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HomeMy WebLinkAbout07-7064f -- . 07 - 70~~ M ~D STIPULATION AGAINST LIENS THIS AGREEMENT made this day of ~ 2007, by and between Ridgeview Custom Homes, LLC, hereinafter referred to as Contractor, AND MARK J. ESHELMAN AND JOY S.D. ESHELMAN, husband and wife, hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot 143 Indian Hills, 5 Locust Court, Boiling Springs, Cumberland County, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or 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 itself, himself or themselves, its, his or 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 the day and year first above written. Signed, sealed and delivered in the presence of ~ ,.. C. RIDGE T OMES, LLC By: Herbert G. Weaver, Member COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the / 9 day of 2007, before me a Notary Public, the undersigned officer, personally appeared Herbert G. Weaver, who acknowledged himself to be a member of Ridgeview Custom Homes, LLC and that he as such Member being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said LLC by himself as such Member. IN WITNESS WHEREOF, NOTARIAL SEAL KANDI L. LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2009 I hereunto set my hand and official seal. ~ ,.~ Exhibit A ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 143 on the Final Subdivision Plan of Indian Hills -Section No. 4, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly described as follows: BEGINNING at a point on the northern right of way line of Locust Court (a 50 feet wide right of way) at the dividing line of Lot No. 143 and Lot No. 142 of the aforementioned Plan; thence along the dividing line between Lot No. 143 and Lot No. 142, South 61 degrees 55 minutes 45 seconds East 200.36 feet to a point; thence along the dividing line between Lot No. 143 and Lot No. 129, South 20 degrees 11 minutes 44 seconds West 148.57 feet to a point; thence along the dividing line between Lot No. 143, Lot No. 158 and Lot No. 157, North 78 degrees 00 minutes 41 seconds West 238.65 feet to a point; thence along the dividing line between Lot No. 143 and Lot No. 144, North 07 degrees 44 minutes 51 seconds East 88.00 feet to a point; thence along the dividing line between Lot No. 143 and the northern right of way line of Locust Court (a 50 feet wide right of way) by a curve to the left having a radius of 60.00. feet, an arc length of 72.97 feet with a chord bearing North 62 degrees 54 minutes 33 seconds East 68.55 feet to a point; thence continuing along the dividing line between Lot No. 143 and the northern right of way line of Locust Court (a 50 feet wide right of way) North 28 degrees 04 minutes 15 seconds East 74.49 feet to the point and place of BEGINNING. 0 1 0 C) -~ n na '6a. ~ =- ..r ~ `=; ~ .. j~~ ..~(Y3 `J ~ _ '.~ _~ ~ t'+ ` ~ ~ • r