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HomeMy WebLinkAbout04-6060STIPULATION AGAINST LIENS THIS AGREEMENT made the ~ day of ,(x'ou~m~ .,. ~oo¥ by and between Ralph lacono, Contractor, AND Mitchell C. Feinman and Jennifer M. Feinman, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot of ground situate in Lot 14 Maple Leaf Court, Mechanicsburg, Lower Allen Township, Cumberland, PA. As per attached legal description NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Ralph lacono in hand paicl by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and 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 themselves, 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 this the ~day of Signed, Sealed and Delivered in the Presence of ~."--- (Seal) Ralph lacon¢, Mitchell C. Feinman Oer~ifer M. t~ihman ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Maple Leaf Court, said point also being a common property corner of Lot 13 and Lot 14 of the hereinafter referenced Final Subdivision Plan; thence along the northern right-of-way of Maple Leaf Court South 75 degrees 54 minutes 24 seconds West a distance of 18.56 feet to a point; thence along the same by a curve to the left having a radius of 50.00 feet, an arc length of 82.14 feet, a chord [)earing of South 88 degrees 50 minutes 40 seconds West and a chord length of 73.21 feet to a point, said point being a common property corner of Lot 14 and Lot 15 of the hereinafter referenced Final Subdivision Plan; thence along the northeastern boundary line of said Lot 15 North 50 degrees 04 minutes 49 seconds West a distance of 200.17 feet to a point on the southern boundary line of lands now or formerly of American Real Estate Investment, L.P., said point being a common property corner of said Lot 14 and said Lot 15; thence along said American Real Estate Investment, L.P. lands North 54 degrees 30 minutes 00 seconds East a distance of 228.85 feet to a point, said point being a common property corner of Lot 14 and Lot 13 of the hereinafter referenced Final Subdivision Plan; thence along the western boundary line of said Lot 13 South 12 degrees 52 minutes 56 seconds East a distance of 261.95 feet to a point, the point and place of BEGINNING. THE FORGOING legal description is in conformance with the Phase 1 Final Subdivision Plan for The Manor at Fair Oaks, dated April 22, 2002, last revised August 30, 2002, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 86, Page 1. UNDER AND SUBJECT to any and all conditions, restrictions, easements, rights-of-way, agreements and covenants of record and that a physical inspection of the property would disclose, including but not limited to a 30.00 foot wide Drainage/Landscape Easement extending along the northwestern boundary line of the property, a 50.00 foot wide Pipeline Right-of-Way and Easement across the property, and a portion of a 50.00 foot wide Pipeline Right-of-Way and Easement extending along the southern boundary line of the property. BEING PART OF THE SAME PREMISES which R. Hart Enterprises, Inc., a Pennsylvania Corporation, by Deed dated May 20, 2004, and recorded May 24, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 263, Page 680, granted and conveyed unto Rossmoyne Residential Associates, a Pennsylvania General Partnership. The said Rossmoyne Residential Associates, a Pennsylvania ger~eral partnership appoint Robert M. Walker to b their power of attorney by Limited Durable Power of Attorney for Real Estate recorded July 1, 2004 and recorded in the Recorder's Office, Cumberland County, Pennsylvania, in Miscellaneous Docket 709, Page 2555.