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HomeMy WebLinkAbout00-08286 '( 'L "' " , ~:"':";"'hl" f*>. : IJ S. DALE SHEETS and W ALTER S. SHEETS, IN THE COURT OF COMMON PLEAS OF Owners CUMBERLAND COUNTY, PENNSYLVANIA v. HARRY S. CLAYPOOL, III, individually and doing business as CLAYPOOL BUilDING, Contractor NO. tRf 't~<6(.o 11/1L j) STIPULATION AGAINST LIENS WHEREAS, S. Dale Sheets, with an address of Box 50, Montandon. Pennsylvania 17850 and Walter S. Sheets, with an address of 1179 Fleming Drive, Mechanicsburg, Pennsylvania 17055 (the "Owners"), have executed or are about to execute contemporaneously herewith a contract with Harry S. Claypool, 111, individually and doing business as Claypool Building, a Pennsylvania sole proprietorship, with a mailing address of 15 West Mulberry Hill Road, Carlisle, Pennsylvania (the "Contractor"), for the construction of a single family home, containing approximately 5,300 square feet of space (coilectively the "Improvements") on Lot No 48 on the Final Subdivision Plan for High Meadow, Phase 4 with an address of Canyon Creek, Lower Allen Township, Cumberiand County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). AND NOW, on November~, 2000, before any authority has been given by the Owners to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter Into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, and in consideration of the making of said contract with the Owner and in further consideration of One ($1.00) Dollar, paid by the Owners to Contractor, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by and of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for Itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract of the Contractor, that the right to file a mechanic's lien, , II ~~I' , .... ..... under the provisions of law andlor of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, the Owners and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: Walter S. Sheets (2ESS: . :L ;Ju~L___ CONTRACTOR: H~~# t2LiJ (~ Claypool Building, a Pennsylvania sole proprietorship By:7~3~~ Harry S. Claypool, iii (SEAL) F:ldrg17851 - Sheets, Walter S. & S. Dalel11009 - Acquisition of Lot 48, High Meadow, Lower Allen TownshiplDocumenlslSTIPULATION AGAINST MECHANICS' L1ENS.doc ,"-,,",-I , ~ . ..... , . EXHIBIT" A" All that certain lot or tract of land situated at the intersection of Canyon Creek and Choco Chase in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 48 on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27,1997, as recorded in Plan Book 75, Page 94, said lot being more particularly bounded and described as follows: BEGINNING at a point, on the western right-of-way line of Canyon Creek, said point being the northwestern corner of the above described lot and the northeastern corner of Lot 45 of the above referenced subdivision plan; thence along the same right-of-way, the following four (4) courses and distances: 1) North thirty-six degrees seven minutes thirty-nine seconds East (N 36" 07' 39" E), twenty-three and ninety-four hundredthS (23.94) feet to a point; 2) a curve to the right with a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of eighty-one and thirteen hundredths (81.13) feet to a point; 3) North sixty- two degrees forty-one minutes twenty-seven seconds East (N 62" 41' 27" E), one hundred twenty-seven and fifty-nine hundredths (127.59) feet to a point; 4) a curve to the right with a radius of ten and zero hundredths (10.00) feet and an arc length of fifteen and seventy-one hundredths (15.71) feet to a point on the right-of- way of Choco Chase; thence along the right-of-way of Choco Chase, the following two (2) courses and distances: 1) South twenty-seven degrees eighteen minutes thirty-three seconds East (S 27" 18' 33" E), seventy-nine and fifty-two hundredths (79.52) feet to a point, being a concrete monument; 2) a curve to the right with a radius of two hundred seventy-five and zero hundredths (275.00) feet and an arc length of seventy-seven and ninety-seven hundredths (77.97) feet to a point; thence along the northern property line of Lot 47, South seventy-five degrees nine minutes Ihirteen seconds West (S 75" 09' 13"W). one hundred eighty-one and fifty-one hundredths (181.51) feet to a point; thence along the eastern property line of Lot 45, North fifty-three degrees fifty-two minutes twenty-one seconds West (N 53" 52' 21" W), one hundred nine and sixty-eight hundredths (109.68) feet to a point, being the POINT OF BEGINNING. .,IJ ~~.,,: ~('" ~JiI\ii..'HIll~_t;1f,j~ll!k,~o;g.1'-;ljjll'Mil~~"j"1L'ii'~'''"",,,-,,-,",;,,;,, ,,,,,,,,,,,,.;,,,,,,,,,,,,-til,,,,".glr;l-.!~ilJ.Iiiirll1;jj~m Iiil!lA'il!l!i'a;rll"I( ~'< d""""''',....,...;. 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