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HomeMy WebLinkAbout03-5125H & B Homes, Owner V H & M Enterprises, Inc. Contractor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- '13.g mt-O STIPULATION AGAINST LIENS WHEREAS, H & B Homes, a Pennsylvania Partnership (Owner), of Cumberland County, Pennsylvania, are about to execute contemporaneously herewith, a contract with H & M Enterprises, Inc. (Contractor), for the execution of a home situate at Lot 7, Prickly Pear Drive, Hillcrest Farms West, Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described on the attached Exhibit A. NOW, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same, in consideration of the making of the said contract with Contractor and the further consideration of One Dollar, to be paid to Contractor, it is agreed that no lien shall be filed against the building 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 erection of said building, the right to file such liens being expressly waived. WITNESS our hands and seals the 0,~~' day o~_a~ 2003· Signed, Sealed and Delivered in the presence H & B Homes, Owner BY~Ha/~rol~d L~. St o~n eberger ATTEST H & M Enter rises ~ ontractor ...~alen L. AndersonT'General Manager LEGAL DESCRIPTION - LOT 7 ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the northern side of a 50 foot wide right-of-way known as Prickly Pear Drive along the dividing line between Lots Nos. 6 and 7 of the hereinafter mentioned Plan of Lots; thence continuing along said dividing line, North 64 degrees 33 minutes 08 seconds West, a distance of 142.61 feet to a point along the dividing line between Lots Nos. 7 and R2, which is land reserved for future development as Phase II of Hillcrest Farms West of the hereinafter mentioned Plan of Lots; thence continuing along said dividing line, South 16 degrees 05 minutes 16 seconds West, a distance of 172.00 feet to a point along the dividing line between Lots Nos. 7 and 8 of the hereinafter mentioned Plan of Lots; thence continuing along the said dividing line, South 88 degrees 19 minutes 22 seconds East, a distance of 178.30 feet to a point along the northern side of Prickly Pear Drive; thence continuing along the northern side of Prickly Pear Drive by a curve to the left, having a radius of 225.00 feet, an arc length of 30.62 feet with a chord bearing of North 02 degrees 11 minutes 18 seconds East, and a chord length of 30.59 feet to a point, the place of BEGINNING. CONTAINING 0.50 acres and being Lot No. 7 of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., dated February 20, 2002 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. ALSO UNDER AND SUBJECT to any restrictions, easements and right-of-ways as recorded in Plan Book 86, Page 57.