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HomeMy WebLinkAbout04-2622STIPULATION AGAINST LIENS THIS AGREEMENT made this 10th day of June, 2004, by and between McCorkel Construction Services, Inc. hereinafter referred to as Contractor, Harmony Hall Court Condominium hereinafter referred to as Owners, whereby the contractor undertook and agreed to construct improvements and Units 57, 58, 59 and 60 including Conunon Elements and Limited Common Elements on Phase 3 of the Land Development Plan for Harmony Hall Court Condominium which Land Development Plan refers to land in Middlesex Township, Cumberland County, Ccmunonwealth of Pennsylvania and is recorded in Plan Book 84, Page 72, more fully described in Exhibit A. 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. Signed,~a~d~and delivered in~~of : ~Corkel Constructioq ~rvices, ~oseph B. McCorkel /'~5, Inc. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this, the l~th day of June, 2004, 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. IN WITNESS WHEREOF, I hereunto set ~ han~d~n~.icial seal. NOTARIAL SEAL KANDI L. LENKER, NOTARY pUBLiC CARLISLE BoRO, cUMBERLAND couN3'Y MY COMMISSION EXPIRES FEBRUARY 20, 2005 Exhibit A ALL THOSE CERTAIN Units, 57, 58, 59 and 60, in 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 have 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 the Declaration for Harmony Hall Court Condominium dated February 7, 1992 and recorded March 6, 1992 in Miscellaneous Book 413, Page 434; and the recording of the Amended and Restated Declaration of Harmony Hall Court Condominium dated June 15, 1994, and recorded June 24, 1994, in Miscellaneous Book 476, Page 746, as further modified by an Amendment to the Amended and Restated Declaration dated November 22, 1996 and recorded December 10, 1996 in Miscellaneous Book 536 Page 647 and the Second 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 Miscellaneous Book 682, Page 4927; as further modified by the 3rd Amendment to Amended and Restated Declaration of Harmony Hall Court Condominium Conversion of Phase 4 dated April 15, 2003 and recorded August 1, 2003 in Miscellaneous Book 700, Page 97, which 3rd Amendment converted Phase 4 of the Convertible Real Estate to Units, Common Elements and Limited Common Elements including Units No. 57, 58, 59 and 60, which said Units are more fully described in the aforesaid together with the proportionate undivided interest in the Common Elements as defined in the Third Amendment to the Amended and Restated Declaration of Harmony Hall Court Condominium Conversion of Phase 4 of 1.666%. 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. UNDER AND SUBJECT to any and ali restrictive covenants, covenants, conditions, restrictions, rights-of-way, easements and agreements of record, including, but not limited to those set forth on the Final Subdivision Plan for Harmony Hall Court Phases 3 and 4 as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 84, page 72. BEING a portion of the same premises which Ronald L. Simons, Don Neff and Melvin O. Murtorff, co-partners, by deed dated August 6, 1991 and recorded in Cumberland County Deed Book "H", Volume 35, Page 59, granted and conveyed unto Harmony Hall Associates. Harmony Hall Associates executed a Limited Assignment of Special Declarant Rights and Agreement, Phase 4 Harmony Hall in favor of McCorkel Construction Services, Inc. dated April 15, 2003 and to be recorded in the office of the Recorder of Deeds. BEING 30, 32, 34, and 36 Melron Court, Carlisle, Pennsylvania, 17013.