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HomeMy WebLinkAbout03-2731 STIPULATION AGAINST LIENS THIS AGREEMENT made this,,~y of Mj'~,~ 2.00~, by and between D. CULLY, INC., D/B/A C & C CONSTRUCTION, A Penr~sylv~ma Corporation, hereinafter referred to as Contractor, AND FRED A. GETTYS and YVONNE W. GETrYS, husband and wife, hereinafter reterred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in North Jiddleton Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 86 Phase III, North Ridge. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or 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, in, or about the erection and construction of the said buildings on the lot c;l)ove described, and the said Contractor, for itself, himself or themselves, its, his or 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 the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF D. C U LXY,..L Fred A. Gettys COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of 2003, before me, the undersigned officer, personally appeared Sean Cully who acknowledged himself to be the Secretary of D. Dully, Inc. d/b/a C & C Construction and that he as such Secretary b~ing authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such Secretary. [- K~uo~cI~[(,~I~EiEEOF[ I hereunto set my hand,~q?,d~fficia_l s~ ! CARLISLE BORO, CUMBERLAND COUNTY [ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : . ~x.,/~f~ ~ day t,,,_.~(~e~ ,2003, before me, the undersigned officer, On this, personally appeared Fred A. Gettys and Yvonne W. Gettys, husband and wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I herf~mpto set my hand and official seal. I :: ;E b. uuRFq^v, ,ota~ -.~- I -"( SEAL) ! . Boro, Cumberlanc ....... X ALL that certain plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of Cottonwood Court (a fifty foot right of way) said point being located South seven degrees, twenty-nine minutes, eighteen seconds West (S 07° 29' 18" W), a distance of one hundred eighty-five feet (185.00') from the terminus of a curve connecting said eastern right of way line of Cottonwood Court to the southern right of way line of Regal View; thence from said point of Beginning, by the line of Lot No. 85 South eighty-two degrees, thirty minutes, forty-two seconds East (S 82° 30' 42" E), a distance of one hundred thirty-five feet (135.00') to a point; thence by Lot No. 113 Phase IA South seven degrees, twenty-nine minutes, eighteen seconds West (S 07° 29' 18" W), a distance of ninety-seven and fifty- two hundredths feet (97.52') to a point; thence by Lot No. 87 North sixty-three degrees, fifteen minutes, fifteen seconds West (N 63° 15' 15"W), a distance of one hundred forty- nine and sixty-one hundredth feet (149.61') to a point; thence by the right of way line of Cottonwood Court by a curve to the left, having a radius fifty feet (R = 50.00'), an arc distance of twenty-five and twenty-four hundredth feet (A/L=25.24') to a point; thence by the same North seven degrees, twenty-nine minutes, eighteen seconds East (N 07° 29' 18" E), a distance of twenty-four feet (24.00') to a point, the Place of BEGINNING. Said tract contains 10,064.21 square feet or 0.231 acres. BEING Lot No. 86 on the Final Subdivision Plan for North Ridge Phase 3.