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HomeMy WebLinkAbout05-2671 " , , " FREDERICK C. MILLER, and CONSTANTIN OS J. MALLlOS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- ;;<.0-;1 /YJI.-/) ...:1~ (OWNER) vs. FCM BUILDERS, INC., LOT NO.1, FOX HOLLOW ROAD, MECHANICSBURG CUMBERLAND COUNTY, PENNSYLVANIA (GENERAL CONTRACTOR) STIPULATION AGAINST LIENS WHEREAS, FREDERICK C. MILLER and CONSTANTINOS J. MALLlOS, the OWNER of the real estate described below, has or is about to execute a contract with FCM BUILDERS, INC. , whose principal business address is l., mJ/Jld III/in Dfl ;l'/ec),anlCS!,,;fj P1I17/KS , Pennsylvania, to construct a single family dwelling upon lands situate at LOT NO.1, FOX HOLLOW ROAD, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, and more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and, NOW, THEREFORE. this ~ day of rY}:l\,( , 2005, before any authority had been given by FCM BUILDERS, INC. to commente work on said facIlities, or purchase materials for same, in consideratio.n of making of the above-described Contract with FREDERICK C, MILLER and CONSTANTINOS J. MALLlOS, Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by FREDERICK C. MILLER and CONSTANTINOS J, MALLlOS, Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities ancl the land above-described, or upon FREDERICK C. MILLER and CONSTANTINOS J. MALLlOS, the Owner"by the general contractor, or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or: claims against the facilities, the land above-described, and FREDERICK C, MILLER and CONSTANTINOS J, MALLlOS, the Owner, being hereby expressly waived by the general contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto executed the Stipulation Against Liens this -1D- day of /YJ(JtJ , 2005. I :;;W~ Frederick C. Miller r?~9~ Constantinos J, Mallios WITNESS: ;/ )lIPlJ1tfL/ " /If V . ATTEST: ~ CM BUILDERS, I~. . . General Contractor . , ~> " ", EXHIBIT" A" ALL THAT CERTAIN tract or parcel ofland located in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, and being all of Lot No, 1, Final Subdivision Plan of High Meadow, Phase IV, dated July 19,1996, and last revised August 27,1997, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 2, 1997 in Plan Book 75, Page 94, said tract or parcel of land being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right of way line of Fox Hollow Road, said point being located a distance of 25,00 feet South of the center of the road, said point being the northeast comer of the hereon described lot, as shown on the above-referenced subdivision plan; thence along the southern right of way line of Fox Hollow Road, said right of way curving to the right with a radius of239.12 feet, an arc length of 30,08 feet to a point; thence along the northern boundary line of Lot No, 2, the following two (2) courses and distances: (1) South 36 degrees 50 minutes 00 seconds West, a distance of 137,04 feet to a point, (2) South 47 degrees 59 minutes 30 seconds West, a distance of 165,71 feet to a point, said point being along the northern right of way line of Lisburn Road; thence along the northern right of way line of Lisburn Road, the following two (2) courses and distances: (1) North 42 degrees 00 minutes 30 seconds East, a distance of 68.25 feet to a point, (2) North 38 degrees 08 rninutes 15 seconds West, a distance of 187.38 feet to a point, said point being the southeast comer of adjacent lands now or formerly ()[ Cyril F, Pipan; thence along the same adjacent lands, North 36 degrees 50 minutes 00 seconds East, a distance of 103.71 feet to a point; thence along lands now or formerly of John T. Durbin, South 53 degrees 10 minutes 00 seconds East, a distance of 250.00 feet to a point; thence along the same adjacent owner, North 36 degrees 50 minutes 00 seconds East, a distance of 136,00 feet to a point, said point being a proposed concrete monurnent and the point of BEGINNINC. CONTAINING 0,93 acres ofland, more or less. SUBJECT to all right of way, easements and restrictions of record on the date hereof, including, but not limited to, a 50-foot landscape easement, recorded covenants and restrictions and all other easernents of record. /<::::,~ - 6' -{, t...\ ,..,(I b ..... ~-6 -- ~ 0-\ " -! ~ t:- <Y1 G (\ t/ ~ '- - ~' C) 2~~ ,'-";~') ~, ....,.'~ ).), -L; f"0 .-'''1 W t:,3 .,' ~. :~! ;~'," ~,i.J C,) ...;;: