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HomeMy WebLinkAbout03-4857STIPULATION AGAINST LIENS THIS AGREEMENT made the /0~ day of September, 2003, by and between Sechrist Construction, Inc., of 5301 East Trindle Road Mechanicsburg, Pennsylvania, 17050, hereinafter referred to as "Con- tractor", AND Howard E. Pritchett and Gabrielle H. Pritchett, hus- band and wife, of 205 Westview Drive, Monroe Township, Mechancisburg, Cumberland County, Pennsylvania, hereinafter referred to as "Owner", whereby Contractor undertook and agreed to erect and construct an single family dwelling home and improvements on that certain lot of ground situate in Upper Allen Township, Cumberland County, Pennsylva- nia, more particularly set forth in a Subdivision Plan for Replogle & Son dated January 27, 1993, as prepared by C. W. Junkins Associates, Inc., and recorded in Cumberland County Plan Book 67, Page 108 and more particularly described as follows: BEGINNING at a point in Cedar Street at the dividing line between Lot No. 2 and Lot No. 1; thence along the dividing line between Lot No. 2 and Lot No. 1, South 31 degrees 30 minutes 20 seconds East, a distance of 100.95 feet to a point; thence North 76 degrees 27 minutes East, a distance of 274.22 feet to a point; thence along Lot No. 3 and through an iron pin, North 02 degrees 45 minutes 40 seconds East, a distance of 419.41 feet to a point; thence South 71 degrees 11 minutes West, a distance of 210.64 feet to an iron pin; thence South 78 degrees 52 minutes West, a distance of 87.39 feet to a point; thence South 43 degrees 00 minutes West, a distance of 232.15 feet to a point in Cedar Street; thence along Cedar Street, South 47 degrees 00 minutes 00 seconds East, a distance of 65 feet to a point; thence continuing along Cedar Street by a curve to the left having a radius of 25.0 feet and an arc length of 23.18 feet to a point; thence continuing along Cedar Street by a curve to the right having a radius of 50.0 feet and an arc length of 138.43 feet to the point and place of BEGINNING. BEING Lot No. 2 on the aforementioned Final Subdivision Plan for Replogle & Son and containing 3.17 acres. TOGETHER WITH a triangular parcel described as follows: ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point in the line dividing Lot No. 1 and Lot No. 2 of a Preliminary/Final Subdivision Plan for Replogle & Son as recorded in Plan Book 67, Page 108, said point being located South 31 degrees 30 minutes 20 seconds East, a distance of 100.95 feet from the southerly line of Cedar Street; thence along the southerly line of Lot No. 2, North 76 degrees 27 minutes East, a distance of 274. 22 feet to a point; thence, South 02 degrees, 45 minutes 40 seconds West, a dis- tance of 75.14 feet to a point in the Yellow Breeches Creek; thence up said Yellow Breeches Creek, South 76 degrees, 01 minute, 44 seconds West, a distance of 229.22 feet to a point in said creek; thence North 31 degrees 30 minutes 20 seconds West, a distance of 77.55 feet to the point and place of BEGINNING. CONTAINING 0.38 acre of land. A consolidated description in accordance with a survey prepared by C.W. Junkins Associates dated January 12, 1998 and recorded in Deed Book 171, Page 59, as follows: ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and de- scribed, as follows: BEGINNING at a steel pin set in the right-of-way line of Cedar Street, said pin being located in the southerly line of the Cul-de- sac; thence along the easterly right-of-way line of Cedar Street the following three courses: (1) by a curve to the left having a radius of 50.00 feet, an arc distance of 138.43 feet, the chord of which is North 20 degrees, 49 minutes, 04 seconds West, 98.27 feet to a point; (2) by a curve to the right having a radius of 25.00 feet, an arc distance of 23.18 feet, the chord of which is North 73 degrees, 33 minutes, 54 seconds West, 22.36 feet to a concrete monument; and (3) North 47 degrees, 00 minutes West, a distance of 65.00 feet to a concrete monument; thence along Lots No. 8 and 9 of Plan of Westwood as recorded in Plan Book 12, Page 57, North 43 degrees, 00 minutes East, a distance of 232.15 feet to an Iron Pipe; thence along Lot No. 10 of the aforesaid plan, North 78 degrees 52 minutes 00 seconds East, a distance of 87.39 feet to an Iron Pipe; thence along Lots No. 13 and 14 of the aforesaid plan, North 71 degrees, 11 minutes 00 seconds East, a distance of 210.64 feet to a steel pin; thence along Lot No. 3 of a Preliminary/Final Subdivision Plan for Replogle & Son as recorded in Plan Book 67, Page 108, South 02 degrees, 45 minutes, 40 seconds West, a distance of 494.55 feet to a point in the Yellow Breeches Creek; thence up said Yellow Breeches Creek, South 76 degrees, 01 minute, 44 seconds West, a distance of 229.22 feet to a point in said creek; thence along Lot No. 1 of the aforesaid Preliminary/Final Subdivision Plan for Replogle & Son, North 31 degrees, 30 minutes, 20 seconds West, a distance of 178.50 feet to the Point of BEGINNING. CONTAINING 3.55 Acres of Land. BEING the same premises which W. KENNETH HULL and JUDITH G. HULL, husband and wife, by deed dated November 29, 2002 and recorded on December 3, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 254, page 4043, granted and conveyed unto HOWARD E. PRITCHETT and GABRIELLE H. PRITCHETT, husband and wife. Also known as 2 Cedar Street, Grantham, Pennsylvania. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to Contractor, 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 subcon- tractors 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 instru- ment, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year above written. Signed, in Sealed and Delivered the Presence of Eric L. Sechrist, President Sechrist Construction, Contractor Pritchett, Owner z~-3, i~.~ -r (SEAL) ~abrielle H. Pritchett, Owner ACKNOWLEDGMENT FOR INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND On this, the /~¥~ day of J~/;~f , 2003, before me, the undersigned officer, personally appeared Howard E. Pritchett and Gabrielle H. Pritchett, husband and wife, known to me (or satisfactorily proven) to be the persons whose names were subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) N°tary~ , ~,O/.e~ Public ~ My Commission Expires: ACKNOWLEDGMENT FOR CORPORATION COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the/~day of 5~'~'~ , 200~ before me, a Notary Public, personally appeared Eric L. Sechrist, known to me to be the person whose name is subscribed as President of Sechrist Construction, Inc., and who acknowledges himself to be the Presi- dent of Sechrist Construction, Inc., Inc., and that he as such President, being authorized to do so, executed the aforegoing statement for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my hand an~ notarial seal. (SEAL) NotarY Public ~ My Commission Expires: