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HomeMy WebLinkAbout03-2650STIPULATION AGAINST LIENS THIS AGREEMENT made the 30th day of May ,2003, by and between JS CONSTRUCTION, INC., hereinafter referred to as CONTRACTOR, M. KATHLEEN GARBRICK, hereinafter referred to as OWNER, whereby the former undertook and agreed to erect and construct a single family dwelling, on that certain lot of ground situate in the Township of Upper Allen, County of Cumberland, Pennsylvania, more particularly known as: 2463 Cocklin Court, Lot 81, Mechanicsburg, PA 17055 NOW THEREFORE, this agreement witnesseth: That the said Contractor, for and in consideration of the sum of(S1.00) 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 mechanics' lien 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 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 30th day of May .2003. / c TRuc oN, Owner Owner ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referenced below, as "Ashcombe Farms P.R.D., a Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § § 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Declaration"), dated April 6, 1998, recorded April 13, 1998, in Miscellaneous Book 573, Page 407, as amended by First Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded March 19, 1999, in Miscellaneous Book 607, Page 440, by Second Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded October 13, 1999, in Miscellaneous Book 627, Page 652, by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801, and as further amended by Fifth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fifth Amendment") dated January 29, 2003, recorded February 7, 2003, in Miscellaneous Book 694, Page 1120, being and designated in such Declaration, as amended, as Lot No. 81 (Identifying Number), described in Paragraph 7 of the Fifth Amendment and shown (and described) in Exhibit D-1 of the Fifth Amendment. Lot No. 81 contains 9,572.90 square feet, more or less. BEING LOT NO. 81 on a Final Subdivision Plan titled "Ashcombe Farms P.R.D. Phase 5 Final Subdivision Plan" dated May 31, 2001, last revised August 29, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 86, Page 69. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to, Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated April. 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 573, Page 407, First Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 607, Page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 627, Page 652, Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated Oecember 2, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 667, Page 650, Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801, and Fifth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community dated January 29, 2003, recorded February 7, 2003, in Miscellaneous Book 694, Page 1120, and under and subject to easements and rights-of-way of record and visible by inspection.