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HomeMy WebLinkAbout03-5016STIPULATION AGAINST LIENS Sean X. Farrell Jill C. Farrell, Owners C & C Construction and Sean Cully, Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NUMBER ~).~ - ~ ]~ T~EERM~, 2003 WHEREAS, Sean X. Farrell and Jill C. Farrell (the "Owners"), contemporaneously herewith has executed or is about to execute a contract with C & C Construction and Sean Cully (together the "Contractor") for the construction of a building, upon that certain land now owned by Owners situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described on Exhibit A attached hereto. NOW, this September ~, 2003, at the time of and immediately before the execution of the said principal contract, and before any authority has been given by the Owners to the Contractor to commence work on, or to furnish or purchase materials for the aforesaid construction, in consideration of the making of said contract with the Contractor and the further consideration of One Dollar to the Contractor paid by Owners, it is agreed that no liens or claims shall be filed or made against said building and/or land, or any part, piece, parcel or lot thereof, by the Contractor, or any subcontractor, or by any materialmen, workmen or other persons for or on account of any labor provided or materials furnished or purchased, or any extra labor or materials provided, furnished 85663 or purchased for said building or construction, hereby expressly waiving any and all rights to file or make such liens and claims. AND, in furtherance hereof, the Contractor does hereby represent and warrant that as of the time of the execution hereof, neither the Contractor, nor any sub- contractors, materialmen, workmen or any other persons have commenced any work on, or furnished or purchased any materials for the aforesaid building or construction. IN WITNESS WHEREOF, the Owners and Contractor, each intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. WITNESS: ow/ : Sean X. Farrell Jill C. Farrell CONTRACTOR: Sean Cully, 0~ 85663 2 EXHIBIT "A' LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land situate on the eastern side of Fox Hollow Circle in Lower Allen Township, Cumberland County, Pennsylvania, and being more fully bound and described as follows: BEGINNING at a point on the eastern right-of-way line of Fox Hollow Circle at the southern corner of Lot 17; thence along said lot N 64° 03' 55" E a distance of 210.31 feet to a point at the southern corner of Lot 16; thence along said lot N 88° 54' 37" E a distance of 207.01 feet to a point on line of lands now or formerly of Richard P. & Joan M. Eldredge; thence along said lands S 09° 30' 00' E a distance of 100.00 feet to a point at the northeast comer of Lot 19; thence along said lot S 78° 27' 23" W a distance of 353.03 feet to a point on the eastern right-of- way line of Fox Hollow Circle; thence along said line the following two (2) courses: By a line curving to the left and having a radius of 175.00 feet, an arc length of 68.31 feet, and a chord bearing of N 38° 44' 03" W a distance of 67.88 feet to a point; N 49° 55' 00' W a distance of 31.69 feet to a point, the place of BEGINNING. CONTAINING 1.01 acres and being Lot 18 of High Meadow Phase II on the Revised Subdivision Plan of Lots 17, 18, 19 & 20 Plan of High Meadow - Phase II recorded at Plan Book 51, Page 148. 85663