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HomeMy WebLinkAbout03-2698STIPULATION AGAINST LIENS THIS AGREEMENT made the 30th of April, 2003, by and between HAUBERT HOMES, INC., Contractor, MARIO A. BILLOW AND WINDY J. BOHENSKY, 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 East Pennsboro Township, Cumberland County, Pennsylvania, more particularly described in attached Exhibit "A", also referred to as 38 Blue Spruce Drive, Enola, Pennsylvania. NOW THEREFORE, THIS AGREE~"NT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Haubert Homes, Inc. 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 furnished by them or any of them under said contract or otherwise, for, towards, the erection and construction of the said buildings in, or about 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 April, 2003. Signed, Sealed and Delivered in the Presence of EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the southwestern right-of-way line of Blue Spruce Drive (50' wide) at the dividing line between lots #33 and #34 as shown on the hereinafter mentioned plan; thence along the right-of-way line of Blue Spruce Drive by a curve, curving to the left in a southeasterly direction having a radius of 200.00' feet and an arc length of 71.49' feet to a point at the dividing line between lots #34 and #35; thence along the dividing line between lots #34 and #35 South 09 degrees 41' 02" West a distance of 106.71' feet to a point at the dividing line between lots #34, #35, and #64 Plan of Phase 3 recorded in Plan Book 78, Page 114; thence along the dividing line between lot #34 and lots #64 and #65 South 86 degrees 02' 23" West a distance of 119.74, feet to a point at the dividing line between lots #34, #65 and #66; thence along the dividing line between lots #34 and #66 North 29 degrees 34' 53" West a distance of 9.49' feet to a point at the dividing line between lots #33, #34 and #66; thence along the dividing line between lots #33 and #34 North 30 degrees 09' 52" East a distance of 149.72' feet to a point on the southwestern right-of-way line of Blue Spruce Drive, said point being the place of BEGINNING. CONTAINING 12,127.83 S.F. BEING lot #34 as shown on the Final Subdivision Plan of Penn Valley, Phase 4. Recorded in Plan Book 82, Page 67. BEING THE SAME PREMISES WHICH Logan's Run Associates, a Pennsylvania General partnership, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Mario A Billow and Windy J. Bohensky. ·