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HomeMy WebLinkAbout01-7203 FX - ~~ "1-". "~ ;.,. ~"" W" 0 .!.l1 -hlji'tI.~M,.i,!~iiwii~,i '\ JAMES R. HEISMAN, and APRIL M. HEISMAN, his wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (OWNER) NO. 0)- t;IcG IYlLD vs. THE McNAUGHTON COMPANY, LOT #91, WESTBURY DRIVE, ENOLA CUMBERLAND COUNTY, PENNSYLVANIA {GENERAL CONTRACTOR} STIPULATION AGAINST LIENS WHEREAS, James R. Heisman and April M. Heiman, his wife, the OWNER of the real estate described below, has or is about to execute a contract with The McNauahton Companv , whose principal business address is Pennsylvania, to construct a single family dwelling upon lands situate at Lot #91, Westbury Drive, Enola, Cumberland County, Pennsylvania, and more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and, NOW, THEREFORE, this ~ day of SJQC(J~Q.\ , 2001, before any authority had been given by The McNaullhton Comoanv to commence work on said facilities, or purchase materials for same, in consideration of making of the above-described Contract with James R. Heisman and April M. Heisman, his wife, Owner, and in further consideration of One ($1.00\ Dollar paid to the general contractor by James R. Heisman and April M. Heisman, his wife, Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-d~scribed, or upon James R. Heisman and April M. Heisman, his wife, the Owner, by the general contractor, or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities, the land above-described, and James R. Heisman and April M. Heisman, his wife, the Owner, being hereby expressly waived by the general contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto executed the Stipulation Against Liens this _ day of , 2001. WITNESS: A TTES~.~"/ .;/~~ CONT ACTOR: -~ ~~!~~~b/'~_~;'lWiW'"'1t.i~,g'~'~I;iilii.,~/,~'j';"" Fe'",_ [,==. '''''''''' ~_ __~,~ = "'0',",. ,i,'".", ",,':HC;".; ~ ;6',1"':0..' :jl4jtil!(O;[~~;i:!Jti~ilili!il:!l3,}~jj;-wih'!letL"iiil~f1~{!j~1M\l'f '* '- 110 ~ ...... -..r:: '0 ~ ~ .....J ~ _" .,' ~~'.~ ~ ~ ,~_,,_~'.~,r'1_7-,o_,~,~,,'T"''''',='">':.',''',''"'" '. " '" ,"-~., ",.. -. . ,>"',,,", . ,'. ~ S '--0 $t. ~ ~ ~ ~ S> '" :J .S> o c < -Uaj mrn Z::c Z..." (j) ~~ r:SC' :<::: . P,,, ~I~ ~- -' -,- :~ .< ~ :--- ~" ~ ~ ~ .l::l " ?'" _<" .~'o, ,~,~__ ~ ,~ ~_ ~," ~llllMJlJiilll!lSlIlJl r o o " D ,,, -C"J N CO ;'iJ:i IT' '1.i l~' _;:J~ ~:5.Tj -_'70 Orn -.j 'l> ::0 -< ",. :J:: co N N ~ , "" ^" " ~. ~ ,., t ALL that certain piece, parcel or lot ofland situate in Hampden Township. Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Eastern right-ot~way line of Huntington Commons (50.00 feet wide); said point being located at the Southwestern corner of Lot No. 90: then along the Southern boundary line of Lot No. 90 North 61 degrees 12 minutes 00 seconds East. for a distance of 127.75 feet, to a point at the Northwestern corner of Lot No. 92: then along the Western boundary line of Lot No. 92 South 24 degrees 38 minutes 43 seconds East, for a distance of 102.21 feet. to a point on the Northern right-ot~way line of Westbury Drive (50.00 feet wide); then along said right-ot~way line of Westbury Drive (50.00 feet wide) on the arc of a circle curving to the left. having a radius of350.00 feet. and an arc length of78.50 feet. to a point; then along same South 52 degrees 30 minutes 15 seconds West. for a distance of 18.26 feet. to a point on the arc of a circle curving to the right, having a radius of 25.00 feet. and an arc length of 44.51 feet, to a point on the Eastern right-ot~way line of Huntington Commons (50.00 feet wide); then along said right-of-way line North 25 degrees 29 minutes 45 seconds West. for a distance of 81.79 feet, to a point and the pbce of BEGINNING. This piece, parcel or lot of land consists of Clpproximately 13,064.13 square feet of land. and is known and numbered as Lot No. 91 on the Final Subdivision Plan for Westbury - Phase IV, which is recorded in Cumberland County in Plan Book 79 , Page 89. UNDER AND SUBJECT TO: (a) Anv and all easements, licenses. exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. . (b) Any and all easements, licenses, exceptions. reservations. covenants. agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. (c) Plan notes prohibiting the construction of any structure (other than a fence. uncovered steps and entrance canopies -- not greater than 3 feet in depth and 6 feet in width) within any 50 foot butler yard shov-in on the subdivision plan of record. (d) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland County in Miscellaneous Book 626. Page 163, as may be applicable to the premises. "~""'~"'^"~a__ .