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HomeMy WebLinkAbout14-0542 C= STIPULATION AGAINST LIENS THIS AGREEMENT made the A ay of January, 2014, by and between c FARINELLI CONSTRUCTION, INC, of 5 Kacey Court, Suite 201, Mechanicsburg5�-� Cumberland County, Pennsylvania, hereinafter referred to as "CONTRACTOR ", and5> w? ( �'hi RICHARD W. SEIPP and JENNIFER E. SEIPP, husband and wife, of 1929 Fisher Road Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania hereinafter collectively referred to as "OWNER "; and WHEREAS, CONTRACTOR contracted and agreed with OWNER to construct a single family home in accordance with specific plans and drawings incorporated within a construction contract on OWNER'S lot of ground situate in the Township of Upper Allen, Cumberland County, Pennsylvania, more particularly described at length on Exhibit "A "; and WHEREAS, OWNER and OWNER'S lender require the execution of this Stipulation against Liens by CONTRACTOR and recording thereof prior to the commencement of any and all construction upon OWNER'S lot of ground situate in the Township of Upper Allen, Cumberland County, Pennsylvania, more particularly described at length on Exhibit "A "; and WHEREAS, CONTRACTOR agrees, warrants and represents to OWNER, OWNER'S lender, OWNER'S agents and assigns, that CONTRACTOR has not and that CONTRACTOR shall not commence any construction of any type or nature upon OWNER'S lot of ground situate in the Township of Upper Alien., Cumberland County, Pennsylvania, more particularly described at length on Exhibit "A ", prior to the recording hereof in the office of the Prothonotary of Cumberland County, Pennsylvania; and NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said CONTRACTOR, in consideration of the mutual promises and covenants herein, together with the sum of ONE DOLLAR ($1.00), in hand paid by OWNER, receipt of which is hereby acknowledged, together with other good and valuable considerations mentioned in the Agreement aforesaid, for himself and his subcontractors, and all parties acting through or under him, covenants and agrees that no mecihanic's liens or claims shall be fled or maintained by them or any of them against the said buildings and Tots 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 / "gel D n �Jd S�jpP �' #�26�, described in Exhibit "A" attached hereto, and the said CONTRACTOR, for himself, his subcontractors and others under him or them hereby e~xpi�essly waives and relinquishes the right to have, file, and maintain any mechanic's liens Or claims against the said buildings, improvements, or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hand and, seals the day and year above written. Signed, Sealed and Delivered in the Presence of: Attest/ Ln ss FAIUNELLI CONSTRUCTION, INC., by:DonaldT Farinelli, President — -- _— - IRICHARU W. SEIPP, Owner z l ENl. COMMONWEALTH OF PENNSYLVANIA SS. . COUNTY OF CUMBEYAND 9 far On this, theme day of , efore me, the undersigned officer, personally appeared RICHARD W. SEIPP and JENNIFER E. SEIPP, husband and wife, known to me (or satisfactorily proven) to be the persons whose naives are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my and and official seal. (SEAL) N any Public COMMON OF PENC;!�YI_`IAi4IA ny Commission Expires: 4\ seal Glenda M. Wethington, Notary Public Hampden twp., Cumberland County M commission expires Dec. 27, 201'4 M�ME1% C NSYL AM?Pi 50 ttON of NOTARIES COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, theAl of January, 2014, before me, the undersigned officer, personally appeared FARINELLI CONSTRUCTION, INC. a Pennsylvania Corporation, by and through its President Donald J. Farinelli, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and be so authorized as the President of the Pennsylvania Corporation, acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. — 'g p� ic r (SEAL) Notary Pu l My Commission Expires: NOTARIAL SEAL _ SM M. KNISELY, Notary Pub9c ^ Meftnkftrg Boro, Cumberland Co. My Commission Expires Nov. 19, 2014 AlI that parcel of land located in Upper Allen Township, Cumberland County, known as Lot 111 of a subdivision of Meadowview Estates, Section 11, Phase V1_13 and as recorded July 23, 2012 in the Cumberland County Court House as Instrument Igo. 201221.864. BEGINNING AT A POINT, said point being on the southwesterly right of way line of North Meadow Circle and is located North 47 degrees, 27 minutes, 21 seconds West, 605.00 feet from the centerline intersection of South View Drive and North Meadow Circle and South 42 degrees, 32 minutes, 39 seconds West, 25 feet to the said right of way of North Meadow Circle. Thence continuing South 42 degrees, 32 minutes, 39 seconds West bordering adjacent Lot 110, a distance of 200.00 feet to a point; thence North 47 degrees, 27 minutes, 21 seconds West, bordering Lot 112 of Section 11, Phase VI -A a distance of 140.00 feet to a point; thence North 42 degrees, 32 minutes, 39 seconds East, bordering adjacent Lot 84, a distance of 200.00 feet to a point on the right of way of North Meadow Circle; thence along said right of way South 47 degrees, 27 minutes, 21 seconds East, a distance of 140.00 feet, being the point and PEACE OF BEGINNING. SUBJECT TO DEED OF EASEMENT recorded January 17, 2014 in the Office of the Recorder of Deeds of Cumberland County at Instrument No. 201401445 and FURTHER SUBJECT to a 15 feet wide utility easement along the entire length of the southeasterly side of the lot along adjacent Lot 111 referenced on the aforesaid Plan. Parcel contains 28,000 square feet or 0.643 acres. UNDER AND SUBJECT, NEVERTHELESS, to the, Declaration of Restrictive Covenants dated October 19, 2012, and recorded in the Cumberland County' Recorder of Deeds Office; Instrument #201232386. TAX PARCEL # 42 -28- 0646 -112 EXHIBIT "A"