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HomeMy WebLinkAbout99-05902R .q STIPULATION AGAINST LIENS David S. Miller and Betty Jo IN THE COURT OF COMMON PLEAS OF Miller, Owner CUMBERLAND COUNTY, PENNSYLVANIA V. NUMBER 994&ERM, 1999 David S. Miller, t/d/b/a Jim Miller Builder, Contractor 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 Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this ?_ day of September, 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, 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: Jim ?77 BUILDER C -2- EXHIBIT A ALL THAT CERTAIN lot or tract being situated along the East side of Lisburn Road, SR 2017, in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 22 on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27, 1997, as recorded in Plan Book 74, Page 95, said lot being more particularly bounded and described as follows: BEGINNING at a point, on the Eastern right-of-way line of Choco Chase, said point being the Northwestern corner of the above described lot and the Northeastern comer of Lot No. 21 on the above referenced Subdivision Plan; thence along the same right-of-way line in a curve to the left with a radius of 325.00 feet and an arc length of 143.03 feet to a point; thence along the Southern property line of Lot No. 23 South 71 degrees 16 minutes 07 seconds East, 172.54 feet to a point; thence along the Western property line of Lot No 17 South 32 degrees 03 minutes 30 seconds East, 43.90 feet to a point; thence along the Northern property line of Lot No. 19, South 39 degrees 23 minutes 18 seconds West, 201.98 feet to a point; thence along the Eastern property line of Lot No. 21, North 46 degrees 03 minutes 18 seconds West, 183.78 feet to a point, the place of BEGINNING. CONTAINING an area of 34,881 square feet (0.801 acres). IW25 N LL?n Jc J L, l e ? ?n W YYY •2 \V w V