HomeMy WebLinkAbout04-2533 STIPULATION AGAINST LIENS
THIS AGREEMENT made thc ~fit~ day of May, 2004, by and bc~vcen,
FLAUD BUILDER~, Builder, of 150 Newville Road, Newburg, Pennsylvania, hereinafter referred
to as Contractor,
AND
STEFEN M. DOLBIN & ROBIN A. DOLBIN, husband and wife, of 19 Montgomery Drive,
Shippensburg, Pennsylvania, hereinafter referred to as Owner,
WHEREAS, the said Contractor undertook and agreed to make certain improvements to
Owner's property situate in Cumberland, Pennsylvania, known as 50 Fish Hatchery Road,
Shippensburg, Southampton Township, Cumberland County, Pennsylvania, more fully described in
Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That thc said Contractor, for
and in consideration of the sum of One Dollar ($1.00) to said Contractor in hand paid by Owner, the
receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement
aforesaid, for himself, and his 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 improvements 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 improvements on the
lot above described, and the said Contractor, for himself, his subcontractors and others under him
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 this ¢~q~t4~'~ day of May, 2004.
Signed, Sealed and Delivered in
the Presence of
FLAUD BUILDERS
Steven M. Dolbin, Owner
Robin A. Dolbin, Owner
Exhibit A
ALL that tract or parcel of real estate lying and being situate in Southampton Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a set railroad spike at comer of lands herein described, in the right of
way of public road T-310, on line of lands now or formerly of William E. Reeder, at
comer common to the lands herein described and to lands now or formerly of Paul E.
Witter; thence in said right of way, and by said Witter lands, South 85 degrees 52 minutes
47 seconds East 403.44 feet to a set railroad spike, in said right of way; thence by line of
Lot 1 on draft of survey to which reference is hereinafter made South 13 degrees 13
minutes 16 seconds West, through said right of way and off the same, by the said Lot 1,
220.29 feet, to a set iron pin in a fence, on line of lands now or formerly of Robert A.
Strohm; thence along said Strohm lands, North 81 degrees 38 minutes 47 seconds West
119.19 feet to a set iron pin on line of lands now or formerly of the said Robert A.
Strohm; thence continuing along said Strohm lands, South 66 degrees 31 minutes 03
seconds West 358.62 feet to a set iron pin at a fence line intersection on line of lands now
or formerly of the said Robert A. Strohm; thence continuing along said Strohm lands and
then along lands now or formerly of William A. Reeder, North 13 degrees 13 minutes 16
seconds East 414.65 feet to a set railroad spike at the place of BEGINNING.
CONTAINING 2.544 acres, more or less, and including all of Lot 2, on a draft of survey
prepared for Donald G. Means and May H. Means, his wife, by John R. Kissinger
Surveying, dated September 23, 1988, reviewed by the Cumberland County Planning
Commission on October 20, 1988, approved by the Southampton Township Supervisors
on October 10, 1988, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, on October 11, 1989 at Plan Book 59, Page 53. It is
suggested that the "Ex Plum Shed" and the driveway thereto, shown on the draft of
survey, have since been removed.
BEING that same real estate that Donald G. Means and Mary H. Means, his wife, by their
deed dated August 15, 2001 and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book 248 at Page 1492, conveyed to
Steven M. Dolbin and Robin A. Dolbin, his wife, Grantors and Mortgagors herein.