HomeMy WebLinkAbout03-5884STIPULATION AC, AINST LIENS
THIS A~REEMENT made the~ ~ of NOVEMBER, 2003, by and
between IACONO COMPANY, Contractor,
James L.D. Monroe and Diane F. Monroe, husband and wife,
hereinafter referred to as Owner, whereby the former undertook
and agreed to erect and conetruc= a single family dwelling on that
certain lot of ground situate in
upper Allen Township, Cumberland County, Pennsylvania, more
particularly described in attached Exhibit "A", also referred
to am 1170 Flemming Drive, Mechanicsburg, Pennsylvania.
NOW THEREFORE, THIS AGREEMENT WITNEBSETH: That the said
Contractor, for and in consideration of the sum of ($1.00) Dollar
to IACONO COMPANY 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, ~ile, 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 ~4~ day of NOVEMBER, 2003.
Signed, sealed and Delivered
in the Presence of
· D ._ Monroe
~y: Ralph Iacono
(Seal)
(Seal)
(Seal)
~LT44-- ~ffO r~ 0o% rno~r0¢
Exhibit "A"
ALL THAT CERTAIN lot in the property known, named and
identified in the Declaration, referenced below, as "Ashcombe
Farms North, a Planned Community", located in Upper Allen
Township, Cumberland County, Pennsyvlania, which has heretofore
been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa. C.S.A. Section 5101 et seq., as
amended, by the recording in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, the Declaration for
Ashcombe Farms North, a Flexible Residential Planned community
("Declaration") dated August 7, 1997, recorded August 8, 1997,
in Misc. Book 554, Page 151, as amended by First Addendum to
Declaration for Ashcombe Farms North, a Flexible Residential
Planned Community ("First Addendum"), dated April 27, 1998, and
recorded April 30, 1998 in Misc. Book 575, Page 228, as amended
by Second Addendum to Declaration for Ashcombe Farms North, A
Planned Community, dated May 25, 2000, recorded June 1, 2000, in
the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Misc. Book 645, Page 409, and as amended by
Third Addendum to Declaration for Ashcombe Farms North, A
Planned Community, dated November 21, 2001, recorded January
23, 2002 in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Misc. Book 684, page 246, designated
in such Declaration, as amended, as Lot No. 19 (Identifying
Number), as described in Section 2.2 of the Declaration, as
amended, and shown (and described in Exhibit E of the
Declaration, to wit:
CONTAINING 15,765.76 square feet, more or less.
BEING LOT NO. 19, Ashcombe Farms North Final - Phase I Site
Plan, dated August 8, 1996, recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan
Book 73, Page 12.
UNDER AND SUBJECT, to any and all restrictive covenants,
conditions, restrictions, rights-of-way, easements and
agreements of record, including, but not limited to, Ashcombe
Farms North Final Subdivision Plan - Phase I, dated August 8,
1996, recorded
in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Plan Book 73, Page 12, Ashcombe Farms North
Revised Final Phases 1 and 2, dated August 1, 1998, recorded in
the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Plan Book 77, Page 127, a twenty five (25')
foot wide drainage easement (Controlled Facility) across the
western portion of the premises, and one half of a twenty five
(25') foot wide drainage easement (Controlled Facility) across
the eastern portion of the premises, as shown on Exhibit E of
the Declaration.