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HomeMy WebLinkAbout99-05274' 49-s27y mL-%-, WAIVER OF RIGHT TO FILE MECHANICS' LIENS WHEREAS, PERFECT PARTNERS, a Pennsylvania general partnership, owner, of 1150 Lancaster Blvd., Suite 100, Mechanicsburg, PA 17055, entered into a contract with R. S. MOWERY & SONS, INC., a Pennsylvania corporation, Contractor, of 625 Hamilton Street, Carlisle, Pennsylvania, to provide materials and perform labor necessary for the construction of a residential dwelling upon a tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: SEE ATTACHED EXHIBIT "A" NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned Contractor, any subcontractor or material man, nor any other person furnishing labor or materials to the said Contractor under his contract, shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building, improvements or any part thereof. THIS STIPULATION is made and intended to be filed with the Cumberland County Prothonotary within ten (10) days after date, in accordance with the requirements of Act of Assembly of Pennsylvania, in such case provided. IN WITNESS WHEREOF, the said parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals this ;Z-) -fcI day of August, 1999. PERFECT PARTNERS c l.e? By: [SEAL) Witness OWNER ATTEST (or Witness) 'L (244 R. S. MOWERY & SONS, T C. By: CONTRACTOR ALL that certain tract or parcel of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 8 on that certain Final Subdivision Plan for Bent Creek prepared by H. Edward Black & Associates, P.C. dated March 20, 1997, last revised March 2, 1998, and recorded in Cumberland County Plan Book 76, Page 76 (the "Plan"), more particularly described as follows: BEGINNING at a point on the western right -of -way line of Bent Creek Boulevard, said point being on the dividing line between Lot 7 and Lot 8 as shown on the Plan; thence continuing along the said dividing line South 67 degrees 05 minutes 54 seconds West a distance of 373.37 feet to a point at or near the Conodoguinet Creek; thence continuing in, along and through the Conodoguinet Creek North 41 degrees 21 minutes 54 seconds West a distance of 263.57 feet to a point on the dividing line between Lot No. 8 and Lot No. 9 as shown on the Plan; thence continuing along the said dividing line North 67 degrees 05 minutes 54 seconds East a distance of 456.84 feet to a point on the western right-of-way line of Bent Creek Boulevard aforementioned; thence continuing along Bent Creek Boulevard South 22 degrees 54 minutes 06 seconds East a distance of 250.00 feet to a point on the dividing line between Lot 7 and Lot 8, said point being the point and place of BEGINNING. BEING Lot 8 and CONTAINING 103,776 square feet or 2.38 acres. UNDER AND SUBJECT to a twenty (20) feet wide storm easement located in the eastern most corner of the above described lot. FURTHER UNDER AND SUBJECT, nevertheless, to a certain Declaration of Protective Covenants and Restrictions dated March 23, 1998 and recorded in Cumberland County Misc. Book 572, Page 355; to conditions set forth on the aforementioned Plan; and to all other easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. BEING the same premises which Albert L. Allen, Jr., et al. , by their deed dated May 28, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 202, Page 499, granted and conveyed to Perfect Partners, a partnership, Mortgagors herein. Exhibit "A" li Q c1 i ..,1=. : G'. . N ;;l V A Y ^^11 ?' lV. ? y o ?? t>