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HomeMy WebLinkAbout07-7457.r ""` STIPULATION AGAINST LIENS THIS AGREEMENT made this ~! day of ~ih~ 2007, by and between Farinelli Construction, Inc. hereinafter referred to as Contractor, AND Donald J. Farinelli and Jeanne K. Farinelli, 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 Upper Allen 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 #25 Arborfield Subdivision, Mechanicsburg, PA 17055. 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 presen,, f ,, ,. FARINELLI GON TR TION, INC. . '~ ~{~~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS On this, the ~/ ~ day of 2007, before me a Notary Public, the undersigned officer, personally appeared Donald J. Farinelli, who acknowledged himself to be the President of Farinelli Construction, Inc. and that he as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set my hand an o icial seal. NOTA L KANDI L LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2009 ~ r ..,. Exhibit A ALL THAT CERTAIN tract of land located in Upper Allen Township, Cumberland County, Pennsylvania, known as Lot #25 of the Arborfield Subdivision plan as indicated on a plan dated July 30, 2004 last revised November 5, 2004 by Alpha Consulting Engineers, Inc. and recorded in plan book 90, page 23 of the public records of Cumberland County, Pennsylvania being more particularly described as follows: BEGINNING at a point on the right-of--way of Arbor Court at the common property corner of Lot 5 and Lot 25 of Arborfield, said point being located South 42 degrees 09 minutes 06 seconds West a distance of 141.80 feet from a concrete monument located on the western right-of--way of Gettysburg Pike; thence along Lot 5 of Arborfield South 62 degrees 38 minutes 05 seconds East a distance of 36.45 feet to a point on the western right-of--way of Gettysburg Pike; thence along the western right-of--way of Gettysburg Pike South 27 degrees 21 minutes 54 seconds West a distance of 278.63 feet to a point; thence along the same by a curve to the right having a radius of 35.00 feet, an arc length of 65.26 feet, a chord bearing of South 80 degrees 46 minutes 43 seconds West and a chord length of 56.21 feet to a point on the proposed northern right-of--way of Fisher Road; thence along the proposed northern right-of--way of Fisher Road North 45 degrees 48 minutes 29 seconds West a distance of 272.41 feet to a point; thence along Lot 1 and Lot 2 of Arborfield North 44 degrees 11 minutes 30 seconds East a distance of 141.41 feet; thence along Lot 3 and Lot 4 of Arborfield North 42 degrees 39 minutes 43 seconds East a distance of 141.59 feet to a point on the southern right-of--way of Arbor Court; thence along the southern right-of--way of Arbor Court South 47 degrees 19 minutes 00 seconds East a distance of 75.62 feet to a point; thence along the same by a curve to the right having a radius of 25.00 feet, an arc length of 30.77 feet, a chord bearing of South 12 degrees 03 minutes 08 seconds East and a chord length of 28.87 feet; thence along the same by a curve to the left having a radius of 50.00 feet, an arc length of 153.46 feet, a chord bearing of South 64 degrees 42 minutes 40 seconds East and a chord length of 99.93 feet to a point, being the place of BEGINNING. c ~ . r ~ ~ ~)~ 1' R -I-- n 0 v -~ ~~ ~~ r~ j !"` ~) i,_.5 ' - r -- ham` • 4 ~ Y r Y^' i ~ r _~ _ _~ -_ ~' _j` _~ -~- ._.__ ,~