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HomeMy WebLinkAbout07-5604~. F:IFILES1CIientsUZeal Estate\12205 Sheaffer\12205.3.STIPVL.wpd STIPULATION AGAINST LIENS STEVEN N. SHEAFFER Owner v. DAVID J. RAUDABAUGH, Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA o>- soy ~~~ This instrument is executed this 21St day of September, 2007, by DAVID J. RAUDABUGH ("Contractor") (or "Subcontractor"') in favor of STEVEN N. SHEAFFER ("Owner") Whereas, Owner is about to execute contemporaneously herewith, a contract with Contractor for the erection of townhomes upon a lot of land situate in South Middleton Township, Cumberland County, Pennsylvania, being known as Lots Nos. 11 to 14, Subdivision Plan for Sable Chase, as recorded in Cumberland County Plan Book 93, Page 40, more fully described as follows: ALL THOSE CERTAIN tracts of unimproved land situate in South Middleton Township, Cumberland County, Pennsylvania, more particulazly bounded and described in accordance with the Final Subdivision/Landbevelopment Plan, Proposed site/Subdivision for Sable Chase, prepazed by Madden Engineering Services, Inc., dated January 24, 2006 and recorded October 17, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 93, Page 40, as follows: TRACT 1: BEGINNING at a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 11 and 12 of the aforementioned Plan; thence continuing along same South 31 degrees 51 minutes 10 seconds West, a distance of 104.39 feet to a point at the dividing line between Lots 11 and 6 of the aforementioned Plan; thence continuing along same, North 58 degrees 08 minutes 50 seconds West, a distance of 65.05 feet to a point at the dividing line between Lots 11 and 10 of the aforementioned Plan; thence continuing along same, North 46 degrees 59 minutes 18 seconds East, a distance of 115.00 feet to a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.00 feet, an azc length of 35.66 feet, a chord bearing of South 47 degrees 33 minutes 09 seconds East, a chord length of 35.63 feet to the point and place of Beginning. CONTAINING 5,423 squaze feet and being all of Lot 11 on the aforementioned Plan. TRACT 2: BEGINNING at a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 12 and 13 of the aforementioned Plan; thence continuing along same, South 31 degrees 51 minutes 10 seconds West, a distance of 103.13 1 w feet to a point at the dividing line between Lots 12 and 6 of the aforementioned Plan; thence continuing along same, North 58 degrees 08 minutes 50 seconds West, a distance of 24.00 feet to a point at the dividing line between Lots 11 and 12 of the aforementioned Plan; thence continuing along same, North 31 degrees 51 minutes 10 seconds East, a distance of 104.39 feet to a point at the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.01, an azc length of 24.04 feet, a chord beazing of South 55 degrees 09 minutes 18 seconds East, a chord length of 24.03 feet to the point and place of Beginning. CONTAINING 2,487 squaze feet and being all of Lot 12 of the aforementioned Plan. TRACT 3: BEGINNING at a point on the southwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 13 and 14; thence continuing along same, South 31 degrees 51 minutes 10 seconds West, a distance of 104.45 feet to a point on the dividing line between Lots 6 and 13 of the aforementioned Plan; thence continuing along same, North 58 degrees 08 minutes 50 seconds West, a distance of 24.00 feet to a point at the dividing line between Lots 12 and 13 of the aforementioned Plan; thence continuing along same, North 31 degrees 51 minutes 10 seconds East, a distance of 103.13 feet to a point on the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.01, an azc length of 24.05, a chord bearing of South 61 degrees 16 minutes 42 seconds East, a chord length of 24.04 feet to the point and place of Beginning. CONTAINING 2,487 squaze feet and being all of Lot 13 on the aforementioned Plan. TRACT 4: BEGINNING at a point on the southwestern side of Sable Drive (a 50 foot wide right of way) at the dividing line between Lots 14 and 15 of the aforementioned Plan; thence continuing along same South 16 degrees 37 minutes 20 seconds West, a distance of 115.18 feet to a point at the dividing line between Lots 6 and 14 of the aforementioned Plan; thence continuing along same, North 58 degrees 08 minutes 50 seconds West, a distance of 65.20 feet to a point at the dividing line between Lots 13 and 14 of the aforementioned Plan; thence continuing along same, North 31 degrees 51 minutes 10 seconds East, a distance of 104.45 feet to a point on the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.00 feet, an azc length of 35.49 feet, a chord bearing of South 68 degrees 51 minutes 32 seconds East, a chord length of 35.45 feet to the point and place of Beginning. CONTAINING 5,420 squaze feet and being all of Lot 14 of the aforementioned Plan. UNDER AND SUBJECT, to the Declazation of Covenants and Restrictions as recorded in Miscellaneous Book 731, page 1127. UNDER AND SUBJECT, to the By-Laws of Sable Chase Homeowners Association, Inc., as recorded in Miscellaneous Book 731, page 1141. 2 ,~ SUBJECT to the reservation of a ten (10') foot access easement as referenced on the aforementioned Plan, along with the rights to the use often (10') foot access easement behind and across other lots of Sable Chase, to allow for ingress, egress and regress for the purpose of lawn maintenance (applies to Lots 7, 8, 9, 11, 12 and 13). BEING the same premises which, Welubhi Housing Group, LLC by Deed dated October 17, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 987, granted and conveyed unto Steven N. Sheaffer. At the time of and immediately before the execution of the construction contract aforesaid, 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 Owners making of the said contract with Contractor, and intending to be legally bound hereby, it is agreed that no lien shall be filed against the building by Contractor, or any sub-contractor, nor by any of the materialmen 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 hand and seals the day and year aforesaid. David J. Raudabaugh, Contractor ~ ~ ~~\ S even N. Sheaffer, O er ~.3 Signed,Sealed and Delivered in the presence of COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the ~!"- day of .~=~-~- , 2007, before me, the undersigned officer, personally appeared, STEVEN N. SH AFFER, 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 off seal. !G `~ (SEAL) Notary Public COMMf31`I~EAI.'FH QF RE1VbIS~I.IdANiA NO~~IAL ~ 'Al- victoria t~, Qua, Nuttry Public Car1181G 9orAUg1L Cumberland Cautrty My communion ax ire December 20, 2010 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the~5~' `day o;~~yc.~ , 2007, before me, the undersigned officer, personally appeared, DAVID J. RAUDABAUGH, 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 off al. (SEAL) Notary Public COIvIN10NWEAL'FE10F PENNSYLVANIA NOTARIAL SEAL Victoria L• Otto, Notary Public Carlisle Borough, Cumberland County My commission ex Tres December 20, 2010 /.~ ~ p O ~.a ~ ~- ~ `~ ~ :v `s` `~~i' '~ v . . ~, ~ ~ ~ ~ ~ ~ -z ~