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HomeMy WebLinkAbout09-19111~ THOMAS J. CARRICATO & SONS BUILDERS, INC. Owners To THOMAS J. CARRICATO & SONS BUILDERS, INC., Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MLD OF 2009 M / !~ /J J~LI j~ STIPULATION AGAINST LIENS WHEREAS, Thomas J. Carricato & Sons Builders, Inc,, of 659 Spring Garden Drive, Middletown, Pennsylvania, 17057, are about to execute contemporaneously herewith, a contract with Thomas J. Carricato & Sons Builders, Inc. of 659 Spring Garden Drive, Middletown, Dauphin County, Pennsylvania l 7057, for the erection of a single family dwelling home upon a lot of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being designated as Lot No. 3 of a Preliminary/Final Subdivision and Lot Consolidation Plan, of Cottage Brook Development, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, to Instrument #200800883. See Exhibit "A". NOW, ~~l~~n ~~ , 2009, at the time of and immediately before execution of the principal contract, and before any authority has been given by the said Thomas J. Carricato & Sons Builders, Inc., to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Thomas J. Carricato & Sons Builders, Inc., and the further consideration of One Dollar to Thomas J. Carricato & Sons Builders, Inc., paid by Thomas J. Carricato & Sons Builders, Inc., it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchases, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, my hand and seal the day and year aforesaid. Signed, Sealed and Delivered in the presence o£ ATTEST: THOMAS J. CARRICATO & SONS BUILDERS, INC., OWNERS By: Thoma . Carricato, President ATTEST: THOMAS J. CARRICATO & SONS BUILDERS, INC., CONTRACTOR By: ~!~~ Thom J. Carricato, President 06146-015/146384 l.• ti~ EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to Cottage Brook -Preliminary/Final Subdivision and Lot Consolidation Plan prepared by Fischbaugh Morgan & Associates, LLC, dated 7/2/07, revised through 10/13/07, and recorded in Cumberland County, Pennsylvania, at Instrument No. 200800883, as follows: BEGINNING at a concrete monument set ontheright-of--way line of Cottage Brook Lane (50' ROW) at the northwestern corner of Lot 2 on the above-referenced Plan; thence along said Lot 2, South 39 degrees Ol minute 43 seconds East 173.39 feet to a marker; thence along land now or formerly of Jeffrey A. Marks and Kathryn N. Marks, South 61 degrees 44 minutes 25 seconds West 147.5 feet to a marker; thence along Lot 4 on the above-referenced Plan, North 23 degrees 36 minutes 20 seconds West 163.05 feet to a concrete monument; thence along theright-of--way line of Cottage Brook Lane (50' ROW) on a line curving to the left, having a radius of 325.00 feet, an arc length of 102.60 feet and a chord bearing of North 57 degrees 21 minutes 03 seconds East 102.17 feet (erroneously described on the above-referenced plan as having a tangent of 51.73 feet and a Delta bearing of 18 degrees OS minutes 15 seconds) to a concrete monument, the place of BEGINNING. BEING Lot 3 on Cottage Brook - Preliminary/Final Subdivision and Consolidation Plan containing 20,057.36 square feet. BEING a portion of the same premises which Messiah College, a Pennsylvania nonprofit corporation, by its Deed dated May 31, 2007, and recorded in Cumberland County, Pennsylvania at Deed Book 280, Page 1296, granted and conveyed unto James J. Macdonald, II, and Joy A. Macdonald, husband and wife, Grantors herein. UNDER AND SUBJECT TO a Storm Water Easement along western boundary of the above- described Lot 3. ALSO UNDER AND SUBJECT TO any and all building and use restrictions and easements of record. ~, o ~ 4 n c~..,a..,~ C=, ~ 4 ~~ ~E1~ ~' ~l) .~ ~ d- 'Z3 .~ r- y .. ~, '~ j'ti1 . ,~: .~ -~.j .~ 7 s ~ ~, =,~; .,