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HomeMy WebLinkAbout04-6219STIPULATION AGAINST LIENS THIS AGREEMENT made the ~ day of DECEMBER, 2004, by and between CHERRY HILL BUILDING CORP., hereinafter referred to as "Contractor," and JOSHUA T. RHODES and KRISTINE L. RHODES, husband and wife, 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 Lower Allen Township, Cumberland County, Pennsylvania, known and numbered 3401 Canyon Creek, Mechanicsburg, PA 17055 more particularly bounded, limited and described in Exhibit "A" attached hereto and incorporated herein. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for Contractor and Contractor's 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 the day and year first above written. Signed, Sealed and Delivered in the Presence of By: CONTRACTOR: CHERRY HILL BUILDING CORP. so,/rZden ¢ OWNER: Jofit{ua T. Rhodes Kristine L. Rhodes EXHIBIT ALL that certain lot or tract of land, situate along the east side of Lisbum Road (SR 2017) in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 44 on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27, 1997, as recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Plan Book 75, page 94, said lot being more particularly bounded and described as follows: BEGINNING at a point on the eastern right-of-way of Fox Hollow Road, said point being the northwestern comer of the above-described lot and the southwestern comer of Lot No. 42 on the above-referenced subdivision plan; thence along the northern property line, North sixty-two (62) degrees, twenty-five (25) minutes, three (03) seconds East, a distance of one hundred eighty and zero one-hundredths (180.00) feet to a point; thence along the western property line of Lot No. 41, the following two (2) courses and distances: 1) South twenty-seven (27) degrees, thirty-four (34) minutes, fifty-seven (57) seconds East, a distance of eighty-four and nine one-hundredths (84.09) feet to a point; 2) South forty-four (44) degrees, forty-three (43) minutes, zero (00) seconds East, a distance of fifty-seven and sixty-four one-hundredths (57.64) feet to a point on the northern right-of- way of Canyon Creek; thence along the same right-of-way, the following four (4) courses and distances: 1) a curve to the left with a radius of two hundred twenty-five and zero one-hundredths (225.00) feet and an arc length of twenty-eight and fifty-five one-hundredths (28.55) feet to point, being a concrete monument; 2) South thirty-six (36) degrees, seven (07) minutes, thirty-nine (39) seconds West, a distance of one hundred four and seventy-four one-hundredths (104.74) feet to a point being a concrete monument; 3) a curve to the right with a radius of one hundred seventy-five and two one-hundredths (175.02) feet, an arc length of sixty-eight and fifty one-hundredths (68.50) feet to a point; 4) a curve to the right with a radius of ten and zero one-hundredths (10.00) feet, an arc length of fifteen and ninety-seven one-hundredths (15.97) feet to a point on the right-of-way of Fox Hollow Road; thence along the right-of-way of Fox Hollow Road, the following two (2) courses and distances: 1) a curve with a radius of one thousand three hundred seventy-five and zero one- hundredths (1,375.00) feet, an arc length of thirty-seven and thirty-two one-hundredths (37.32) feet to a point; 2) North twenty-seven (27) degrees, thirty-four (34) minutes, fifty-seven (57) seconds West, a distance of one hundred sixty-seven and twenty-five one-hundredths (167.25) feet to a point, the place of BEGINNING. Containing 34,167 square feet (0.784 acres).