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HomeMy WebLinkAbout99-05317 S. & A. CUSTOM BUILT HOMES, INC., a Pennsylvania corporation Owner - AND- JOHN F. WALTER EXCAVATING, INC., General Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 '.fO I / MY - 0 STIPULATION AGAINST LIENS WHEREAS, S. & A. CUSTOM BUILT HOMES, INC., a Pennsylvania corporation, ("Owner"), the Owner of the real estate described below, has or is about to execute a General Contract with JOHN F. WALTER EXCAVATING, INC., ("Contractor"), whose principal place of business is located at P.O. Box 175, Newville, PA 17241, for site improvements upon the Highlands, Phase III, Section I, Carlisle, Cumberland County, Pennsylvania and more particularly bounded and described on Exhibit "A', attached hereto and made a part hereof, and IJ NOW, THEREFORE, this day of August, 1999, before any authority had been given by Owner to Contractor to commence work on said facilities or purchase materials for same, in consideration of making of the above-described Contract with Owner, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-described by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or abut the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and the land above-described, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives, have hereunto executed the Stipulation Against Liens this 23n4 day of August, 1999. ATTEST: /cC ?GS?di?.rt OWNER: S. & A. CUSTOM BUILT HOMES, INC., a Pennsylvania corporation W By: Robert E. Poole, Jr., President CONTRACTOR: JOHN F. WALTER EXCAVATING, INC., a Pennsylvania corporation ATTEST:: i?A? PennTerra ENGINEERING, INC. EMBIT "An LEGAL DESCRIPTION The Highlands, Phase 3, Section one 2041 Cato Avenue State College, PA 16801 Phone: (814) 231.8285 Fax: (814)237.2308 AD that certain tract of land situated in the Borough of Carlisle, Cumberland County, PA, being The Elgblands, Phase 3, Section One, ae shown on a plan entitled, 'The Highlands Final Subdivision Plan, Phase 3, Section One", dated January 21, 1997, by PennTerra Engineering, Inc., being bounded and described as follows: Beginning at an Iron pin, being a southerly corner of Lot No. 65 and lying in a northerly H1W Una of Shannon Lane (60' M1 thence along said R1W, S 85 042'00" W,132.94 feet to a point; thence traversing through said RIW, S 04 ° 18' 00" E, 187.06 feet to an Iron pin, being a southerly corner of Lot No. 21, a westerly corner of Lot No. 20, and a northerly comer of lands owned now or formerly by Thomas Roy and Pauline V. Lebo (DJI. N-12, Pg. 207 thence along said Iands, 8 85 ° 44' 30" W, 807.50 feet to an iron pin, lying along said lands and being an easterly comer of Lot No. 95; thence along said Lot, N 04 ° 18' 00" W, 136.47 feet to an iron pin, being a northerly comer of said Lot and lying In a southerly R1W line of Shannon Lane (60' RMW thence traversing through said RIW, N 19 ° 28' 56" E, 65.57 feet to an Iron pin, lying along a northerly Rae of said R1W and being an easterly comer of Lot No. 77; thence along said Lot, N 04 ° 18'00" W, 105.00 feet to an iron pin, being a common comer of Lot Nos. 77,71 and 72; thence along Lot Nos. 72 through 84 and 93, N 85 042' 00" E, 914.00 feet to an iron pin, lying in a southerly Rae of Lot No. 93 and being a westerly comer of Lot No. 65; thence along said Lot, S 04 018'00" E, 115.00 feet to an Iron pin, being the place of beginning, containing 5.863 acres. Prepared: 8124199 NGlmac Llighcarlisle civil engineering ¦ land surveying with G.P.S. 0 subdivision and land development design b CZ a " CI'D I "' ??°7