, parcel or lot of land consists of approximately 11,629.17 square feet of land, and is known and numbered as Lot No. 46 on the Final Subdivision for Westbury - Phase III, which is recorded in Cumberland County in Plan Book 71, Page 119. UNDER AND SUBJECT TO: (a) (b) (c) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. Plan notes prohibiting the construction of any structure (other than a fence, uncovered steps and entrance canopies - not greater than three (3) feet in depth and six (6) feet in width) within any fifty (50) foot buffer yard shown on the subdivision plan of record. (d) The Declaration of Covenants and Restrictions which is recorded in the Office of the Recorder of Deed for Cumberland County in Miscellaneous Book 515, Page 957, as may be applicable to the premises. BEING THE SAME PREMISES The McNaughton Company by its Deed dated March 21, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book _ _, Page _ _, granted and conveyed unto Jonathan Fritz and Amanda Fritz, The McNaughton Company, a Pennsylvania Corporation, Grantor. :320875 _1