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HomeMy WebLinkAbout01-4943STIPULATION AGAINST LIENS JAMES E. SCHAMBACH, JR. AND BRENDA S. SCHAMBACH, Owner Vo JIM MILLER CUSTOM BUILDER, INC., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, JAMES E. SCHAMBACH, JR. and BRENDA S. SCHAMBACH of Harrisburg, Pennsylvania, the Owner, contemporaneously herewith has executed or is about to execute a contract with JIM MILLER CUSTOM BUILDER, INC., of Dillsburg, York County, Pennsylvania, the Contractor, for the construction of a dwelling house, and related structures or improvements, upon that certain land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this ~ immediately before the day of August, 2001 at the time of and execution of the said principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on, or to furnish or purchase materials for the aforesaid buildings or construction, in consideration of the making of said contract with said Contractor and the further consideration of One Dollar to said Contractor paid by said Owner, it is agreed that no liens or claims shall be filed or made against said buildings and/or land, or any part, piece, parcel or lot thereof, by said Contractor, or any sub-contractor, or by any materialmen, workmen or other persons for or on account of any labor provided or materials furnished or purchased, or any extra labor or materials provided, furnished or purchased for said buildings or construction, hereby expressly waiving any and all rights to file or make such liens and claims. AND, in furtherance hereof, the said Contractor does hereby represent and warrant that as of the time of the execution hereof, neither said Contractor, nor any sub-contractors, materialmen, workmen or any other persons have commenced any work on, or furnished or purchased any materials for the aforesaid buildings or construction. IN WITNESS WHEREOF, the said Owner and Contractor, each intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. WITNESS:/ OWNER: CONTRACTOR: JIM M~L~R CUSTOM BUILDER, INC., Richard A. Miller, President :133992 EXHIBIT "A" ALL THAT CERTAIN lot or tract of land being situated along the East side of Lisburn Road, SR 2017, in Lower Allen Township, Cua%berland County, Pennsylvania, said lot being shown as Lot No. 45 on a Final Subdivision Plan for 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, in Plan Book 75, page 94, said lot being more particularly bounded and described as follows: BEGINNING at a point on the Eastern right-of-way line of Fox Hollow Road, said point being the Southwestern corner of the above described lot and the Northwestern corner of Lot No. 46 on the above referenced Subdivision Plan; thence along the same right-of-way the following two (2) courses and distances, 1) a curve with a radius of 1,374.99 feet and an arc length of 133.17 feet to a point, 2) a curve to the right with a radius of 10.00 feet and an arc length of 15.97 feet to a point on the right-of-way of Canyon Creek; thence along the right-of-way of Canyon Creek the following two (2) courses and distances, 1) a curve to the left with a radius of 225.00 feet an arc length of 88.79 feet to a point, 2) North 36 degrees 07 minutes 39 seconds East with a length of 80.80 feet to a point; thence along the Western property line of Lot No. 48 South 53 degrees 52 minutes 21 seconds East 109.68 feet to a point; thence along the Western property line of Lot No. 47 South 04 degrees 43 minutes 06 seconds West 90.43 feet to a point; thence along the Northern property line of Lot No. 46 South 52 degrees 22 minutes 30 seconds West 152.87 feet to a point being the point of BEGINNING. CONTAINING an area of 28,796 square feet (0.661 acres).