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HomeMy WebLinkAbout04-0747STIPULATIONS AGAINST LIENS MALINDA J. REESE, n.k.a. MALINDA J. PARSON, ANTHONY E. PARSON, her husband Owners In the Court of Common Pleas County of Cumberland, Pennsylvania Number Term, 2004 -' ~? RON SMITH CONSTRUCTION Contraetor WHEREAS, On the /~L/~ day of ~ , 2004, an agreement was entered into between the said PARSONS, of 801 Baltimore Road, Sl(-fppensburg, Cumberland County, Pennsylvania and RON SMITH CONSTRUCTION of 10712 Upper Strasburg Road, Upper Strasburg, Pennsylvania, 17265, wherein and whereby the said RON SMITH CONSTRUCTION undertook and agreed to erect and construct a residential dwelling house upon a lot of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly described in Exhibit A attached hereto. NOW, Therefore, This Agreement Witnesseth, that the said RON SMITH CONSTRUCTION for and in consideration of the sum of One Dollar, to it paid by the said PARSONS the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for himself and his subcontractors, material men or workmen and all parties acting through or under him, covenants and agrees that no mechanic's claims or liens shall be filed or maintained by him, them or any of them against the said buildings and the lot of ground appurtenant thereto, or any of them, for or on account of any work done or materials furnished by it, them, or any of them, under said contract or otherwise, for, towards, in or about the erection and construction of the said buildings, or any of them, and the said RON SMITH CONSTRUCTION, for itself and it's subcontractors, and others under it, hereby expressly waives and relinquishes the right to have, file or maintain any mechanic's lien or claim against the said buddings, and lot of ground appurtenant thereto or any of them, and agrees that this agreement waiting the right of lien shall be an independent covenant. WITNESS, ourhands and sealsthis /,~//~ dayof ~, 2004. Signed, Sealed and Delivered in the presence of: 5 A~ r~¢~~ (SEAL) } ~HONY . PARSO~ / ~SSES / / RON ~ITH CONSTUCTION ~ / 10712 Upper St~b~gRo~ Upper St~bu~, Pe~syav~ia, 17265 by Ronnie R. Smith, owner PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a iron pin on the nodhern edge of the cul-de-sac at the end of a 50 feet wide private right-of-way at the common corner of Lots Nos. 19 and 20, as shown on subdivision plan for Jeungyen K. Van Scyoc filed July 15, 1993, in Cumberland County Plan Book 66, Page 78; thence along Lot No. 19 on the aforesaid subdivision plan, North 14 degrees 21 minutes 50 seconds West 231.98 feet to an iron pin; thence along lands now or formedy of Thomas Trez, North 75 degrees 38 minutes 09 seconds East 235.81 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan, South 41 degrees 30 minutes 02 seconds East 406.44 feet to an iron pin; thence along Lots Nos. 14 and 13 on the aforesaid subdivision plan, South 50 degrees 40 minutes 15 seconds West 323.19 feet to an iron pin on the eastern edge of the aforesaid 50 feet wide private dght.-of-way; thence along the edge of the aforesaid 50 feet wide pdvate right-of-way, North 39 degrees 19 minutes 45 seconds West 191.95 feet to a point on the eastern edge of the cul-de-sac at the end of the 50 feet wide right-of-way; thence along the edge of the cul-de-sac by a curve to the right having a radius of 30.00 feet, a chord bearing of North 16 degrees 02 minutes 44 seconds West, an arc distance of 24.38 feet to a point; thence continuing along the edge of the cul-de-sac by a curve to the left having a radius of 50.00 feet, a chord bearing of North 48 degrees 33 minutes 47 seconds West, an arc distance of 97.39 feet to an iron pin, the point and place of BEGINNING. CONTAINING 3.1473 Acres, more or less. BEING all of Lot No. 20 on subdivision plan for Jeungyen K. Van Scyoc, filed July 15, 1993, in Cumberland County Plan Book 66, Page 78. TOGETHER with a one-third (1/3) undivided interest as tenants in common in the aforesaid fifty (50) feet wide pdvate right-of-way as shown on the recorded subdivision plan, said ownership interest to be in common with the owners of Lots Nos. 18 and 19 as shown on the recorded subdivision plan and subject to the terms and conditions contained in an agreement for said fifty (50) wide private right-of-way filed in conjunction with the subdivision plan for Jeungyen K. Van Scyoc approved by the Supervisors of North Newton Township, and filed for record in Cumberland County Plan Book 66, Page 78, said agreernent being filed for record in Cumberland County Miscellaneous Book 498, Page 1162; and as modified by a declaration concerning the aforesaid fifty (50) feet wide right-of-way, dated October 27, 1996, and filed for record in Cumberland County Miscellaneous Book 533, Page 594.