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HomeMy WebLinkAbout03-2671NATHAN C. DOUTY and LYNNE H. DOUTY, (OWNER) VS. COLEBROOK CONSTRUCTION (GENERAL CONTRACTOR) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1'774 EAST MEADOW DRIVE/CANDLELIGHT DRIVE MECHANICSBURG, CUMBERLAND COUNTY PENNSYLVANIA STIPULATION AGAINST LIEN~ WHEREAS, Nathan C. Douty and Lynne H. Douty, the OWNER of the real estate described below, has o.,._~.r is ,a_..~out. t~ ex~,j~_a co/ntract with Colebrook Construction, whose principal business address is ~)(~ (~q_t:~ ,,~,~'~"~C~ New Cumberland, Pennsylvania 17070, dwemng upon land~situate at 1774 East Meadow Drive/Candlelight Drive, to construct a single family Mechanicsburg, Cumberland County, Pennsylvania, and more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and, Colebrook Construction to commence work on said facilities, or purchase materials for same, in consideration of making of the above-described Contract with Nathan C. Douty and Lynne H. Douty, married, Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor Nathan C. Douty and Lynne H. Douty, 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-described, or upon Nathan C. Douty and Lynne H. Douty, the Owner, by the general contractor, or any of its subcontractors, or by any of the materialman 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 Nathan C. Douty and Lynne H. Douty, the Owner, being hereby expressly waived by the general contractor for itself, its subcontractors, all materialman, or workmen and other acting through or under them. IN WITNESS WHEREOF, each of the~[~(s by theirlduly authorized representatives have hereunto executed the Stipulation Against Liens this _../." '~ay of ~J/~z~,~ , 2003. WITNESS: ATTEST: EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right of way line of Candlelight Drive, said point being on the dividing line between Lots Nos. 43 and 48 on the hereinafter mentioned Plan of Lots; thence continuing along said southern dedicated right of way line of Candlelight Drive, North 42 degrees 32 minutes 39 seconds East, 113.09 feet to a concrete marker; thence continuing along same on a curve to the right having a radius of 12.00 feet and an arc length of 18.85 feet to a point on the western dedicated right of way line of Meadow Drive; thence continuing along same, South 47 degrees 27 minutes 31 seconds East, 148.00 feet to a point; thence South 42 degrees 32 minutes 39 seconds West, 125.00 feet to a point on the dividing line between Lots Nos. 43 and 48 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 47 degrees 27 minutes 31 seconds West, 160.00 feet to a point on the southern dedicated right of way line &Candlelight Drive, the place of BEGINNING. BEING Lot No. 48, in Section II, Phase III, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 72, Page 52. BEING THE SAME PREMISES which Cindy L. Arnold and Mark A. Knaub, a general partnership, by Deed dated May 27, 1998 and recorded June 18, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 179, Page 556, granted and conveyed unto Nathan C. Douty and Lynne H. Douty. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restrictive Covenants dated June 3, 1996 and recorded on June 7, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Misc. Book 521, Page 1046.