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HomeMy WebLinkAbout03-4896 STIPULATION AGAINST LIENS/~ THIS AGREEMENT made this / ~'~ day of ~// ~' , 2003, and between Adin Kenes Builder, a sole proprietor, of 429 Bernheisel Bridge Road, Carlisle, PA 17013 hereinafter referred to as Contractor, by AND David M. Usher and Denise C. B. Usher, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a single family dwelling situate in Middlesex Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 15 Redwood Hills, Carlisle, Cumberland County, Pennsylvania and more fully described in Exhibit "A" which is attached hereto and made a part hereof. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($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 itself, himself or themselves and its, his or 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 itself, himself or themselves, its, his or 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 the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF Adin Kenes Builder By: Da~ ~ - COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this, the /~ day of~, 2003 before me, the undersigned officer, personally appeared David M. Usher and Denise C.B. Usher, husband and wife, known to me (or satisfactorily proven) to be the person whose names are 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 NOTARIAL S,-AL ( SEAL ) KANDI L LENKER, NOTARY PUBL]~ CARLISLE BORO, CUMBERLAND COIJNT¥ / / ~ MY COMMISSION EXPIRES FEBRUARY20, 2005 ~ COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this, the /~ day of ~~, 2003 before me, the undersigned officer, personally~~appeared ~J~ ~A~ known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official NOTARIAL. SEAL ~ hANOI L LENKER, NOTARy PUBLIC 'CARLISLE BORO, CUMBERLAND COUNTY I MYCOMMISSION EXPIRES FEBRUARY20,2005 Exhibit A ALL THAT CERTAIN parcel of land situate in Middlesex Township, Cumberland County, Pennsylvania, and shown as Lot No. 1 in the Redwood Hill Subdivision Plan dated January 12, 1988 and recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 55, Page 128, more fully bounded and described as follows, to wit: BEGINNING at a point along Redwood Drive on the aforesaid plan being the northwest corner of Lot No. 14 on the aforesaid plan; thence south thirty (30) degrees, fifty-seven (57) minutes, forty-seven (47) seconds west along the line with the aforesaid lot no. 14 a distance of three hundred thirty-six and thirteen one-hundredths (336.13) feet to a point; thence south sixty-nine (69) degrees, fifty-five (55) minutes, thirty-seven (37) seconds west a distance of one hundred fifty-nine and eight one-hundredths (159.08) feet to a point; thence south thirty (30) degrees one (01) minute, thirty-four (34) seconds west a distance of sixty- five and thirteen one-hundredths (65.13) feet to a point; thence south sixty-four (64) degrees, fifty-six (56) minutes, thirty-five (35) seconds west a distance of one hundred fifty- none and eighty one-hundredths (151.80) feet to a point; thence north twenty (20) degrees, fifty-three (53) minutes, (00) seconds west a distance of one hundred fifty (150.00) feet to a point; thence north one (01) degree, twelve (12) minutes, forty-four (44) seconds east along the line of lot no. 16 on the aforesaid plan a distance of two hundred seventy-nine and twenty one hundredths (279.20) feet to a point along Redwood Drive; thence continuing along the curve of Redwood Drive a radius of three hundred thirty-six and sixty-seven one- hundredths (336.37) feet an arc distance of one hundred thirty-three and fifteen one- hundredths (133.15) feet to a point; thence continuing along Redwood Drive south sixty- nine (69) degrees, forty (40) minutes, nine (09) seconds west a distance of sixty-seven and seventy-two hundredths (67.72) feet to a point, the place of BEGINNING.