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HomeMy WebLinkAbout01-4609STIPULATION AGAINST LIENS 0/- THIS AGREEMENT made the 26th day of July ,2001, by and between JS CONSTRUCTION, 1NC., hereinafter referred to as CONTRACTOR, AND KARL AND SUZANNE WILLET, 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: 1108 Gregor Court, Mechanicsburg, PA 17055 NOW THEREFORE, this agreement witnesseth: That the said Contractor, for and 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 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 26th day of July ,2001. 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 Alien 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 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, and as further amended by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Third Amendment") dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, being and designated in such Declaration, as amended, as Lot No. 106 (Identifying Number), described in Paragraph 5 of the Third Amendment to Declaration and shown (and described) in Exhibit B-5 of the Third Amendment. Lot No, 106 contains 11,720.45 square feet, more or less. BEING LOT NO. 106 on a Final Subdivision Plan titled "Ashcombe Farms P.R.D. Final-Phase 3A" dated September 1, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 82, Page 125. 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 Apdl. 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 December 2, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 667, Page 650, and under and subject to easements and rights-of-way of record and visible by inspection, including but not limited to one-half of a thirty (30') foot sanitary sewer easement across the southern portion of the premises as shown on Exhibit B-5 of said Third Amendment to Declaration.