HomeMy WebLinkAbout08-0849r
STIPULATION AGAINST LIENS
Kenneth A. Bretzel and Elaine M.
Bretzel,
v.
Owner
Musser Home Builders, Inc.,
Contractor
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY,
PENNSYLVANIA
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WHEREAS, Kenneth A. Bretzel and Elaine M. Bretzel of 903 E. Coover St., Mechanicsburg,
PA 17055, is about to execute contemporaneously herewith, a contract, with Musser Hcme
Builders, Inc. of Dillsburg, PA 17019, for the erection of a building upon premises commonly
known as 1620 Fox Hollow Road, Township Lower Allen, Cumberland County,
Pennsylvania, as set forth in the deed dated 01/04/82, recorded at Book X-29, Page 53 (part
of), in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically
described in Exhibit "A" which is incorporated herein and attached hereto.
NOW, January 30, 2008, at the time of and immediately before the execution of the principal
contract, 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 making of the said contract with Contractor and the further consideration of One
Dollar ($1.00), to contractor paid by Owner, it is agreed that no lien shall be filed against the
building by the Contractor, or any subcontractor, 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 hands and seals the day and year aforesaid.
SIGNED AND SEALED IN THE PRESENCE OF:
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CONTRACTOR:
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OWNER:
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Kenneth A. Bretzel
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Elaine M. Bretzel
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EXHIBIT "A"
ALL THAT CERTAIN lot or tract of land being situated along the East side of
Lisf,urn Road, SR 2017, in Lower Allen Township, Cumberland County, Pennsylvania.
saicl Lot being shown as Lot No. 9 on a Final Subdivision Plan for High Meadow, Phase
IV, dated July 19, 1996, and last revised August 27, 1997, as recorded in Plan Book 75,
Pacle 94, said Lot being more particularly bounded and described as follows:
BEGINNING AT A PAINT, on the Western right-of-way line of Fox Hollow Road,
sail point being the Northeastern comer of the above described Lot and the
Southeastern comer of Lot No. 8 of the above referenced Subdivision Plan; thence
following the same, right-of--way line South 50 degrees 36 minutes 42 seconds East,
130.42 feet to a point; thence along the Northern right-of-way line of Woodcreek Drive
the following four (4) courses and distances 1) a curve to the right with a radius of 10.00
feet: and an arc length of 15.26 feet to a point Z) in a curve to the !eft with a radius of
775.00 feet and an arc length of 38.69 feet to a point being a proposed concrete
monument 3) South 33 degrees 58 minutes 18 seconds West, 91.68 feet to a point 4) a
curve to the right with a radius of 25.00 feet and a length of 36.91 feet to a point on the
Eastern right-of-way line of Lisburn Road (SR 2017); thence along the right-of-way line
of Lisburn Road North 50 degrees 52 minutes 00 seconds West 127.78 feet to a point;
thence along the Southern property line of Lot No. 8 North 39 degrees 39 minutes 46
seconds East, 167.34 feet to a point, being the Point of BEGINNING.
The above-described Lot is under and subject to the following easements as
shown on the above-referenced Plan:
1) A 50 foot wide landscape buffer
2) An entrance planting easement in the Southern corner
3) A 150 foot clear sight triangle at the intersection of Lisburn Road and
Woodcreek Drive
4) A 75 foot clear sight triangle at the intersection of Woodcreek Drive and
Fox Hollow Lane.
UNDER AND SUBJECT to Declaration of Protective Covenants, as
recorded on March 20, 1979, in the Office of the Recorder of Deeds in and for
Cumberland County, in Miscellaneous Book 242, Page 215.
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