HomeMy WebLinkAbout03-1298STIPULATION AGAINST LIEN~
MICHAEL E. BROOKS AND LUANN
BROOKS, Owner
FM CONSTRUCTION, a Sole
Proprietorship, Contractor
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLg2XlD COUNTY, PENNSYLVg2qIA
: NUMBER ~3'/~f TERM, 2003
:
:
WHEREAS, Michael E. Brooks and LuAnn Brooks, of Hummelstown,
Dauphin County, Pennsylvania, the Owner, contemporaneously herewith
has executed or is about to execute a contract with FM
Construction, a Sole Proprietorship, of Mount Joy, Pennsylvania,
the Contractor, for the construction of a dwelling house, and
related structures or improvements, upon that certain land situate
in Lower Allen Township, Cumberland County, Pennsylvania, more
particularly bounded and described as set forth in Exhibit "A"
attached hereto and made a part hereof.
NOW, March ~1 , 2003, at the time of and immediately before
the execution of the said principal contract, and before any
authority has been given by the said Owner to the said Contractor
to commence work on, or to furnish or purchase materials for the
aforesaid buildings or construction, in consideration of the making
of said contract with said Contractor and the further consideration
of One Dollar to said Contractor paid by said Owner, it is agreed
that no liens or claims shall be filed or made against said
buildings and/or land, or any part, piece, parcel or lot thereof,
by said Contractor, or any sub-contractor, or by any materialmen,
workmen or other persons for or on account of any labor provided or
materials furnished or purchased, or any extra labor or materials
provided, furnished or purchased for said buildings or
construction, hereby expressly waiving any and all rights to file
or make such liens and claims.
AND, in furtherance hereof, the said Contractor does hereby
represent and warrant that as of the time of the execution hereof,
neither said Contractor, nor any sub-contractors, materialmen,
workmen or any other persons have commenced any work on, or
furnished or purchased any materials for the aforesaid buildings or
construction.
IN WITNESS WHEREOF, the said Owner and Contractor, each
intending to be legally bound hereby, have duly executed this
Stipulation on the aforesaid day, month and year.
OWNER:
~1 E. Brooks
nh ~3rook~s~ -
CONTRACTOR:
FM CONSTRUCTION, a Sole
Proprietorship
Individually anG ~
Sole Proprietor
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EXHmlT 'A'
ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County
of Cumberland, Commonwealth of Pennsylvania .more particularly bounded and described as
follows to wit:
BEGINNING at a point on the northern right-of-way line of Ashbum Way Cul-De-Sac at the
dividing line between Lots Nos. 24 and 25 as shown on the hereinafter mentioned plan; thence
along the dividing line between Lots Nos. 24 and 25 North 34 degrees 43 minutes 06 seconds
West a distance of 257.03 feet to a point at lands now or late ofJolm G. Williams; thence along
the southern line of said lands of John G. Williams South 86 degrees 15 minutes 00 seconds East
a distance of370.13 feet to a point at the dividing line between Lots Nos. 23 and 24; thence along
the dividing line between Lots Nos. 23 and 24 South 40 degrees 26 minutes 36 seconds East a
distance of 249.79 feet to a point on the northern right-of-way line of Ashburn Way Cul-De-Sac;
thence along the northern right-of-way line of Ashbum Way Cul-De-Sac by a curve, curving to
the left in a westerly direction having a radius orS0.00 feet and an arc length of 65.59 feet to a
point, said point being the place of BEGINNING.
CONTAINING 42,847.56 square feet.
BEING LOt No. 24 as shown on the Final Subdivision Plan of Allen Estates. Said plan being
recorded in Plan Book 72, Page 125.