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HomeMy WebLinkAbout03-5268Stipulation Against Liens THIS AGREEMENT made the"'"'~'~,D~day of (~-~--O'fO~bef, 2003, by and between ARTISTECH, INC,, of 282 Al Pat Drive, Dillsburg, Pennsylvania, hereinafter referred to as Contractor, AND ABEl Y M. BURKHOLDER and KEITH C. BURKHOLDER, her husband, of Carlisle, Pennsylvania, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot of ground known as 434 Barnstable Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, further described in Exhibit "A" hereto attached. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and 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 themselves, 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 this~Haday of~.~)~.~- , 2003. ATTEST: ARTI~ C B~~~dent~, Witness: Keith C. Burkholder State of Pennsylvania Countyof SS. On this, the c;~-)day of ~8¢f~, 2003, before me, a Notary Public, personally appeared David Hoffman, known to me to be the person whose name is subscribed and who acknowledges himself to be the President of Artistech, Inc., and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial Seal Tricia L. Bailey, Notary Public South Middleton ~Avp., Cumberland County My Commission Expires Sept.. 24, 2006 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) :SS. ) On this, the o¢-~ day of ~Off. , 2003, before me, the undersigned officer, personally appeared Abby M. Burkholder and Keith C. Burkholder, her husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public No~ariai Seal I l~ricia L. Bailey, Notm'y Public South Middleton ~p., Cumberland County My Commission Expires Sept.. 2~, 2006 LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of Township Road T-447, at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence North 27 degrees 23 minutes 48 seconds East a distance of 214.57 feet to a post at the center of lands now or formerly of Peter Kutulakis; thence along same, North 71 degrees 45 minutes East a distance of 426.69 feet to a post at the corner of lands now or formerly of Richard Chamberlain; thence along same, South 21 degrees 44 minutes 52 seconds East 150.28 feet to point at the corner of Lot No. 2 on the hereinafter mentioned Subdivision Plan; thence along the dividing line between Lots Nos. 2 and 3 South 71 degrees 45 minutes West a distance of 589.29 feet to a point in the centerline of Township Road, T-447, the place of BEGINNING. TOGETHER with an easement to utilize an existing driveway on other lands of Grantors adjoining to the South for ingress and regress, which easement shall be subject to the obligation of grantees, and their heirs and assigns to equally share the cost of maintenance of the shared portion of the driveway with Grantors and their heirs and assigns. Said easement to run with the land. BEING Lot No. 3 on a Subdivision Plan for Robert A. Nickey, prepared by Larry V. Neidlinger, Professional Engineer, dated June 22, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 33, Page 72. BEING the same premises which Dennis E. Line and Phyllis L. Line, husband and wife, by their Deed dated August 20, 2003 and recorded August 21, 2003 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 258, Page 4049, granted and conveyed unto Abby M. Burkholder and Keith C. Burkholder, wife and husband. EXHIBIT "A"