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HomeMy WebLinkAbout00-08100 , -'<-",," ,"'- ","1" -"~ '.'~'" "--'_'~".' ,-.;."-_~_ ~"-- ,""'-,__, -~ "-ll.' ;,: -, __c_ -" :',~ " -"~:~;+i"h:l"':"''':' ;;-;., ,~.:,:,,:,<;.;,,= _ -4" J~\t':;-i'> ._>,:,';:;:;'-.-~~\io-,,,i.;,>,,,,,,,~t,': ,',-;~- ':t, ..' dlb\re\harter.stip November 14, 2000 STIPULATION AGAINST LIENS KEVIN M. HARTER and KATHLEEN L. HARTER, Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. ()V .'irlW /Y) fA) T ru-- v. J. W. MUMPER CONSTRUCTION, INC., Contractor WHEREAS, KEVIN M. HARTER and KATHLEEN L. HARTER of 6345 North Powderhorn Road, Mechanicsburg, Pennsylvania 17050, is about to execute contemporaneously herewith, a contract, with J. W. MUMPER CONSTRUCTION, INC., of 1 Bull Run Court, Mechanicsburg, Pennsylvania 17050, for the erection of a building upon premises commonly known as 10 Vicksburg Court. Silver Spring Township, Mechanicsburg. Cumberland County, ~iY1Vania 17050. as set forth in the deed dated September 29,2000, and recorded October L, , at Deed Book :;1.30 , Page ~ql? , in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, November 15' , 2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: J. W. MUMPER CONSTRUCTION, INC. Bye;,,",^1 j)u~J~ JJI-- M.HARTER )f.~ HLEEN L. HARTER OWNER: aJJNJ..'fJ~ ! ~ivZL,)f~ .. ~ I -.l ..... ,.~, ~ " .-<-<'" --, .' . ~-.' ''fL, + ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of the cul-de-sac of Vicksburg Court, at the nor'thernmost corner of Lot No. 29 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 29 South 79 degrees 10 minutes 02 seconds West a distance of 293.33 feet to a point on the northern line of Lot. No. 41, Hillside Farms Phase I; THENCE along the northern line of said Lot No. 41, North 51 degrees 52 minutes 05 seconds West a distance of 149.42 feet to a point on the eastern dedicated right-of-way line of Ridge Hill Road (T-578); THENCE along the eastern dedicated right-of-way line of Ridge Hill Road North 29 degrees 10 minutes 35 seconds East a distance of 129.69 feet to a point on the southern dedicated right-of-way line of a fifty foot existing public right-of-way; THENCE along the southern dedicated right-of-way line of said public right-of-way North 64 degrees, 10 minutes, 35 seconds East a distance of 208.04 feet to a point at the westernmost comer of Lot No. 27 on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Lot No. 27 South 48 degrees, 04 minutes, 25 seconds West a distance of 238.95 feet to a point at the western right-of-way line of a cul-de-sac of Vicksburg Court; THENCE along the western right-of-way line of the cul-de-sac of Vicksburg Court by a curve to the left, having a radius of 95.00 feet, an arc length of 87.48 feet to a point on the northernmost corner of Lot No. 29 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. " IJ " J__ l_"'~'''',C,~,,-,"- '" .~, 012085-00004/9..28.00IRHWIKL T1139145.1 ~ comer of Lot No. 29 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. I'" CONTAINING 78,739.00 square feet, more or less. BEING Lot No. 28, Final Subdivision Plan for Hillside Farms - Phase II, dated September 17, 1998, last revised June 23, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. UNDER AND SUBJECT to the Second Amendment and Supplement to Declaration of Covenants and Restrictions applicable to Hillside Farms, dated June 29, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, in Misc. Book 648, Page 702, pursuant to which the Declaration of Covenants and Restrictions applicable to Hillside Farms, dated August 3D, 1996. recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 529, Page 333, and the Bylaws of Hillside Farms Homeowners' Association. Inc. dated August 30, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 529, Page 354, were made applicable to the real estate within the above referenced Final Subdivision Plan. FURTHER UNDER AND SUBJECT to wetlandlconservation easement across the western portion of the premises, 'containing delineated wetlands as shown on the above referenced Final Subdivision Plan, being more particularly bounded and described as follows: Beginning at a point on the intersection of the eastern dedicated right-of-way line of Ridge Hill Road (T-578) and the southern dedicated right-of-way line of a fifty foot existing public right-of-way; thence through Lot No. 28 on the above referenced Final Subdivision Plan south 32 degrees, 12 minutes, 42 seconds East a distance of 227.72 feet to a point on the northern line of Lot No. 29 on the above referenced Final Subdivision Plan; thence along the northern line of said Lot No. 29 South 79 degrees, 10 minutes, 02 seconds West a distance of 70.00 feet, more or less to the northern line of Lot No. 41, Hillside Farms Phase I; thence along the northern line of said Lot No. 41 North 51 degrees, 52 rninutes, 05 seconds West a distance of 149.42 feet to a point on the eastern dedicated right-of-way line of Ridge Hill Road (T-578); thence along the eastern dedicated right-of-way line of Ridge Hill Road North 29 degrees, 10 minutes, 35 seconds East a distance of 129.69 feet to a point at the intersection of said right-of-way line with the southern dedicated right-of- way line of a fifty foot existing public right-of-way, the point and place of beginning. Said delineated wetlands area shall remain undisturbed, and any modification of such wetlands area shall be subject to the approval of the Pennsylvania Department of Evnironmental Protection and the Cumberland County Soil Conservation Service, as set forth in General Note NO.5 on the above referenced Final Subdivision Plan. FURTHER UNDER AND SUBJECT to a twenty foot drainage easement across the western portion of the premises, as shown on the above referenced Final Subdivision Plan. BEING PART OF THE SAME PREMIS,ES which Martha D. Hempt, widow, by her deed dated November 10,1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 211, page 710, granted and conveyed unto Hempt Realty, LTD., Grantor herein. 2