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HomeMy WebLinkAbout05-4658 .(),S' - ~C:5ff' /1f ~ 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. , ~ '\ -- ~ \;'- ~ "'" w ~, -.S') -S.::.. t '. . 0 ..., c;:"..;) 0 t.- c:::.' -n Coon (..'":: :J:I if"": -r-; rn F I in C) CO (~) -0 - -, .'- : ") ~-cr~ - --. .. .-", C- , \.0 ::<