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HomeMy WebLinkAbout08-2113.i STIPULATION A/GAINST THIS AGREEMENT made this ~` day between Yanek Custom Homes, Inc., of County, Boiling Springs, Pennsylvania, Contractor, AND ~I~. 6~- ~-113 ~~ ~D LIENS of14~ ~ ~ 2 0 0 8 , by and 8 Ridge Road, Cumberland hereinafter referred to as Todd D. Russell and Debra R. Russell, 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 #52 Netherby, South Middleton Township, 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, coven.ant_.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 :YANEK CUSTOM HOMES INC. r..... ~ By: ev" J. Y~nek, President COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS On this, the ~ ~ day of 2008, before me a Notary Public, the undersigned officer, personally appeared Steve J. Yanek, who acknowledged himself to be the President of Yanek Custom Homes, 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 s~t~my hand and~L~icial seal. NOTARIAI. SEAL RENEE L. MURRAY. Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires Dec. 13, 20(19 ~ . ~-. Exhibit A ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two -The Plan of Netherby, prepared by Dawood Associates, dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right of way line of Langley Lane (50 foot right of way) and the northeastern corner of Lot No. 53 on the above-referenced Plan; thence along said Lot No. 53, North 87 degrees 19 minutes 50 seconds West 231.60 feet to a point; thence along land of Harry Whistler, Jr., and Betty Jane Whistler, North 05 degrees 50 minutes 07 seconds East 90.14 feet to a point; thence along Lot No. 51 on the above-referenced Plan, South 87 degrees 19 minutes 50 seconds East 226.62 feet to a point on the right of way line of said Langley Lane; thence along the right of way line of Langley Lane, South 02 degrees 40 minutes 10 seconds West 90.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 52 on the Final Subdivision Plan for Phase Number Two -The Plan of Netherby, and containing 20,619.7 square feet. c'~ rv + ~~ _ C ~ <~39 .. T~ y~ ""~ L ^ ~ I o- T ~ ,",- ,. 'w, {~.. ~, ..~ ~~ 1 V i ~. ! ' 4 ..'.. ~ ms ~ - (`'y~,J e . O ~ ~ ~ ~ N ~ P- ~I r