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HomeMy WebLinkAbout07-2160 ~~ (~'Y -~IL6 M~`r~ STIPULATION AGAINST LIENS THIS AGREEMENT made the 3rd day of April, 2007, by and between Robert Thomas Construction and Site Management, Inc, hereinafter referred to as Contractor, AND S and A Homes, Inc., hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a Land Development on that certain lot of ground situate in Carlisle Boro, Cumberland County, Commonwealth of Pennsylvania, being more particularly bounded and described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, TffiS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00), 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 filed 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 subcontractors and others under them hereby expressly waive and relinquish the right to have, file, 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. f /~ WITNESS our hands and seals this ~_ day of rl ~ , 2007. WITNESS: ti` ' ~ ~~ ~~ WITNESS: I. OWNER by: •~ , CONTRACTOR COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF 1'n ~,e~ . On this, the ~ ~ day of i~ 2007, before me, a Notary Public, personally appeared ~, known to me to be the person whose name is s scribed as C>1~;n2-r and who acknowledges himself to be the .+~- of S J- ~ ~ S ~'1 and that he as such being authorized to do so, executed the foregoing statement for the purposes t rein contained by signing the name of the C~t~(l~r by himself as ~ IN WITNESS WHEREOF, I have hereunto set My notarial seal. expires on: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009 2 i COMMONWEA//LTH/,OF PENNSYYLVANIA COUNTY OF (,L'i~'iY~~Cl~-~u~ ~ On this, the day of ~L, 2007, before me, a Notary Public, personally appeared ~ ~ ~. ~ n known to me to be the person whose name is subscribed as r ~ c-~ r and who a knowled es himself to be the ~l P of Rc,h~- ~- - ~Thom0.S ~~~-+~ct-f`~~i2f that he as such being authorized to do so, execut d the foregoing statement for the purposes therein contained by signing the name of the ~~~''~-C~o~'' by himself as ~ P IN WITNESS WHEREOF, I have hereunto set rdr,y h,~nd ~Sd notarial seal. My commissigh expires on: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009 3 r Ezhibit A Legal Description Chesterfield Section 4A All that certain tract of land situated in the Borough of Carlisle, Cumberland County, PA, being Chesterfield Subdivision, Section 4A, as shown on a plan entitled, "Chesterfield (Formerly Greystone Manor) Subdivision Plan, Final Subdivision Section 4A, Record Plan and Notes," dated December 18, 2006, by PennTerra Engineering, Inc., State College, PA, recorded in the Office of the Recorder of Deeds at Cumberland County on April 3, 2007, Plan Book 94, Page 6, being bounded and described as follows: Beginning at an iron pin, lying in a westerly R/W line of Meeting House Spring Road and being a northerly corner of lands owned now or formerly by Clinton D. & Amanda N. Cazey (Tax Pazce105-19-1647-261, D.B. 260, Pg. 3954); thence, along said lands and along lands owned now or formerly by S&A Custom Built Homes (Tax Pazcel OS-19-1647-260; D.B. V31, Pg. 351), lands owned now or formerly by Zijad & Mejra Hrnjic (Tax Parcel OS-19-1647-259; D.B. 275, Pg. 1242), lands owned now or formerly by Jeffery B. & Amy M. Magnuson (Tax Parcel 05-19- 1647-258; D.B. 258, Pg. 3078), and lands owned now or formerly by Justin J. & Anna Frawley (Tax Pazcel OS-19-1647-257; D.B. 259, Pg. 4120) S85°55'25"W 308.52 feet to an iron pin being a northerly corner of the Frawley lands and lying in an easterly R/W line of Kennsington Court (60' R/W); thence, along said lands and said R/W along a curve to the left having a chord bearing of S17°07'37"W, a chord distance of 68.09 feet, a radius of 161.95 feet, and an arc length of 68.60 feet to a point lying along said lands and said R/W; thence, traversing through said R/W and along lands owned now or formerly by Donald P. & Ellen L. Shiffer (Tax Parcel OS-19-1647-256; D.B. 254, Pg. 3098) N85°00'29"W 170.17 feet to an iron pin being a westerly corner of said lands and lying in an easterly line of lands owned now or formerly by M. Elizabeth Kern (Tax Parcel 05-19- 1647-255; D.B. 277, Pg. 2867); thence, along the Kern lands N13°13'29"W 8.87 feet to an iron pin being a northerly corner of the Kern lands and a southerly corner of Future Chesterfield Section 3A; thence, along said Chesterfield lands the following four bearings and distances: N19°10' 15"E 93.80 feet to an iron pin; thence, N15°32'23"E 60.10 feet to an iron pin; thence, N18°25'07"E 159.50 feet to an iron pin; thence, N47°38'03"W 77.71 feet to an iron pin being a northerly corner of said lands and lying in a southerly R/W line of the Pennsylvania Turnpike; thence, along said R/W N71°09'47"E 452.87 feet to an iron pin lying along said R/W and being a westerly .comer of Meeting House Spring Road; thence, along Meeting House Spring Road S04°04'35"E 433.95 feet to an iron pin, being the place of beginning, containing 3.952 acres. Prepared: 04/05/07 ng-X Project No. 95188-104 Legals\Chesterfld-Sec4A.doc W ~i J e ~- t? t~ _~ ,` . =, -: `_ . `F -. ~~ -a _~. ~-- cr m ~, ,~~: c.3 ~ {c~ c5 _ ~ i';-; =--+ =T-,