Loading...
HomeMy WebLinkAbout04-0208 STIPULATION AGAINST LIENS THIS AGREEMENT made the /~.~'~ day of January, 2004, by and between BRIARWOOD CONSTRUCTION COMPANY, INC., a VA corporation with principal place of business at 11400 Mount Hermon Road, Ashland, Hanover County, Virginia, hereinafter referred to as"CONTRACTOR", and H. RUSSELL GROVE, II, and EVELYN K. GROVE, husband and wife, of P.O. Box 617, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as "OWNER", whereby the former undertook and agreed to erect and construct a residence on that certain tract of ground situate in South Middleton Township, Cumberland County, Pennsylvania, being known as 551 Mountain Road, Boiling Springs, Pennsylvania 17007; See Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE~ THIS AGREEMENT WITNESSETH: That the said CONTRACTOR, for and in consideration of the sum of One ($1.00) Dollar to it 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 itself, its subcontractors and others under it hereby expressly waives and relinquishes 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 /,~)Zj'~:tay of January 2004 WITNESS: OWNER: H. Russell Grove, II ATTEST: CONTRACTOR: BRIARWOOD CONSTRUCTION COMPANY, INC. Exhibit "A" ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point at Township Road 538 (Mountain Road) between properties of the Bonnybrook Riding Club and properties of the Grantors herein; thence along the lands now or formerly of the Bormybrook Riding Club South 64 degrees 30 minutes East a distance of 1,316.70 feet to a point; thence along the same South 70 degrees East 198 feet to a point; thence along the same South 43 degrees 30 minutes East a distance of 660 feet to a point; thence along lands now or formerly of the Tressler Lutheran Services North 67 degrees East a distance of 1,564.06 feet, more or less, to the division line of Lot No. 4 and Lot No. 1 of the hereinafter mentioned Plan of Lots; thence along Lot No. 4 North 22 degrees 43 minutes 45 seconds West a distance of 398.67 feet to an iron pin; thence along the same boundary line between Lot No. 1 and Lot No. 2 North 72 degrees 35 minutes 32 seconds West a distance of 216.27 feet to an iron pin; thence along the same South 50 degrees 40 minutes 57 seconds West a distance of 251.73 feet to an iron pin; thence along the same South 75 degrees 57 minutes 48 seconds West a distance of 211.73 feet; thence along the same North 72 degrees 55 minutes 02 seconds West a distance of 105.75 feet to an iron pin; thence along the same boundary line and border an existing chain link fence North 22 degrees 05 minutes 20 seconds West a distance of344.14 feet to a point in Township Road T~538 (Mountain Road); thence along said Mountain Road North 38 degrees East a distance of 386.61 feet, more or less, to a point in said Mountain Road; thence continuing along said Mountain Road North 22 degrees 30 minutes East, a distance of 882.75 feet to a point being the place of BEGINNING. BEING all of tract No. 1 and listed as "Lot No. 1 Residual Area"on the Plan of Lots recorded in the Subdivision Plan for Jack M. and Viola R. Kiracofe dated August 2, 1988 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 56, Page 33. BEING the stone premises which Jack M. Kiracofe and Viola R. Kiracofe, his wife, by their Deed dated September 28, 1993 and recorded in Cumberland County, Pennsylvania Deed Book O, Volume 36, Page 656, granted and conveyed unto H. Russell Grove, 1I and Evelyn K. Grove, husband and wife.