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HomeMy WebLinkAbout03-4293Stipulation Against Liens THIS AGREEMENT made the /.-o' day of /-lu~u~ , 2003, by and between RIDGEVlEW CUSTOM HOMES, LLC, of Shippensburg, Pennsylvania, hereinafter referred to as Contractor, AND JOHN A. KOHLER and SANDRA J. KOHLER, of Carlisle, Pennsylvania, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot of ground known as 93 McAIlister Church Road, West Pennsboro Township, Cumberland County, Pennsylvania, further described in Exhibit "A" hereto attached. NOW THEREFORE, THIS AGREEMENT WlTNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to 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. WITNESS our hands and seals this ~'day of ,/~L~.t+ ,2003. Al-rEST: Herbert G. Weaver, Member State of Pennsylvania County of SS. On this, the ~-~b'~day of AtJ~c~.~') , 2003, before me, a Notary Public, personally appeared HERBERT G. WEAVER, known to me to be the person whose name is subscribed and who acknowledges himself as a Member of RIDGEVIEVV CUSTOM HOMES, LLC, and that he as such Member, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as a Member. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public Notasial Seal "~ Tricia L. Bailey, No~r'J public / Soum ~,.. ~ ;;ir~ Sevt 24, 2000| LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the eastern right of way line of McAIlister Church Road at the dividing line between Lot No. 2 and Lot No. 2A on the hereinafter mentioned subdivision plan; thence along said line North 66 degrees 06 minutes 27 seconds East 300.57 feet to an iron pin; thence along lands now or formerly of D. Mark Lehman, South 33 degrees 33 minutes 19 seconds East 228.35 feet to an iron pin; thence along the dividing line between Lot No. 3 and Lot No. 4 as shown on the hereinafter mentioned plan South 74 degrees 23 minutes 50 seconds West 366.22 feet to an iron pin on the eastern right of way line of McAIlister Church Road as shown on said plan; thence along said right of way line of McAIlister Church Road North 15 degrees 36 minutes 10 seconds West 173.92 feet to an iron pin, the place of BEGINNING. CONTAINING 1.506 acres. BEING further described as Lot No. 2-A and Lot No. 3 on the Preliminary Final Resubdivision Plan of Lot No. 2 and Lot No. 3 (Tract No. 2) of Cedar Court dated November 17, 1988 and prepared by John K. Bixler, III, R.P.L.S., and recorded December 8, 1988 in Cumberland County Plan Book 56, Page 150. Exhibit "A"