HomeMy WebLinkAbout03-4297STIPULATION AGAINST LIENS
THIS AGREEMENT made the of
and between Mumper Construction, Inc.,
, 2003, by
William P. Gula and Michele R. Gula, 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
situate in
Lot 47, 13 Emlyn Lane, Upper Allen Township, Mechanicsburg,
Pennsylvania
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractor, for and in consideration of the sum of {$1.00) Dollar
to Mumper Construction, Inc. 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
2003.
Signed, Sealed and Delivered
in the Presence of
2~ day of~ ,
(Seal)
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ALL THAT CERTAIN lot in the property known, named and
identified in the Declaration, referred to below, as "Lindenwood"
located in Upper Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the
Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. Sections
5101 et seq., by the recording in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, the Declaration for
Lindenwood ("Declaration"), dated August 28, 1997, recorded
August 28, 1997, in Misc. Book 555, Page 806, being designated in
such Declaration as Lot No. 47 (Identifying Number), described in
Section 2.2 of the Declaration and shown (and described) in
Exhibit E of the Declaration.
BEING LOT NO. 47, Final Subdivision Plan of Phase 1,
Lindenwood, dated February 3, 1997, last revised July 17,
recorded in Pennsylvania, in Plan Book 75, Page 29.
1997,
UNDER AND SUBJECT to any and all restrictive covenants,
conditions, restrictions, rights-of-way, easements and agreements
of record, including, but not limited to, Final Subdivision Plan
for Phase 1, Lindenwood, dated February 3, 1997, last revised
July 17, 1997, recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Plan Book 75, Page 29.
BEING FURTHER DESCRIBED AS BEGINNING at point on the west line
of Emlyn Lane, said point being the southeast corner of Lot 48;
thence continuing along the west line of Emlyn Lane the following
2 courses and distances: (1) on a line curving to the left
having a radius of 200.00 feet and an arc length of 17.89 feet
said arc being subtended by a chord of South 10 degrees, 41
minutes, 47 seconds West a distance of 17.89 feet to a point; (2)
South 08 degrees, 08 minutes, 00 seconds West a distance of
172.73 feet to a point the northeast corner of Lot 46; thence
along the north line of Lot 46 North 81 degrees, 52 minutes, 00
seconds West a distance of 374.31 feet to a point in the line of
remaining lands of now or formerly Fred L. Gaize; thence along
lands of now or formerly Fred L. Glaize North 08 degrees, 08
minutes, 00 seconds East a distance of 190.00 feet to a point in
the southern line of lands of now or formerly Frank M. & Regina
M. Magel, thence along lands now or formerly of Frank M. & Regina
M. Magel North 71 degrees, 48 minutes, 39 seconds East a distance
of 43.36 feet to a point the southwest corner of Lot 48; thence
along the south line of Lot 48 South 78 degrees, 41 minutes, 45
seconds East a distance of 336.76 feet to a point, the place of
BEGINNING.
CONTAINING 74,830 Square Feet of land.
SUBJECT to one half of a 30 foot wide sanitary sewer easement
along the northern lot line and one half of a 25 foot wide
stormwater easement along a portion of the southern lot line
leading to a storm water management pond easement located on the
western portion of said lot as shown in more detail on the above
referenced final plan.
BEING THE SAME PREMISES which Henry J. Rankow and Christine
Rankow, his wife, by Deed dated April 29, 2002 and recorded May
3, 2002 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Record Book 251, Page 2828,
granted and conveyed unto William P. Gula and Michele R.
Turkowsk¥, as tenants in common.
THE SAID Michele R. Turkowsky is now known as Michele R. Gula.