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HomeMy WebLinkAbout01-6977Ol--& 77 , 4b STIPULATION AGAINST LIENS THIS AGREE~u~NT made this 10=h day of December 2001, by and between McCorkel Construction Services, Inc., hereinafter referred to as Contractor, Harmony Hall Court CondominiumAssociation, hereinafter referred to as Owner, whereby the contractor undertook and agreed to construct improvements and units including co.?,on elements and limited co~on elements on Phase 3 of the Land Development Plan for Hax,,ony Hall Court Condominium which Land Development Plan refers to land in Middlesex Township, C,,~herland County, Commonwealth of Pennsylvania and is recorded in Plan Book ~ , Page ~ See legal descriptions attached as Exhibit "A". NOW TaEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the .sum of ($1.00.k..Dnllar to Contractor in hand paid by Owner, the receipt whereof~Wis hereby acknowledged, and the further conside~ae~-0n~men~_~2~2,c:_ ~- agreement aforesaid, for ~tself, h~mself 0m:~hemSelves :~.~.s, his their s._~u~~ors, and~ al!~ties acting through-'~x-'under hem, covenant .~n~ ~gree that no me~hanic,s liens or claims shall be filed or!r~intained by them'or !any of them against the said buildings a~d the lot of ground~.~purtenant thereto for or on account of ~ny work done or mate=i~ls 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 wr±t% n. Signea, ~'S~aled and delivered in the~ pre~sence of :~RKEL CONSTRUCTIO~ERViCES, ' INC COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this~ the l0th day of December, 2001, before me a Notary Public, the undersigned officer, personally appeared Joseph B. McCorkel, who acknowledged himself to be the President of McCorkel Construction Services, Inc. and that he as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. hereunto.. )a.nd a~ of~Lset my · IN WITNESS WHEREOF, I ' seal ~ KANOl ~[F. NKER, NOTARY PUBMO j C/tR..ISt~J~IIO, CUUBERt-4NDCOUmY I Exhibit A UNIT 33: ALL THAT CERTAIN Unit and the property known, named and identified in the Amended and Restated Declaration referred to below as "Harmony Hall Court Condominium", located in Middlesex Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of an Amended and Restated Declaration dated June 15, 1994, and recorded August 12, 1994, in Miscellaneous Book 479, Page 1009, as further modified by an Amendment to the Amended and Restated Declaration dated November 22, 1996 and recorded in Miscellaneous Book 536 Page 647 and the 2nd Amendment to Amended and Restated Declaration of Harmony Hall Court Condominium Conversion of Phase 3 dated December 5, 2001 and recorded December 11, 2001 in Misc. Book , Page , being and designated in such Amendment to the Amended a~d Restated Declaration as Unit No. 33, which said Unit is more fully described in said Declaration together with proportionate undivided interest in the Common Elements (as deemed in said 2nd Amendment to Amended and' Restated Declaration) of 2.77%. Grantor reserves the right, in accordance with said Amended and Restated Declaration, to reduce and reallocate Grantee's proportionate and undivided interest in the Common Elements as provided in the Amended and Restated Declaration. Exhibit A UNIT 34: ALL THAT CERTAIN Unit and the property known, named and identified in the Amended and Restated Declaration referred to below as "Harmony Hall Court Condominium", located in Middlesex Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of an Amended and Restated Declaration dated June 15, 1994, and recorded August 12, 1994, in Miscellaneous Book 479, Page 1009, as further modified by an Amendment to the Amended and Restated Declaration dated November 22, 1996 and recorded in Miscellaneous Book 536 Page 647 and the 2nd Amendment to Amended and Restated Declaration of Harmony Hall Court Condominium Conversion of Phase 3 dated December 5, 2001 and recorded December 11, 2001 in Misc. Book , Page , being and designated in such Amendment to the Amended and Restated Declaration as Unit No. 34, which said Unit is more fully described in said Declaration together with proportionate undivided interest in the Common Elements (as defined in said 2nd Amendment to Amended and Restated Declaration) of 2.77%. Grantor reserves the right, in accordance with said Amended and Restated Declaration, to reduce and reailocate Grantee's proportionate and undivided interest in the Common Elements as provided in the Amended and Restated Declaration. Exhibit A UNIT 35: ALL THAT CERTAIN Unit and the property known, named and identified in the Amended and Restated Declaration referred to below as "Harmony Hall Court Condominium", located in Middlesex Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of an Amended and Restated Declaration dated June 15, 1994, and recorded August 12, 1994, in Miscellaneous Book 479, Page 1009, as further modified by an Amendment to the Amended and Restated Declaration dated November 22, 1996 and recorded in Miscellaneous Book 536 Page 647 and the 2nd Amendment to Amended and Restated Declaration of Harmony Hall Court Condominium Conversion of Phase 3 dated December 5, 2001 and recorded December 11, 2001 in Misc. Book , Page , being and designated in such Amendment to the Amended and Restated Declaration as Unit No. 35, which said Unit is more fully described in said Declaration together with proportionate undivided interest in the Common Elements (as defined in said 2nd Amendment to Amended and Restated Declaration) of 2.77%. Grantor reserves the right, in accordance with said Amended and Restated Declaration, to reduce and reallocate Grantee's proportionate and undivided interest in the Common Elements as provided in the Amended and Restated Declaration. Exhibit A UNIT 36: ALL THAT CERTAIN Unit and the property known, named and identified in the Amended and Restated Declaration referred to below as "Harmony Hall Court Condominium", located in Middlesex Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of an Amended and Restated Declaration dated June 15, 1994, and recorded August 12, 1994, in Miscellaneous Book 479, Page 1009, as further modified by an Amendment to the Amended and Restated Declaration dated November 22, 1996 and recorded in Miscellaneous Book 536 Page 647 and the 2nd Amendment to Amended and Restated Declaration of Harmony Hall Court Condominium Conversion of Phase 3 dated December 5, 2001 and recorded December 11, 2001 in Misc. Book , Page , being and designated in such Amendment to the Amended and Restated Declaration as Unit No. 36, which said Unit is more fully described in said Declaration together with proportionate undivided interest in the Common Elements (as defined in said 2nd Amendment to Amended and Restated Declaration) of 2.77%. Grantor reserves the right, in accordance with said Amended and Restated Declaration, to reduce and reallocate Grantee's proportionate and undivided interest in the Common Elements as provided in the Amended and Restated Declaration. Exhibit A All of Phase 3 of Harmony HaH Court Condominium situate in Middlesex Township, Cumberland County, Pennsylvania as more fully set forth on the Land Development Plan for Harmony HaH Court Phases 3 & 4 and consisting of Units 33 to 44 inclusive and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book .. 84, Page 72.