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HomeMy WebLinkAbout03-2676STIPULATION AGAINST LIENS ROBERT H. WERTZ, JR. and TRACY W. WERTZ, McNAUGHTON HOMES, INC., Contractor Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. o% tC0 ;O .V WHEREAS, ROBERT H. WERTZ, JR. and TRACY W. WERTZ of 503 James Street, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with McNaughton Homes, Inc. of 4400 Deer Path Road, Harrisburg, Pennsylvania, for the erection of a building upon premises commonly known as 2201 CANTERBURY DRIVE, Township UPPER ALLEN, CUMBERLAND County, Pennsylvania, as set forth in the deed dated , recorded at Deed Book , Page , in the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, June 4, 2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: Mc~%HTON ~.~ES, INC. OWNER: ~ T~C~W~RTZ EXItlBIT "A' ALL that certain piece, parcel or lot of land situate in Upper Allen township, Cumberland County, Pennsylvania, and bounded and described as follows: B EOINNING at a point on the Southern right-of-way line of Cantcrbnry Drive (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 179; t}mn along said right-of-way line on the arc of a circle curving to the right, having a radius of 250.00 feet, and an arc length of 82.52 feet, to a point along same; then South 69 degrees 46 minutes 06 seconds East,/'or a distmme of 63.29 feet, to a point at the Northwestern cornet' of Lot No. 181; then along the Western boundary line of Lot No. 181, South 20 degrees i3 minutes 54 seconds West, and through a 25.00 foot wide drainage easement, R~r a distance of 157.41 feet, to a point line of other lands now or formerly of The McNaughton Company; then along said other lands et' McNsughton, and along the centerline of said 25.00 foot wide drainage easement, South 88 degrees 34 minutes 05 seconds West, for a distmme of 81.00 feet, to a point at thc Southeastern corner of Lot No. 179; then along the Eastern boundary line of Lot No. 179, and through said 25.00 foot wide drainage easement, North 01 degree 25 mintttes 55 seconds West, for a distance of 187.03 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land consists ora ' · pproxnnately 19,547 square feet of land, and is known and numbered as Lot No. 180 on the Final Re-Subdivision Plan for Canterbury Estates, Phases IX and X, which is recorded in Cumberland County in Plan Book 83, Page 91. U'NDER AND SUBJECT TO: (al Any and all easements licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Aaxy and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and ,all prior agreement.a, leases, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland Count7 in Record Book 679, Page 1916, as may be applicable to the premises.