HomeMy WebLinkAbout05-4658
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STIPULATION AGAINST LIENS
THIS AGREEMENT made U:is cZ:) day of d. -sf, 2005,
between FARINELLI CONSTRUCTION, INC., herei~referred
::=ontrac:t:or,
b:'l and
to as
AND
'~ll.-o rt Wi'r~\N "- C~ L,W1'\-\IN
jereinafter re=e~red to as Owners, whereby the contractor undertook
and agreed to e~ected and construct a dwelling on the cer~ain lot
of ground situate in Upper Allen Township, Cumberland County,
Commonweal tn of Pennsj7l vania, and more f~lly described in Exhibit:
"A" which is atLached hereLo and made a part hereof known as Lot #3
Allen Glen Phase l, Final Subdivision Plan prepared by Melham
Associates, PC dated August 9, 2001, last revised October 4, 2001,
recorded November 1, 2001 in Cumberland County Plan Book 84, Page
46.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That tr1e said
Contractor, for an in consideration of the Sum of ($1.00) Dolla~ to
''',.':'.1,:;
Contractor in ha:1d paid by Owner, the receipt whereof is heJ:;"bY
acknowledged, and the further consideration mentioned ir-..:,the
agreement aforesaid, for itself, himself or themselves and its, his
C1Y 'Cheir subcon~ractors, and a.iJ parties acting -chrough or under
-eDell'" covenant:. and agree that no mechanic's liens or claims sha.ll
be ::iled or maintained by them or any of the,f' against the said
bu.:lciings and the lot of ground appu2:.'tenant thereto for or. on
account of any work done or materials furnished by them or any of
therr. under said contract or othe.2::"wise, 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.
Signed, sealed and delivered
'H(~ ,
'STRUCTION, INC.
PUr.
By:
.
.
.
COMMONWEALTH OF PENNSYLVANIA:
On this, the (J.'5
SS
day of ~/A.fSl,-
, 2005, before me a
COUNTY OF CUMBERLAND
Notary Public, the undersigned officer, personally appeared
{J~\d. (5. V-""",.,.....il. who acknowledged himself "co be the
Y'R\:"S\ dEY'\- of Farinelli Construction, Inc. and that he as
SUChV'RIOS\dmt being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing
~he name of the said Corporation by himself as such
Y\\f""S-' ~'Y1+'
seal.
IN WITNESS WHEREOF, I hereunto
NOTARIAL SEAL
IWIIlI L lENKER, NOTARY PUBLIC
CMUSlE BORO. CUMBERLAND COUNlY
tit COMMl88lON EXPIRES MARCH 10. 2009
Exhibit A
ALL that certain tract or parcel of land situated in Upper Allen Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western right of way line of Allen Glen Drive, fifty (50) feet
wide road, said point being the southeastern corner of Lot 2, thence along the aforesaid
right of way line and along lands now or formerly of Robert M. Mumma II, by a curve to
the left (erroneously stated in prior deed as right) having a radius of three hundred seventy-
five (375) feet, an arc I ength of two hundred twenty-nine and ninety-four hundredths
(229.94) feet, said arc being subtended by a chord of South fifty-nine degrees six minutes
forty one seconds East (S 590 06' 41" E) a distance of two hundred twenty-six and thirty-six
hundredths (226.36) feet to a point, a point along the western right of way line of Glen
Court;
THENCE along the aforesaid right of way line, by a curve to the left having a radius of
775.00 feet, an arc length of 65.16 feet, said arc subtended by a chord of South 79 degrees 05
minutes 11 seconds East, a distance of 65.14 feet to a point;
THENCE along the aforesaid right of way line, by a curve to the right (erroneously sated in
prior deed as left) having a radius of twenty-five (25) feet, an arc length of thirty-seven and
seventy-one hundredths (37.71) feet, said arc being subtended by a chord of South thirty-
eight degrees seventeen minutes twelve seconds East (S 380 17' 12"E) a distance of thirty-
four and twenty-three hundredths (34.23) feet to a point;
THENCE along the same, South four degrees fifty-five minutes eighteen seconds West (S 04
55' 18" W) a distance of eighty-eight and sixty-seven hundredths (88.67) feet to a point;
THENCE along the same, by a curve to the right (erroneously sated in prior deed as left)
having a radius of three hundred seventy-five (375) feet, an arc length of two hundred
seventy-one and fifteen hundredths (271.15) feet, said arc being subtended by a chord of
South twenty-five degrees thirty-eight minutes ten seconds West (S 250 38' 10" W) a
distance of two hundred sixty-five and twenty-eight hundredths (265.28) feet to a point, said
point being the uortheastern corner of Lot 4;
THENCE along the boundary of Lot 4, North eighty two degrees forty seven minutes forty-
two seconds West (N 820 47' 42" W) a distance of six hundred ninety-six aud ninety-seven
hundredths (696.97) feet to a point, said point being on the eastern edge of lands now or
formerly of Spencer G. Nauman, Jr., and the southern corner of Lot 2;
THENCE along the boundary of Lot 2, North fifty-three degrees twenty-nine minutes forty-
seven seconds East (N 53 29' 47"E) a distance of six hundred sixty-four and eighty-five
hundredths (664.85) feet to a point, said point being the place of BEGINNING.
BEING Lot No.3 on Allen Glen, Phase 1, Final Subdivision Plan, prepared by Melham
Associates, P.c., dated August 9, 2001, last revised October 4, 2001, recorded November 1,
2001 in Cumberland County Plan Book 84, Page 46.
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