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HomeMy WebLinkAbout03-2298STIPULATION AGAINST LIENS THIS AGREEMENT, made the 13th day of May, 2003, by and between GLENN D. LIVELSBERGER, INC., T/A HERITAGE BUILDERS, a Pennsylvania corporation, hereinafter referred to as Contractor, and RONALD E. WALBORN and NANCY J. WALBORN, his wife, hereinafter referred to as Owner. WHEREAS, by Agreement dated April 16, 2003, the Contractor has undertaken and agreed to erect and construct a residence on Owner's real property known and numbered as Lot 12, River Bend, a Planned Community, East Pennsboro Township, Cumberland County, Pennsylvania, and as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One and 00/100 ($1.00) Dollar to it in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims 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 themselves, 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 this 13th day of May, 2003. ATTEST: GLENN D. LIVELSI~ERGER, INC. t/aBy: /~)~ ~----~~HE~TAGE BUI~(~)ERS , / Glenn D. Livelsberger, President (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the 1'~ day of May, 2003, before me, a Notary Public, personally appeared Glenn D. Livelsberger, who acknowledges himself to be the President of Glenn D. Livelsberger, Inc., t/a Heritage Builders, a corporation, and that he as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) SS. On this, the 13th day of May, 2003, before me, a Notary Public, personally appeared RONALD E. WALBORN and NANCY J. WALBORN, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. EXHIBIT A ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township, Cumberland County, Pennsylvania; designated as Unit No. 12 on the Preliminary/Final Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November 15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being designated as Unit No. 12 in a Declaration of River Bend, A Planned Community, dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of a 40 foot wide access easement for a private road at a corner of Lot No. 11; thence by said Lot North 46 degrees 18 minutes 45 seconds West, a distance of 31.54 feet to a rebar (found) at a corner of lands now or formerly of Lehr; thence by said lands, North 29 degrees 10 minutes 24 seconds West, a distance of 776.93 feet to a stone (found) at a corner of lands now or formerly of J.A. Seidel Estate; thence by lands of Seidel, North 68 degrees 07 minutes 36 seconds East, a distance of 658.14 feet to a point at a corner of Lot No. 13; thence by said Lot the following two (2) courses and distances: (1) South 19 degrees 47 minutes 01 seconds East, a distance of 918.85 feet to a point; (2) South 03 degrees 16 minutes 35 seconds East, a distance of 90.00 feet to a point on line of Lot No. 11 and on the Southerly line of a 40 foot wide access easement for a private road; thence along said access easement and by said Lot the following three (3) courses and distances: (1) By a line curving to the right and having a radius of 1,720.00 feet, an arc length of 13.50 feet and a chord bearing of South 86 degrees 56 minutes 54 seconds West, a distance of 13.50 feet to a point; (2) By a line curving to the left and having a radius of 980.00 feet, an arc length of 435.54 feet and a chord bearing of South 74 degrees 26 minutes 28 seconds West, a distance of 431.97 feet to a point; (3) By a line curving to the right and having a radius of 80.00 feet, an arc length of 226.16 feet and a chord bearing of North 37 degrees 18 minutes 06 seconds West, a distance of 158.03 feet to a point, the Place of BEGINNING. CONTAINING 560,741 square feet or 12.87 acres. BEING the same premises which River Bend Management Limited Partnership, by its Deed dated October 30, 2002, and recorded on November 12, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Ronald E. Walborn and Nancy J. Walborn.