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HomeMy WebLinkAbout01-04165F:~FILeS~DATAFILL+~D88DSPORMS8471 da8pulatlon ~~~~ ~~~OS_ ~~ STIPULATION AGAINST LIENS THIS AGREEMENT made the y day of July, 2001, by and between. D GULLY, INC., trading and doing business as C & C CONSTRUCTION, hereinafter referred to as Contractor, and KELLY A. HOAK and JOSEPH R. FAZIO, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate referred to as Lot No. 15, Phase II, Village of Cross Creek, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto and made apart hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and 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 themselves and 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 funrished 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. f WITNESS our hands and seals this "~ Signed, Sealed and Delivered in the presence of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND day of July, 2001. SS On this, the ~~ day of July, 2001, before me the undersigned officer, personally appeazed KELLY A. HOAK and JOSEPH R. FAZIO, known to me or satisfactorily proven to be the persons whose names aze 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. z} ~= . (19t Q ~. Notary Public NOTARIAL SEAL BARBARA S. WILDAV, Notary Public Carlisle Boro., Cumberland County My Commission Expires Feb. 18, 2002 D CULLY, INC., trading and doing business as COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the ~ day of July, 2001, before me the undersigned officer, personally appeazed SEAN CULLY, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President of D CULLY, INC., trading and doing business as C & C CONSTRUCTION, a Pennsylvania corporation, and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as. In witness whereof I have hereunto set my hand and notarial seal. NOTARIAL SEAL fARBARA S. WILDAY, Notary Public Carlisle Boro., Cumberland County EXHIBTT "A" ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pemvsylvania, designated as Lot No. 15 on the Preliminary/Final Subdivision Plan for Penta Staz Investments, Inc. dated August 24, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Permsylvania, in Plan Book 80, Page 125, more particulazly bounded and described, as follows: BEGINNING at a point on western right of way line of Pine Creek Drive, said point being at the nortltwestem corner of Lot #14; thence, along Lot #14 South 47 degrees 37 minutes 32 seconds West a distance of 246.34 feet to a point; thence, by other lands of the Village of Cross Creek North 02 degrees 22 minutes 55 seconds West a distance of 152.68 feet to a point; thence, by Lot #16 North 63 degrees 59 minutes 44 seconds East a distance of 165.04 feet to a point; thence, along the western right of way lien of Pine Creek Drive by a curve to the left having a radius of 250.00 feet and an arc length of 71.43 feet to a point; the Place of BEGINNING. BEING Lot No. 15 on the Final Subdivision Plan for Phase II of the Village of Cross Creek dated July 20, 2000 and recorded December 5, 2000 in Plan Book 892, Page 53. :,~ ~fl ~:~~ ~ ~~::, ~!~J ~1~\" ~~ [. I ..~ r r is ~:~'~ r' y ~ _` ~i ~ '~-l ail ~'t I ~I+i 1 [1 (~ V N\ ~%