HomeMy WebLinkAbout99-04211L.
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STIPULATION AGAINST LIENS
O
David S. Miller and Betty Jo
Miller, Owner
V.
David S. Miller, t/d/b/a
Jim Miller Builder,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NUMBER
TERM, 1999
WHEREAS, David S. and Betty Jo Miller, of Dillsburg, York
County, Pennsylvania, the Owner, contemporaneously herewith has
executed or is about to execute a contract with David S. Miller,
t/d/b/a Jim Miller Builder, of Dillsburg, York County,
Pennsylvania, the Contractor, for the construction of a dwelliing
house, and related structures or improvements, upon that certain
land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described as set forth
in Exhibit "All attached hereto and made a part hereof.
NOW, this of July, 1999, at the time of and
immediately before the execution of the said principal contract,
and before any authority has been given by the said Owner to the
said Contractor to commence work on, or to furnish or purchase
materials for the aforesaid buildings or construction, in
consideration of the making of said contract with said Contractor
and the further consideration of One Dollar to said Contractor paid
by said owner, it is agreed that no liens or claims shall be filed
or made against said buildings and/or land, or any part, piece,
parcel or lot thereof, by said Contractor, or any sub-contractor,
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or by any materialmen, workmen or other persons for or on account
of any labor provided or materials furnished or purchased, or any
extra labor or materials provided, furnished or purchased for said
buildings or construction, hereby expressly waiving any and all
rights to file or make such liens and claims.
AND, in furtherance hereof, the said Contractor does hereby
represent and warrant that as of the time of the execution hereof,
neither said Contractor, nor any sub-contractors, materialmen,
workmen or any other persons have commenced any work on, or
furnished or purchased any materials for the aforesaid buildings or
construction.
IN WITNESS WHEREOF, the said Owner and Contractor, each
intending to be legally bound hereby, have duly executed this
Stipulation on the aforesaid day, month and year.
WITNESS:
CONTRACTOR:
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ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township,
Cumberland County, Pennsylvania; designated as Unit No. 6 on the Preliminary/Final
Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November
15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in
and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being
designated as Unit No. 6 in a Declaration of River Bend, A Planned Community, dated October
9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in
Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit:
BEGINNING at a point on the western right-of-way line of Halyard, a forty foot wide
public street, at a comer of Lot No. 5; thence along said Lot, North 58 degrees 57 minutes 03
seconds West a distance of 110.43 feet to a point; at a corner of Lot No. 7; thence by said Lot,
North 02 degrees 50 minutes 14 seconds West a distance of 272.82 feet to a point on the southem
right-of-way line of Leeward Lane, a forty foot wide public street; thence by said right-of-way
line the following two (2) courses and distances:
1. By a line curving to the right having a radius of 315.00 feet, an arc length of
152.45 feet, and a chord bearing of South 78 degrees 58 minutes 22 seconds East a distance of
150.96 feet to a point;
2. South 65 degrees 06 minutes 30 seconds East a distance of 48.14 feet to a point,
said point being the western terminus of a 15 foot radius curve connecting the southern right-of-
way line of Leeward Lane with the western right-of-way line of Halyard;
Thence along said radius curve, by a line curving to the right having a radius of 15.00
feet, an arc length of 22.96 feet, and a chord bearing of South 21 degrees 15 minutes 40 seconds
East a distance of 20.78 feet to a point on the western right-of-way line of Halyard; thence along
said right-of-way the following three (3) courses and distances:
1. By a line curving to the left having a radius of 855.00 feet, an arc length of 93.89
feet, and a chord bearing of South 19 degrees 26 minutes 25 seconds West a distance of 93.84
feet to a point;
2. South 16 degrees 17 minutes 41 seconds West a distance of 111.06 feet to a point;
3. By a line curving to the right having a radius of 280.00 feet, an arc length of 72.10
feet, and a chord bearing of South 23 degrees 40 minutes 19 seconds West a distance of 71.91
feet to a point the Place of BEGINNING. CONTAINING 45,681 square feet or 1.05 acres.
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EXHIBIT "A"
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