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HomeMy WebLinkAbout01-0345 FXt . w STEPHEN M. NATICCHIA, IN THE COURT OF ~ S CUMBERLAND COUNTY, PENNSYL ANIA (OWNER) NOM ~~~ ~~ vs. McNAUGHTON HOMES, INC., LOT 79, 6030 WESTBURY DRIVE, ENOLA (CONTRACTOR) CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AGAINST LIENS WHEREAS, Stephen M. Naticchia, the OWNER of the real estate described below, has or is about to execute a contract with McNaughton Homes, Inc. ,whose principal business address is 4400 Deer Path Road, Suite 201, Harrisburg ,Pennsylvania, to construct a single family dwelling upon lands situate at Lot 79, 6030 Westbury Drive, Enola, Cumberland County, Pennsylvania, and more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and, NOW, THEREFORE, this ~~ay of ~ 2001, before any authority had been given by McNaughton Homes, Inc. to commenc work on said facilities, or purchase, materials for same, in consideration of making of the above-described Contract with Stephen M. Naticchia, Owner, and in further consideration of One (51.00) Dollar paid to the general contractor by Stephen M. Naticchia, 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, or upon Stephen M. Naticchia; the Owner, by the general contractor, or any of its subcontractors, or by any of the materialmen or workmeri, 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 about the erection, construction, design and improvement of said facilities, under said cortract or otherwise, the right to have, file and maintain such liens or claims against the facilities, the land above-described, and Stephen M. Naticchia, the Owner, being hereby expressly waived by the general 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 (.Tday of ~ ~Jq , 2001. WITNESS: O ER~ rn Step en M. Naticchia ATTES CO TRACTOR: "'~ ~ c a ght n H mes, Inc. ' '.,~ ~~~ O~ ~/ Q" ~-~ x R r.> C d'p'i ~; _ (~i'. r ~'. ._ t ,_ ,,'__: _'1 ~~ c_ C~ n _) s:._'r ~: D C DETHLEFS (~~f `~ 717 )25 2309 01 /18!01 11:03 ~ :02102 N0:332 ALL that certain piece, parcel or lot of land situate in Hampden Township, Cumberland County, Pennsylvania, and bounded sad described as follows: BEGINNING at a point on the Western right-of--way line of Westbury Drive (50.00 feet wide), said point being located at the Sorheastern comer of Lot No. 86; then along said rlght•of--way line of Westbury Drive, and through a 30.00 foot wide utility easement, South 07 degrees Z2 lnintttea 22 sewnda East, for a distance of 109.00 feet, to a point at the Northeastern comer of Lot No. 78; then along the Northam boundary Tina of Lot No. 78, and along the canterlitte of said 30.00 foot wide utility easement, South 82 degrees 37 minutes 38 seconds Wear, for a distance of 141.41 feet, to a point in litre of lands now or formerly of William ?. acid Mary Ann Bowers; then along said lands of Bowers, and through said 30.00 foot wide utility casement, North 03 degrees 22 minutes 14 seconds West, for a distance of 109.24 feet, to a point at the Southwestern corner of Lot No. 80; then along the Southern boundary line of Lot No. 80, North B2 degrees 37 minutes 38 seconds East, for a distance of 134.19 feet, to a paint and the place of BEGINNING. This puce, parcel or lot of land consists of approximately 15,020.25 square feet of land, and is known and ntuabered as Lot No. 79 on the 1:iual Subdivision Plan for Westbury -Phase V, whleh is recorded in Cumberland County its Plan Book 77, Page 97. UNDER AND SUBJECT T0: ~~•~... (a) Any and all •easements, licenses, exceptions, reservations, covenants, ' agreements, conveyances and restrictions which affect the premises and era visible by inspection of the premises. {b} Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. (c) Plan notes prohibiting the construction of any structure (other titan a fence, uncovered slaps cad entrance canopies --not greater than 3 feet in deeds and 6 Peat in width) within aay 50 foot buffer yard.shown on the subdivision plan ofrecord. {d) The Declaration of Covettantsand Kestrictiaas which is recorded in the office of The Recorder of Deeds for Ctuaberland County in Miscetianeous Book 637, Page 428, as niay be applicable to the premises. r