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HomeMy WebLinkAbout09-7376N6, d? 7 3 74; MILD STIPULATION AGAINST LIENS THIS AGREEMENT made this 240 day of 2009, by and between FARINELLI CONSTRUCTION, INC., hereinafter referred to as Contractor, AND Marjorie B. Kutz hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a single family dwelling situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot 16, 2129 Arbor Court, Mechanicsburg, PA 17055. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or 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 itself, himself or themselves, its, his or 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 the day and year first above written. FARINELLI 0 ST CTION, INC. By: Dona d Farinelli President COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this, the 2lQ day of ©c-? ?L 2009, before me a Notary Public, the undersigned officer, personally appeared Donald J. Farinelli, who acknowledged himself to be the President of Farinelli Construction, Inc., and that he as such President, being authorized to do so, executed the foregoing document for the purposes therein contained by signing the name of the said Corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL BETH A GIOVANNIELLO Notary Public HAMPDEN TWP, CUMBERLAND COUNTY , 2011 My Commission Expires Oct 6 Exhibit A Lot #16 of the Arborfield Subdivision plan as indicated on a plan dated July 30, 2004 last revised November 5, 2004 by Alpha Consulting Engineers, Inc. and recorded in plan book 90, page 23 of the public records of Cumberland County, Pennsylvania being more particularly described as follows: BEGINNING at a point on the northern right-of-way of Arbor Court at the common property corner of Lot 16 and Lot 17 OF Arborfield, said point being located North 57 degrees 34 minutes 24 seconds West a distance of 663.07 feet from a concrete monument located on the western right-of-way of Gettysburg Pike; thence along Lot 17 of Arborfield North 23 degrees 03 minutes 30 seconds East a distance of 125.35 feet to a point; thence along lands now or formerly of Nelson L. and Esther Wingert South 47 degrees 19 minutes 00 seconds East a distance of 97.67 feet to a point; thence along Lot 15 of Arborfield South 42 degrees 41 minutes 00 seconds West a distance of 75.81 feet to a point; thence along the same South 38 degrees 11 minutes 05 seconds West a distance of 29.97 feet to a point on the northern right-of-way of Arbor Court; thence along the northern right-of-way of Arbor Court by a curve to the left having a radius of 225.00 feet, an arc length of 59.40 feet, a chord bearing of North 59 degrees 22 minutes 42 seconds West and a chord length of 59.23 feet to a point, being the place of BEGINNING. RLED-(4 ? THE PFiQ'Th'f1AlOTARY 2909OCT 27 AM I1: 49 1 {OUNTY PENNISYLWrN,N . do P j Co . ee Ce., f &/ Af cKO: j061S /a-t 13 ?-( 31