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HomeMy WebLinkAbout04-1700STIPULATION AGAINST LIENS NOEL W. SPENCER and SHERRY C. SPENCER, MCNAUGHTON HOMES, Owner Contractor : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .- :NO. ~,5 /7~Ydp ,'q'/~/'5 WHEREAS, NOEL W. SPENCER and SHERRY C. SPENCER of 117 Kim Acres Drive, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with MCNAUGHTON HOMES of 4400 Deer Path Road, Harrisburg, Pennsylvania, for the erection of a building upon premises commonly known as 2191 CANTERBURY DRIVE, Township UPPER ALLEN, CUMBERLAND County, Pennsylvania, as set forth in the deed dated , recorded at Deed Book , Page , in the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, April 19, 2004, 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 ($I.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 SFt'~LED IN THE PRJT~ENCE OF CONTRACTOR: OWNER: NOEL W. SPENCER SHER~R C. SPENCER EXHIBIT "A" ALL that certain piece, parcel or lot of land situate in Upper Allen township, Cmnberland County, Pennsylvania, and bounded and described a~ follows: BEGINNING at a point on the Southern fight-of-way line of Canterbury Drive (Sp,00 feet wide), said point being located at the Northeastern comer of Lot No. 184; then along 'said right-of-way i/ne South 69 degrees 46 minutes 06 seconds East, for a distance of 107.35 feet, to a point at the Northwestern comer of Lot No. 186; then along the Western bom~dary line of Lot No. 186, and fl~rough a 25.00 foot wide drainage easement, South 20 degrees 13 minutes 54 seconds West, for a distance of 135.64 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said lands of McNaughton, and along the centerline of said 25.00 foot wide drainage easement, North 51 degrees 04 minutes 00 seconds West, for a distance of 17.59 feet, to a point along same; then North 69 degrees 46 rrfinutes 06 seconds West, for a distance of 90.69 feet, to a point at the Southeastern corner of Lot No. 184; then along the Eastern boundarf line of Lot No. 184, and tl~rough said 25.00 foot w~de drainage easement, North 20 degrees 13 minutes 54 seconds East, for a distance of 130.00 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land consists of approximately 14,003 square feet of and is known amd numbered as Lot No. 185 on the Final Re-Subdivision Plan for Cmaterbttry Estates, Phases IX and X, which is recorded in Cumberland County in Plan Book 83, Page