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HomeMy WebLinkAbout04-0869Stipulation Against Liens THIS AGREEMENT made the ~'~day of between MILLWOOD BUILDERS, INC., of 4 East Pennsylvania, hereinafter referred to as Contractor, by and High Street, Carlisle, AND MILLWOOD BUILDERS, INC., of 4 East High Street, Carlisle, Pennsylvania, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot of ground known as Lot No. 33 Nicholas Manor, Dickinson Township, Cumberland County, Pennsylvania, further described in Exhibit "A" hereto attached. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to 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 themselves, 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 this 27th day of February, 2004. ATTEST: MILLWOOD BUILDER>,,%,~C. j Michael C. Diehl, President Al-rEST: MILLWOOD BUILDERS, INC. Michae C. DiLShl, Preside~ State of Pennsylvania County of Cumberland SS. On this, the 27th day of February, 2004, before me, a Notary Public, personally appeared Michael C. Diehl, known to me to be the person whose name is subscribed and who acknowledges himself to be the President of Millwood Builders, Inc., and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public d I Notarial Sea] [ Tr ¢ a L, Bailey, Notary Public ! ~otlth MIddloton Twp., Cumbedal,,d County ~ My Cornrntsslon Expires Sept. 24, 2006 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, known as Lot 33 and more fully described on the Final Subdivision Plan for Phase 1 of Nicholas Manor, prepared by Statler-Brehm Associates, Inc., dated October 13, 1999 and recorded April 17, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 80, Page 135, bounded and described as follows, to wit: BEGINNING at a point along the eastern right-of-way line of Nicholas Drive at the dividing line between Lot 32 and Lot 33; thence along said dividing line South 65 degrees 54 minutes 48 seconds East 150.00 feet to a point; thence continuing along the same South 81 degrees 05 minutes 34 seconds East 135.63 feet to a point; thence continuing along the same South 65 degrees 54 minutes 48 seconds East 303.68 feet to a point; thence along line of lands now or formerly of Linwood Phillips, Jr. and Lucille Phillips South 25 degrees 15 minutes 00 seconds West 211.90 feet to a point; thence along the dividing line between Lot 33 and Lot 34 North 64 degrees 59 minutes 57 seconds West 296.08 feet to a point; thence continuing along the same North 66 degrees 43 minutes 57 seconds West 330.49 feet to a point; thence along the eastern right-of-way line of Nicholas Drive along a curve to the right having a radius of 475.00 feet, an arc length of 10.00 feet and a chord bearing of North 23 degrees 29 minutes 01 seconds East to a point; thence continuing along said right-of-way line of Nicholas Drive South 24 degrees 05 minutes 12 seconds West 166.34 feet to a point, the place of BEGINNING. CONTAINING a gross lot area of 124,073 square feet. Exhibit "A'