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HomeMy WebLinkAbout11-6745E- :fir: '%OTHOUTAh tSTIPULATION AGAINST LIENS '25 G 11A & P1?13:G1 s agreement made this 19th DAY OF August, 2011 by and between hereinafter C t: =Lt*"01g04KA1tK BUILDERS, INC., CONTRACTOR and, RODNEY S. SMITH Nl NWM hereinafter referred to as OWNERS. Whereby, the Contractor has agreed to complete the improvements to a single family dwelling, providing all the materials and labor, for the Owner, upon the following lot or tract of land of the Owner: 1056 KUHN ROAD, MONROE TOWNSHIP, CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Tax Account No. 22-12-0349-021 Now this indenture witnesseth, that it is hereby covenanted and agreed by and between the parties hereto that the Contractor shall not file nor will the Contractor permit nor suffer any subcontractor, material men, mechanics or other person or persons under the Contractor or employed by the Contractor to file, nor shall any subcontractor, material men, or any other person or persons file any mechanics, or other lien or liens, claims or claims for work done and materials furnished, or either of them in or under the performance of the said agreement between the parties for the construction of the said improvements, against the ground or premises upon which the Contractor is about to construct the said improvements or against any structure or property whatsoever covered by the said agreement between the parties hereto. And the Contractor, hereby certifies, covenants and agrees that no materials have been furnished, nor has any labor been performed, nor have any building operations been started, under the said agreement between the parties hereto. In Witness whereof, these presents have been executed under seal the day and year first above written. Contractor. LANDM B DE C. a 9 rA 'Aw 'AMU-M IF IN I' I By: BRITT . SENSENIG Its: Agent k,-1 7 Owners: RODNEY S. SMITH VIRGINIA IL SMITH STIPULATION AGAINST LIENS This agreement made this 19th DAY OF August, 2011 by and between hereinafter referred to as LANDMARK BUILDERS, INC., CONTRACTOR and, RODNEY S. SMITH and VIRGINIA H. SMITH, hereinafter referred to as OWNERS. Whereby, the Contractor has agreed to complete the improvements to a single family dwelling, providing all the materials and labor, for the Owner, upon the following lot or tract of land of the Owner: 1056 KUHN ROAD, MONROE TOWNSHIP, CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Tax Account No. 22-12-0349-021 Now this indenture witnesseth, that it is hereby covenanted and agreed by and between the parties hereto that the Contractor shall not file nor will the Contractor permit nor suffer any subcontractor, material men, mechanics or other person or persons under the Contractor or employed by the Contractor to file, nor shall any subcontractor, material men, or any other person or persons file any mechanics, or other lien or liens, claims or claims for work done and materials furnished, or either of them in or under the performance of the said agreement between the parties for the construction of the said improvements, against the ground or premises upon which the Contractor is about to construct the said improvements or against any structure or property whatsoever covered by the said agreement between the parties hereto. And the Contractor, hereby certifies, covenants and agrees that no materials have been furnished, nor has any labor been performed, nor have any building operations been started, under the said agreement between the parties hereto. In Witness whereof, these presents have been executed under seal the day and year first above written. Contractor: LANDMARK BUILDERS, INC. Owners: By: BRITTANY L. SENSENIG Its: Agent ALL THAT CERTAIN tract ofreal estate situated in Monroe Township, Cumberland County, Commonwealth ofPennsylvania, bounded and described according to a Final Subdivision Plan White Rock Acres - Lot 250 Kuhn Road, prepared by H. Edward Black and Associates, Ltd., dated September 23, 2009, and revised through October 26, 2009, and recorded in Cumberland County, Pennsylvania, at Instrument No. as follows to wit: BEGINNING at an iron pin, same point being on the common comer between Lot 250 (formerly hots 250 and 251 ofthe White Rock Acres Subdivision), the southern right- of-way line for Kohn Road, app the lands now or formerly of Penn Products Corporation; same point being-tl a TRUE POINT OF THE BEGINNING; thence along the following four (4) courses and distances : 1. Along a curve on the.common line between Lot 250, and the southern right-of-way line for Kuhn'Road, to the left having a radius of 480.00 feet, a length of 300.00 feet, a chord with a length of 295.14 feet and a bearing of North 76 degrees 57 minutes 54 seconds East, to a point on the common corner between Lot 250, the southern right-of- way line for Kuhn Road, and Lot 252 of the White Rock. Acres Subdivision (the lands .. now or formerly of Michael Marzella, Jr. & Florencc C. Marrella); 2.. TIIENCE along the common line between. Lot 250 and Lot 252 South 15 degrees ` 39 minutes 43 seconds East, 506.66 feet, to a point on the common corner between Lot 250, Lot 252, and the lands now or formerly of Christ Community Church; 3. THENCE along the common line between Lot 250 and the lands now or formerly of Christ Community Church North 83 degrees 27 minutes 31 seconds West, 488.00 feet, to a point on the common corner between Lot 250, the lands now or formerly of Christ Community Church, and the lands now or formerly of Penn Products Corporation; 4. THENCE along the common line between Lot 250 and the lands now or formerly of Fenn Products Corporation North 09 degrees 23 minutes 43 seconds East, 370.66 feet, to the TRUE POINT OF THE BEGINNING. CONTAINING: 160,422 square feet (3.68 acres) of land. UNDER AND SUBJECT to Revision No. 1 of the Covenants, Restrictions and Reservations applicable to White Rock Acres DevelopmFnt of Penn Products Corporation effective January 1, 1979, as the same are recorded in Cumberland County Miscellaneous Docket 240, Page 876, and the building lines, utility and other easements as shown in Plan Book 34, Page 113. UNDER AND SUBJECT to a certain reservation of mineral rights set forth in Deeds from Penn Products Corporation to David E. Lutz and June B. Lutz, dated February 9, 1979, and recorded March 27, 1979, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Dced Book 1, Volume 28, Page 642 and in Deed Book 1, Volume 28,. Page 646 as follows: EXCEPTING AND RESERVING unto the Grantor its successors and assigns all minerals, clays and sand beneath the surface of the ground. This provision shall not be construed to give the Grantor or 'its successors or assigns, the right to mine or remove any minerals, clays or sand from the lot herein conveyed. UNDER AND.SUBJECT to a 30' wide stormwaler drainage easement to allow for access for maintenance, inspection, and repair by Monroe Township bounded and described as follows to wit: BEGINNING at an iron pin, same point being on the common corner between Lot 250 (formerly Lots 250 and 251 ofthe White Rock Acres Subdivision); the southern right- of-way line for Kuhn Road, and the lands now or formerly of Penn Products Corporation; THENCE Along a curve on the common line between Lot 250, and the southern right-of-way line for Kuhn Road, to the left having a radius of 480.00 feet, a length of 134.49 feet, a chord with a length of 134.05 feet and a bearing ofNorth 86 degrees 50 minutes 35 seconds East, to a point on same common line; same point being the TRUE POINT OF THE BEGINNING; thence along the following seven (7) courses and distances : I. Along a curve on same common line to the left having a radius of 480.00 feet, a length of 31.15 feet, a chord with a length of 31.15 feet and -a bearing of North 76 degrecs 57 minutes 24 seconds East, to a point on same common line; 2. THENCE along a line within the lands of Lot 250 South 02 degrees 33 minutes 19 seconds West, 61.38 feet, to a point within. same lot; 3. THENCE along a line within same lot South 35 degrees 36 minutes 26 seconds Fast, 445.68 feet, to a point on the common line between Lot 250 and Lot 252 of the White Rock Acres Subdivision (the lands now or formerly of Michael Marnella, Jr. & Florence C..Mamella); 4. THENCE along same common line South 15 degrees 39 minutes 43 seconds East, 12.49 feet, to a point on the common comer between Lot 250, l.ot 252, and the lands now or formerly of Christ Community Church; 5. THENCE along the common line between the lands of Lot 250 and the lands now or formerly of Christ Community Church North 83 degrees 27 minutes 31 seconds West, 34.72 feet, to a point on same common line and; 6. THENCE along a line within Lot 250 North 35 degrees 36 minutes 26 seconds West, 444.50 feet, to a point within same lot; 7. THENCE' along a line within same lot North 02 degrees 33 minutes 19 seconds East, 63.38 feet, to the TRUE POINT OF THE BEGINNING. CONTAIMNG: 15,420 square feet (0.35 acres) of land. BEING the same premises which Rodney S. Smith and Virginia H. Smith, husband and wife granted and conveyed unto Rodney S. Smith.and Virginia H. Smith, husband and wife by deed dated January 14, 2010 and, recorded January 20, 2010 in Cumberland County Recorder's Office in Instrument #201001704.