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HomeMy WebLinkAbout14-2453 14 ' PR 2 2 :( (U: b IN THE COURT OF COMMON PLEAS, 1p CUMBERLAND COUNTY, PENNSYLVANIA SUI�FI�/I�D6 &L'6NGIA and SUKHWINDER K. COLLOTIA, husband and wife, As their interests may appear, Fee Simple Owner V. CLAYPOOL III /TIDAY LLC, Contractor STIPULATION AGAINST LIENS WHEREAS, SUKHVINDER S. LONGIA and SUKHWINDER K. COLLOTIA, husband and wife, (the "Owners "), have executed or are about to execute simultaneously herewith a contract with CLAYPOOL III /TIDAY LLC, (the "Contractor "), for construction work (collectively the "Improvements ") on a parcel of land known as LOT 95 — THE PENINSULA (PHASE II), situate in the TOWNSHIP OF SILVER SPRING, County of CUMBERLAND, Commonwealth of Pennsylvania, known as Tax Parcel No. 38 -06- 0009 -046, and more particularly described in Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises "). NOW, APRIL 2014, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or material men, or to authorize any purchases by or through any subcontractors or material men, in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for himself and for any subcontractors or material men claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and /or of Acts of Assembly in such cases made and provided, for work done or materials furnished in ad about the construction of the Improvements to the Premises is hereby waived. GL� y OC R IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: OWNER: SUKHWNDER S. LONGIA WITNESS: OWNE l �C Czl� SUKHWINDER K. COLLOTIA WITNESS: CONTRACTOR: CLAYPOOL III /TIDAY LLC: BY: Ac, SGI4 (printed name) its: - (title) t ..K EXHIBIT "A" - STIPULATION LEGAL DESCR. ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Major Final Subdivision Plan for The Peninsula (Phase II), prepared by Hartman & Associates, PC, more particularly bounded and described as follows, to wit: BEGINNING at a point on the right -of -way of a cul -de -sac on Hidden Meadow Drive, said point being the common corner of Lot No. 95 and No. 96 on the Plan of Lots known as "The Peninsula, Phase II "; thence along the northern line of Lot No. 96 South 81 degrees 00 minutes 00 seconds West, a distance of 880.76 feet to a point along the Conodoguinet Creek; thence along the Conodoguinet Creek North 16 degrees 00 minutes 20 seconds West a distance of 50.00 feet to a point, said point being a common corner of Lot No. 95 and Lot No. 60 (future phase); thence along the southern line of Lot No. 60 (future phase) North 54 degrees 36 minutes 35 seconds East a distance of 500.25 feet to a point, said point being a common corner of Lot No. 60 (future phase) and Lot No. 61 (future phase) thence along the southern line of Lot No. 61 (future phase) North 71 degrees 00 minutes 00 seconds East a distance of 365.82 feet to a point, said point being a common corner of Lot No. 95 and Lot No. 94; thence along the western line of Lot No.94 South 31 degrees 50 minutes 58 seconds East a distance of 310.50 feet to a point on the right -of -way of a cul -de -sac on Hidden Meadow Drive; thence along the right -of -way line of a cul -de -sac on Hidden Meadow Drive on a curve, curving to the left having a radius of 50.00 feet and an arc length of 70.59 feet to a point, the place of BEGINNING. BEING Lot -95 on the Major Final Subdivision Plan for The Peninsula (Phase ll) as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 67, Page 86. TAX MAP NO. 38 -06- 0009 -046 BEING the same premises which Fox Squirrel, Inc., a Pennsylvania corporation, by Deed dated 09/27/2010 and recorded 10/11/2010 in the Office of the Recorder of Deeds in and for the County of Cumberland as Instrument No. 201028969, granted and conveyed unto Sukhvinder S. Longia and Sukhwinder K. Collotia, husband and wife. (SUKHVINDER.95.PFD /P.14- 070/11)