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HomeMy WebLinkAbout09-0802~~, d 9 -- 8'~ ~ ~ ~ .~ STIPULATION AGAINST LIENS THIS AGREEMENT made and concluded this ~,Y day of ~~ 2009, between ROBERT C. KUBN and KATHLEEN R. RUHN (hereina ter called "Owners"), and MUSSER HO1~ BUILDERS, INC. (hereinafter called "Contractor"). WHEREAS the said parties have by a duly executed Agreement bearing even date herewith, entered into a written contract for repairs and remodeling of a building at 2005 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, a copy of the legal description attached hereto and made a part here of as Exhibit "A" in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claim or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for an in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen or laborers for work done or material furnished under said contract for and about said building or v herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES: CONTRACTOR: MUSSER HOME BUILDERS INC. _. _... By : G'" Title OWNERS: ROBERT C.KUHN KATHLEEN R HN .z ~~~ c Robe t C. Kuhn Kathleen R. Kuhn ~.- ---- - ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen County of Cumberland, Commonwealth of Pennsylvania more particuldrly bounded and described as follows to wit: ~~~ BEGINNING at an iron pin at the south west intersection of the Southern right-of- way of Hummel Avenue also known as State Road, S.R. 2014 (50' wide) with the western right-of-way line of Gorgas Drive 20' wide , right-of-way line of Gorgas Drive South 35(degrees OOhm nutes 100 setcondsEern distance of 172.07 feet to an iron pin on the northern line of lands now or latetof the Reading Railroad Company; thence along said lands of the Reading Railroad Company South 84 degrees 28 minutes 00 seconds West, a distance of 349.80 feet to an iron pin on the southern right-of-way line of Hummel Avenue aforementioned; thence along the southern right-of-way line of Hummel Avenue North 55 degrees 00 minutes 00 seconds East, a distance of 304.55 feet to an iron pin, said point being the place of BEGINNING. BEING Lot No. 1 as shown on the Preliminary/Final Subdivision and L-and Development Plan for V.F.W. Post No. 7530, recorded in Plan Book 69, Page 99. CONTAINING 26,202.76 square feet or 0.6015 acre and having a building erected thereon known as 2005 Hummel Avenue. Under and subject to a Deed of Easement and Right-of-Way for a storm sewer line granted by the Home Association of Lower Allen, VFW, Post #7530, Inc. to Lower Allen Township dated and recorded May 2, 1995. BEING the same premises which Home Association of Lower Allen, VFW, Post #7530, Inc., by Deed dated May 2, 1995 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 121 Page 714 granted and conveyed to Home Association of Lower Allen, VFW, Post #7530 Grantor herein. EXHIBIT ",~." ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: ~~" BEGINNING at an iron pin at the south west intersection of the Southern right-of- way of Hummel Avenue also known as State Road, S.R. 2014 (50' wide) with the western right-of-way line of Gorgas Drive (20' wide); thence along the western right-of-way line of Gorgas Drive South 35 degrees 00 minutes 00 seconds East, a distance of 172.07 feet to an iron pin on the northern line of lands now or late of the Reading Railroad Company; thence along said lands of the Reading Railroad Company South 84 degrees 28 minutes 00 seconds West, a distance of 349.80 feet to an iron pin on the southern right-of-way line of Hummel Avenue aforementioned; thence along the southern right-of-way line of Hummel Avenue North 55 degrees 00 minutes 00 seconds East, a distance of 304.55 feet to an iron pin, said point being the place of BEGINNING. BEING Lot No. 1 as shown on the Preliminary/Final Subdivision and L-and Development Plan for V.F.W. Post No. 7530, recorded in Plan Book 69, Page 99. CONTAINING 26,202.76 square feet or 0.6015 acre and having a building erected thereon known as 2005 Hummel Avenue. Under and subject to a Deed of Easement and Right-of-Way for a storm sewer line granted by the Home Association of Lower Allen, VFW, Post #7530, Inc. to Lower Allen Township dated and recorded May 2, 1995. BEING the same premises which Home Association of Lower Allen, VFW, Post #7530, Inc., by Deed dated May 2, 1995 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 121 Page 714 granted and conveyed to Home Association of Lower Allen, VFW, Post #7530 Grantor herein. EXHIBIT " A " n ~ ~Q -r~:-~ -_ -*'1 -~~ _ . ~~ ~ ~~ r, ~ ~ ~ ~ _ ~~ ~:~ r 'd [_. ~.:Fh. ~ ~ ~ ~. d ~ . .~ -at Y~ . ~ F .~ ~f~ ~ ~ ~~ W .~ 4- 1