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HomeMy WebLinkAbout14-4804 a a ' 1-/i STIPULATION AGAINST LIENS THIS AGREEMENT made this (Z- day of � 2014, by and between FARINELLI CONSTRUCTION, INC. , hereinafter referred to as Contractor, AND Jessica A. Sweitzer and Eric M. Sweitzer, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a single family dwelling situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot 40 of the Final Subdivision Plan of- Meadowview Estates recorded in Plan Book 87, Page 52 . NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1 . 00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or 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 itself, himself or themselves, its, his or 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. ATTEST: FARINELLI CO R ION, INC. By: Donald J. Farinelli i \ V(PldA�}1kS�dN3d President Wd C 19f V x117 e COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS On this, the day of 2014 , before me a Notary Public, the undersigned officer, personally appeared Donald J. Farinelli, who acknowledged himself to be the President of Farinelli Construction, Inc . , and that he as such President , being authorized to do so, executed the foregoing document for the purposes therein contained by signing the name of the said Corporation by himself as such President . IN WITNESS WHEREOF, I hereunto set my hand and official seal . COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RENEE L.MURRAY,Notary Public Carlisle Boro.,Cumberland County My Commission Expires December 13,2017 R Exhibit A ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point, said point being on the eastern dedicated right of way line of South View Drive, said point being on the dividing line between Lot Nos. 39 and 40 on the hereinafter mentioned Plan of Lots; thence along the eastern dedicated right of way line of South View Drive North 42 degrees 32 minutes 39 seconds East, one hundred twenty-five and zero one hundredths (125.00) feet to a point on the dividing line between Lot Nos. 40 and 45 on the hereinafter mentioned plan of lots; thence along said dividing line South 47 degrees 27 minutes 21 seconds East, one hundred sixty and zero one hundredths(160.00)feet to a point;thence South 42 degrees 32 minutes 39 seconds West, one hundred twenty-five and zero one hundredths (125.00)feet to a point on the dividing line between Lot Nos. 39 and 40; thence along said dividing line North 47 degrees 27 minutes 21 seconds West, one hundred sixty and zero one hundredths(160.00) feet to a point on the eastern dedicated right of way line of South View Drive, the place of BEGINNING. BEING Lot No. 40, in Section II-Phase V, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 87, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restrictive Covenants dated June 26, 2003 and recorded on July 3, 2003 in the Cumberland County Recorder of Deeds Office in Misc. Book 698, Page 4918. FURTHER UNDER AND SUBJECT, NEVERTHELESS, to a fifteen (15) foot utility easement as shown and depicted in Section II-Phase V, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 87, Page 52. BEING the same premises which David B. Morgan and Tracy L. Morgan, husband and wife, by deed dated 12/18/09 and recorded 12/23/09 to Instrument#200942457 granted and conveyed unto Gus Bailey,LLC.