HomeMy WebLinkAbout03-2285STIPULATION AGAINST LIENS
THIS AGREEMENT made this 13th day of May, 2003, by and between D.
CULLY, INC., D/B/A C & C CONSTRUCTION, A Pennsylvania Corporation,
hereinafter referred to as Contractor,
AND
FRED A. GETTYS AND YVONNE W. GETTYS, husband and wife hereinafter referred
to as Owner, whereby the contractor undertook and agreed to erected and
construct a dwelling on the certain lot of ground situate in North Jiddleton
Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot
89 Cottonwood Court, Carlisle, PA 17013.
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
SENCE OF
D. CULLY, INC. D/B/A
· By: Sean~/
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
On this, the 13th day of May, 2003, before me, the undersigned officer,
personally appeared Sean Cully who acknowledged himself fo be the Secretary
of D. Dully, Inc. d/b/a C & C Construction and that he as such Secretary 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
Secretary.
IN WITNESS WHEREOF, I hereunto se~~.~..~/...¢~~
Exhibit A
All that cedain 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 eastern right-of-way line of Cottonwood Court
(a fifty foot right-of-way) said point being located the following two (2) courses
from the terminus of a curve connecting said eastern right-of-way line of
Cottonwood Court to the southern right-of-way line of Regal View 1 ) South seven
degrees, twenty-nine minutes, eighteen seconds West (S 07° 29' 18"' W), a distance
of two hundred nine feet (209.00'); 2} by a curve to the right, having a radius fifty
feet (R = 50.00'), an arc distance of eighty-one and fifty-seven hundredth feet
(A/L = 81.57') to a point; thence from said point of Beginning, by the line of Lot No.
88 South ten degrees, fifty-seven minutes, sixteen seconds West (S 10° 57' 16" W),
a distance of one hundred forty-six and twenty-nine hundredth feet (146.29') to a
point; thence by land now or late of the Township of North Middleton South
seventy-three degrees, forty-four minutes, five seconds West (S 73° 44' 05" W), a
distance of ninety-nine and sixty-four hundredth feet (99.64') to a point; thence by
other land now or late of Fred Gettys North eleven degrees, eleven minutes, forty-
four seconds West (N 11 o 11' 44"W), a distance of seventy and forty-three
hundredth feet (70.43') to a point; thence by Lot No. 90 North forty-four degrees,
three minutes, twenty-nine seconds East (N 44° 03' 29" E), a distance of one
hundred sixty and eighty-five hundredth feet (160.85') to a point; thence by the
right-of-way line of Cottonwood Court, by a curve to the left, having a radius fifty
feet (R = 50.00"), an arc distance of twenty-eight and eighty-nine hundredth feet
(A/L = 28.89") to a point, the place of Beginning. Said tract contains 14,114.65
square feet or 0.3240 acres.
Being Lot No. 89 on the Final Subdivision Plan for North Ridge Phase 3 in Plan
Book 85, Page 106.