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HomeMy WebLinkAbout07-5078i JERRY A. LUCAS aka aka GERALD A. LUCAS, and CRYSTAL M. LUCAS, husband and wife, Owners vs. BI-TEK BUILDING CONTRACTORS, INC. a Pennsylvania Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Contractor STIPULATION AGAINST LIENS JERRY A. LUCAS aka GERALD A. LUCAS and CRYSTAL M. LUCAS, husband and wife, of 486 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania, hereinafter collectively called "Owners", have executed, or are about to execute contemporaneously herewith, a contract with BI-TEK BUILDING CONTRACTORS, INC, a Pennsylvania corporation, hereinafter called "Contractor', for the construction of site improvements and other structures upon land of Owners situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 1 on the Final Subdivision Plan for Dorothy P. Danner, made by Hartman and Associates, Inc., Engineers and Surveyors, dated August 22, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 74, at Page 66, and being known and numbered as 486 Rich Valley Road, Tax Parcel 8-05-0435-039, more particularly bounded and described on Exhibit "A," attached hereto and made part hereof. NOW, this `1~ day of , 2007, before any authority has been given by the said Owners to the said Contractor to commence work on the said improvements or to purchase materials for the same, in consideration of the making of the said contract with Owners and the further consideration of One Dollar ($1.00), to Contractor paid by Owners, it is agreed that no lien shall be filed against said improvements or the above property of Owners by the Contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the construction upon said real property, the right to file such liens being expressly waived. C~ WITNESS, our hands and seals the day and year aforesaid. Owners: Jer . L s aka Gerald A. Lucas Crystal M. Lucas Contractor: BI-TEK BUILDING CONTRACTORS, INC. By Name: erald A. Lucas Title: President 307249 ~; ••. EXIiIBIT "A" ALL THAT CERTAIN lot of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania bounded and described in accordance with a certain Final Subdivision Plan for Dorothy P. Danner, made by Hartman and Associates, Inc., Engineers and Surveyors, dated August 22, 1996, as revised through October 18, 1996, consisting of one page, a copy of which is recorded in C~unberland County Pan Book 74 at Page 66, and incorporated herein by reference, as follows, to wit: BEGINNING at an iron pin set on the centerline of Rich Valley Road (S.R. 1009) at line of lands now or formerly of Lester L. Vogelsong; thence by same, South 82 degrees 15 minutes 00 seconds East 20.666 feet to a concrete monument to be set at the dividing line between Lots No. 1 and 3 of the above mentioned Subdivision Plan; thence along said dividing line, South 19 degrees 45 minutes 00 seconds West 25.56 feet to an iron pin in common with Lots No. 1, 2 and 3 of said Plan; thence along the dividing line between Lots No. 1 and 2, South 19 degrees 45 minutes 00 seconds West 25.56 feet to an iron pin; thence continuing along said dividing line between Lots No. 1 and 2, South 82 degrees 15 minutes 00 seconds East 811.22 feet to an iron pin; thence by same, South 84 degrees 15 minutes 00 seconds East 550.73 feet to an iron pin; thence, continuing by same and across an existing AT&T Fiber Optic Cable easement, South 08 degrees 00 minutes 00 seconds West 477.34 feet to an iron pin at line of lands now or formerly of Lewis Appelbaum; thence by same and by lands now or formerly of three adjoiners, W. Wade Kelly, Darius S. Bharucha, and Steven E. Moser, North 80 degrees 15 minutes 00 seconds West 1,236.74 feet to an iron pin; thence by lands now or formerly of said Moser and across the aforesaid AT&T easement, North 13 degrees 45 minutes 0!0 seconds East 186.82 feet to an iron pin; thence continuing by lands now or formerly of Steven E. Moser, North 81 degrees 00 minutes 00 seconds West 216.38 feet to a concrete monument to be set; thence North 81 degrees 00 minutes 00 seconds West 30.666 feet to an iron pin on the centerline of Rich Valley Road (S.R. 1009); thence on and along the centerline of Rich Valley Road, North 19 degrees 45 minutes 00 seconds East 280.57 feet to an iron pin at line of lands now or formerly of Lester L. Vogelsong, the point and place of BEGINNING. CONTAINING 13.2191 acres, more or less. BEING all of Lot No. 1 of the certain Final- Subdivision Plan for Dorothy P. Danner recorded as aforesaid. AND BEING improved with an existing dwelling known and numbered as 486 Rich Valley Road, Carlisle, Pennsylvania 17015 (formerly 17013). TOGETHER with the free and common use, right, liberty and privilege as well as UNDER AND SUBJECT, nevertheless, to certain conditions of a 50 feet wide perpetual cross access easement for ingress, egress, and regress in common with any present and future owners of all lots along a 16 feet wide joint use driveway between Rich Valley Road (S.R. 1009) and each lot as appear of record on the same date in Cumberland County Miscellaneous Book 544, Page 271. ALSO UNDER AND SUBJECT, nevertheless, to municipal sewage facilities planning procedures and requirements as set forth on the aforementioned Subdivision Plan for any change in sewage disposal systems. Tax Parcel No. 3g-US-0435-039 ~ ~ w v r r c> ,.. ~- ._ , C{"~ ~~. ~ `~ r+a ~: .~' a -~, .~ ~;~, _i3 ~, ~ {'-1 r~.~~~ ;~ t"~'i