HomeMy WebLinkAbout99-04460r-u.R rots Firm MV,u 1I97-:np
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STIPULA TION A GAINST LIENS
THIS AGREEMENT made the 23rd day of July, 1999, by and between ROBERT J.
COLDSMITH, III hereinafter referred to as Contractor, and RICHARD W. KANN, III and DENISE
D. KANN, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and
construct a custom built home on that certain lot of ground situate at Lot No. 28, Andrew Manor,
West Pennsboro Township, Carlisle, Cumberland County, Pennsylvania, more fully described in
Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, 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
mechanic's liens or claims shall be tiled 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 subcontractrrs and others under them hereby expressly waive and relinquish
the right to have, tile, 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 23rd day of July, 1999.
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Richard W. Kann, 111, Owner
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Denise D. Kann, Owner
Robe Goldsmith, WII-
ntractor
State of Pennsylv?nia
County of Cumberland
SS
On this, the 23rd day of July, 1999, before me the undersigned officer, personally appeared
RICHARD W. KANN, III and DENISE D. KANN, known to me or satisfactorily proven to be the
persons whose names are subscribed to the within instrument and acknowledged that they executed
the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Notary Pu is
Notarial Seal
Kelly S. Baker, Notary Public
LSOUt h M lddleton Twp., Cumberland County
COMMIsslon Expires Feb. 7, 2000
Member, Pennsylvania ASSbClatiOn of Wailes
Signed, Sealed and Delivered
in the presence of
State of Pennsylvania
County of Cumberland
: SS
On this, the 23rd day of July, 1999, before me, a Notary Public, personally appeared
ROBERT J. COLDSMITH, 111, known to me to be the person whose name is subscribed, and who
acknowledges himself to be the W i-Cr" a and
that he as the , being authorized to do so, executed the foregoing statement for the
purposes therein contained by signing by himself as
In witness whereof I have hereunto set my hand and notarial seal.
Notary' ublic
Notarial Seal
Kelly S. Baker, Notary PWllc
South Middleton Twp. Cumbedand County
My Commission Expires Feb. 7, 2000
Member, Pennsylvania Association of Notanes
EXHIBIT "A"
ALL that certain tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the Southern dedicated right of way of Clay Road (T-443) at the dividing
line between Lots 27 and 28 of the hereinafter mentioned Subdivision Plan; thence along said
dividing line Southl4 degrees 28 minutes 21 seconds West 476.39 feet to a point; thence along the
dividing line between Lots 28 and 29 on said Plan, North 59 degrees 44 minutes 12 seconds West
244.79 feet; thence along the eastern line of a certain 50 feet wide private right of way North 03
degrees 50 minutes 54 seconds West 92.22 feet to a point; thence along same, by a curve to the right
with a radius of 375.00 feet and an arc distance of 114.46 feet to a point; thence along same North
13 degrees 38 minutes 22 seconds East 161.65 feet to a point; thence along the same by a curve to
the right with a radius of 25.00 feet an arc distance of 39.47 feet to a point on the Southern dedicated
right of way of Clay Road; thence along said right of way line South 75 degrees 54 minutes 15
seconds East 261.03 feet to a point, the place of BEGINNING.
BEING further described as Lot No. 28 on the Subdivision Plan for Andrew Manor, Phase 2,
prepared by Stephen G. Fisher, R.S., dated July 30, 1992 and recorded in Cumberland County Plan
Book 65, Page 57.
CONTAINING 2.62 acres exclusive of dedicated right of way.
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