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HomeMy WebLinkAbout04-3861ANIL C. THAKRAR and : NEEMA A. THAKRAR, : Owner : AQUILLA BLANK individually : and t/a B.K. BUILDERS, : Contractor : IN THE COURT OF COMMON PLEAS CIIMBERIJtND COUNTY, PA STIPULATION AGAINST LIENS WHEREAS,. Anil C. Thakrar and Neema A. Thakrar, Eastgate Drive, Camp Hill, Pennsylvania 17011 (the of 21 "Owner") the Owner of the hereinafter described tract of land, has executed or is about to execute contemporaneously herewith a contract with Aquilla Blank individually and t/a B.K. Builders, of 12552 Mongul Hill Road, Shippensburg, Pennsylvania 17257 (the "Contractor") for improvements to the premises located at Lot W-I, Leeward Lane, Enota, East Pennsboro Township, Cumberland County, Pennsylvania, more particularly described on !'Exhibit A" attached hereto and made a part hereof (the "Premises"). NOW, August 3, 2004, before any authority has been given by said Owner to the said Contractor to commence work on said Premises or to otherwise construct to purchase materials for the same, contracts with any subcontractors, any improvements thereto, or or to enter into any or materialman, or to authorize any purchases by or through any subcontractors or materialman, in consideration of the making of said contract with the Owner and the further consideration of One Dollar ($1.00), to Contractor paid by said Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the building or Premises or any part thereof, by the Contractor or any ~ubcontra~tor, or by any of the materialmen or workmen or any other Derso~ for any labor, or materials purchased, or extra labor or materials purchame~, for the building and improvements tO the Pre,iaea (including hereafter ~han~es made thereto~, the rig~t to ~ile liens being expressly waive~. i~ is the full intent of the Contractor, for itself and for any subcontractor~ or mat~rial~nen cla±m~n9 for themselves, or by, through or under the contra~t or the Contractor, that ~he right 5o file a mechanic's lien, under the previsions of law and/or of Acts of Assembly in such cases ma~e and provided, for work done or materials furnished in and ahout the building and improvements to the Premises above described i~ hereby waived. WITN~S~ our hands and ~eals She day and year ~irst above witnes~ witness ~?E~MA A. TMAKRAR ~.K. BUTLDAR$ EXHIBIT A ALL THAT CERTAIN piece, parcel or lot of land situate on the west side of Leeward Lane in East Pennsboro Township, Cumberland County, Pennsylvania, and being more fully bounded and described as follows: BEGINNING at an existing concrete monument on the southern line of lands now or formerly of Douglas and Janice Lehr at the northeast corner of lands now or formerly of Electa Dilly Methodist Church of Enola; thence along said lands now or formerly of Lehr and also along Lot 9 of River Bend, as recorded in Plan Book 65, Page 123, North 63° 55' 45" East a distance of 288.09 feet to an existing concrete monument; thence along Lot 8 of River Bend, now or formerly of Manuel and Drendra S. Cordeiro South 23° 03' 49" East a distance of 257.01 feet to a found stone at a corner of lands now or formerly of Cordeiro and Lot 4 of River Bend; thence along said Lot 3 of River Bend South 60° 5~ 38" West a distance of 337.99 feet to an existing concrete monument on the eastern line of lands now or formerly of Alan S. Meminger; thence along said lands North 29° 54' 22" West a distance of 69.72 feet to an iron pin on the southern line of lands now or formerly of Electa Dilly Methodist Church of Enola; thence along said lands North 63° 52' 47" East a distance of 64.22 feet to a concrete monument; thence continuing along lands now or formerly of the Church North 25° 13' 47" West a distance of 209.66 feet to a concrete monument, the place of BEGINNING. CONTAINING 1.82 acres more or less. BEING PART OF the same premises which Barger Associates, a Partnership and Gerrit J. Betz and Arthur R. Zimmerli, individually, by deed dated December 31, 1984, and recorded February 4, 1985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book C, Volume 31, Page 418, granted and conveyed unto John A. Wright and Bonita M. Wright, husband and wife. ALSO BEING Lot WI as shown on the Final Subdivision & Lot Add On Plan for Meminger/Wright dated January 12, 2000, and recorded in the Cumberland County Recorder of Deeds Office on May 23, 2000, in Plan Book 81, Page 18. ALSO BEING Lot W 1 as shown on the Final Subdivision and Lot Add- On Plan for Wright, Cordeiro & Riverbend Subdivision prepared by RETTEW Associates, Inc. dated July 13, 2001, and recorded in the Cumberland County Recorder of Deeds Office on September 13, 2001, in Subdivision Plan Book 83, Page 140. UNDER AND SUBJECT to an Emergency Access and Snow Storage Easement Agreement dated November 18, 1999, recorded November 1999, in Cumberland County Miscellaneous Book 631, Page 440. 23, FURTHER UNDER AND SUBJECT to an Easement Agreement dated November 18, 1999, recorded November 23, 1999, in Cumberland County Miscellaneous Book 631, Page 433. FURTHER UNDER AND SUBJECT to a restriction that the property herein conveyed shall be used solely to provide ingress, egress and regress to Leeward Lane from one single family residence now or in the future constructed by Grantees, their heirs, successor or assigns, on the property herein conveyed to Grantees ("Grantees' Property"). In the event Grantees subdivide Grantees' Property, the rights to ingress, egress and regress from Grantees' Property to Leeward Lane shall be solely for one single-family residence. GranTees shall not grant permission to any other person or entity to use the property herein conveyed for access to Leeward lane from any property other than Grantees' Property. FURTHER UNDER AND SUBJECT to all restrictions, reservations, easements, covenants, conditions and rights-of-way of record. Grantors certify that no hazardous waste, within the meaning of the Solid Waste Management Act of 1980, is presently being disposed of or has ever been disposed of by the Grantors or to the Grantors' actual knowledge, in or upon the above described premises.