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HomeMy WebLinkAbout12-0950STIPULATION AGAINST LIENS Kris A. Clymans and Jodi S. Clymans, Owner V. Classic Communities Corporation, Contractor IN THE COURT OF COMMON PL Cumberland COUNTY, PENNSYLVANIA NO. W -fl >:1 r . WHEREAS, Kris A. Clymans and Jodi S. Clymans of 1600 Lowell Lane, New Cumberland, PA 17070, is about to execute contemporaneously herewith, a contract, with Classic Communities Corporation of 2151 Linglestown Road, Harrisburg, PA, for the erection of a building upon premises commonly known as 1229 Summit Way, Township of Hampden, Cumberland County, Pennsylvania, as set forth in the deed dated 01/10/07, recorded at Deed Book 278, Page 2711 (part of), in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, February 10, 2012, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF: CONTRACTOR: Classic c munities Corpor B,/. James A. Halbert, CEO OWNER: Kris A. Cly ns Jo . lymans -) y cqv ter. Mzz EXHIBIT "A" ALL THAT CERTAIN tract of land situated in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly right-of-way line of Summit Way, said point being the northwesterly corner of Lot 70; thence North 55 degrees 26 minutes 01 seconds East, a distance of 133.80 feet to a point; thence South 29 degrees 59 minutes 15 seconds East, a distance of 107.88 feet to a point; thence South 20 degrees 45 minutes 57 seconds East a distance of 26.05 feet to a point; thence South 69 degrees 14 minutes 03 seconds West a distance of 129.55 feet to a point; thence on a curve to the left having a radius of 450.00 feet, an arc length of 78.52 feet, on a chord bearing of North 29 degrees 34 minutes 04 seconds West and a chord distance of 78.42 feet to a point; thence North 34 degrees 33 minutes 59 seconds West a distance of 23.81 feet to a point and the place of BEGINNING. CONTAINING 15,458 sq. ft. (0.35 acres) having an address of 1229 Summit Way, Mechanicsburg, Pennsylvania 17050. BEING Lot 70 as shown on the plan entitled, "Final Subdivision Plan for Hampden Summit Phase 3", prepared by R.J. Fisher and Associates, Inc., dated June 23, 2005 and last revised on August 30, 2005 and recorded on November 17, 2005 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 91, Page 101. Subject to an existing Sanitary Sewer Easement as shown on above referenced plan. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. ALSO UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto; to any and all covenants, conditions, rights-of-way; and to matters of record or that which a physical inspection or survey of the Unit and Common Elements would disclose.