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HomeMy WebLinkAbout01-7203JAMES R. HEISMAN, and APRIL M. HEISMAN, his wife (OWNER) VS. THE McNAUGHTON COMPANY, (GENERAL CONTRACTOR) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOT #91, WESTBURY DRIVE, ENOLA CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AGAINST LIEN~ WHEREAS, James R. Heisman and April M. Heiman, his wife, the OWNER of the real estate described below, has or is about to execute a contract with The McNau~lhton Company , whose principal business address is Pennsylvania, to construct a single family dwelling upon lands situate at Lot //91, Westbury DriVe, Enola, Cumberland County, Pennsylvania, and more particularly bounded and described on Exhibit mA" attached hereto and made a part hereof; and, NOW, THEREFORE, this o~ day of ~, 2001, before any authority had been given by The McNauRhton Company to commence work on said facilities, or purchase materials for same, in consideration of making of the above-described Contract with James R. Heisman and April M. Heisman, his wife, Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by James R. Heisman and April M. Heisman, his wife, Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-described, or upon James R. Heisman and April M. Heisman, his wife, the Owner, by the general contractor, or any of its subcontractors, or by any of the materiaimen or workmen, or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities, the land above-described, and James R. Heisman and April M. Heisman, his wife, the Owner, being hereby expressly waived by the general contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto executed the Stipulation Against Liens this day of ,2001. WITNESS: OWNER: J)J~r~es R. Heisman - ~ - AiTr~l M. Heisman ATTEST~..-~ 'r~N'a~to~ C~mpany General Contr'~tor ALL that certain piece, parcel or lot of land situate in Hampden Township, Cumberland .County, Pennsylvania, and bounded and described as tbllo~vs: BEGINNING at a point on the Eastem right-or:way line of Huntington Commons (50.00 feet wide); said point being located at the Southwestern corner of Lot No. 90: then along the Southern boundary line of Lot No. 90 North 61 degrees 12 minutes 00 seconds East,/hr a distance of 127.75 feet, to a point at the Northwestern corner of Lot No. 92: then along the Western boundary line of Lot No. 92 South 24 degrees 38 minutes 43 seconds East, for a distance of 102.21 feet, to a point on the Northern right-of-way line of Westbu~ Drive (50.00 feet wide); then along said right-of-way line of Westbury Drive (50.00 feet xvide) on the arc of a circle curving to the left. having a radius of 350.00 feet. and an arc length of 78.50 feet, to a point; then along same South 52 degrees 30 minutes 15 seconds West, tbr a distance of I8.26 feet, to a point on the arc ora circle curving to the right, having a radius of 25.00 feet, and an arc length of 44.51 feet, to a point on the Eastern right-of-way line of Huntington Commons (50.00 t'eet wide); then along said right-of-way line North 25 degrees 29 minutes 45 seconds West, tbr a distance of 81.79 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land consists of approximately 13,064 13 square feet of land. and is 'known and numbered as Lot No. 91 on the Final Subdivision Plan tbr Westbury - Phase IV, which is recorded in Cumberland County in Plan Book 79. Page 89. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. (c) Plan notes prohibiting the construction of any structure (other than a fence, uncovered steps and entrance canopies -- not greater than 3 feet in depth and 6 [ket in width ) within any 50 [bot buffer yard shown on the subdivision plan of record. (d) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds [br Cumberland Countv in Miscellaneous Book 626, Page 163, as may be applicable to the premises.