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HomeMy WebLinkAbout05-6517 . . FREDERICK C. MILLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (OWNER) NO. OS - ~ 5'/7 ('YI LiJ vs, FCM BUILDERS, INC., LOT NO. 27, WELLGATE LANE, MECHANICSBURG CUMBERLAND COUNTY, PENNSYLVANIA (GENERAL CONTRACTOR) STIPULATION AGAINST LIENS WHEREAS, FREDERICK C. MILLER, the OWNER of the real estate described below, has or is about to execute a con1ract with FCM BUILDERS, INC. , whose principal business address is 13 MOUNT ALLEN DRIVE, MECHANICSBURG. PA 17055 , to construct a single family dwelling upon lands situate a1 LOT NO. 27, WELLGATE LANE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, and more particularly bounded and described on Exhibit HAH attached hereto and made a part hereof; and, NOW, THEREFORE, this ~ day of O~"""v ,2005, before any authority had been given by FCM BUILDERS, INC. to commence work on said facilities, or purchase materials for same, in consideration of making of the above-described Contract with FREDERICK C. MILLER, Owner, and in further consideration of One ($1.00) Dollar paid to 1he general contractor by FREDERICK C. <MILLER, Owner, the receipt whereof is hereby acknowledged, it is agreed that no, liens or claims shall be filed or main1ained against the Owner's facilities and the land above'described, or upon FREDERICK C. MILLER, the Owner, by the general contrac10r, or any of its subcontractors, or by any of the materialmen or workmen, or any other person actin9 1hrough or under them, for or on account of any labor, or materials purchased, or extra labor or ma1erials purchased for, towards, in or about the erection, construc1ion, design and improvemen1 of said facilities, under said contract or otherwise, 1he right 10 have, file and main1ain such liens or claims against the facilities, 1he land above-described, and FREDERICK C. MILLER, 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 1he parties by thrt. duly authorized representatives have hereunto executed the S . ulation Against Liens this ~I c:-- day of t-f....- , 2005. o~ "Frederick C. iller ATTEST: -p- C~~ Frederick C. Miller, FCM Builders, Inc. General Con1ractor . . EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Well gate Lane (60-feet wide) at the dividing line between Lot No. 27 as shown on the hereinafter mentioned plan and Lot No. 26 as shown on the Final Subdivision Plan of Allen Estates as recorded in Plan Book 72, Page 125; thence along the right of way line of Wellgate Lane, North 67 degrees 45 minutes 00 seconds West, a distance of 33.12 feet to a point; thence continuing along the same by a curve, curving to the right having a radius of 130.00 feet and an arc length of 134.30 feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 15.00 feet and an arc length of 14.64 feet to a point on the right of way line of Wellgate Lane cul-de-sac; thence along said right of way line by a curve, curving to the left having a radius of 50.00 feet and an arc length of 80,84 feet to a point; thence along the dividing line between Lots Nos. 27 and 28, North 44 degrees 44 minutes 26 seconds East, a distance of 165.26 feet to a point at the dividing line between Lots Nos, 25, 27, and 28; thence along the dividing line between Lots Nos. 25 and 27, South 34 degrees 43 minutes 06 seconds East, a distance of 129.30 feet to a point at the dividing line between Lots Nos. 25, 26, and 27; thence along the dividing line between Lots Nos. 26 and 27, South 22 degrees 15 minutes 00 seconds West, a distance of227.ll feet to a point on the northern right of way line of Well gate Lane, the place of BEGINNING. CONTAINING 36,644.42 square feet or 0.8413 acres. BEING Lot No. 27 as shown on the Final Resubdivision Plan of Allen Estates, as prepared by Hartman and Associates, Inc. Said plan being recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, in Plan Book 73, Page 139. SUBJECT to a 20-foot drainage easement and a variable width drainage easement for a Detention Basic as shown on the above-referenced plan. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, 'conditions and rights of way of record or visible upon inspection of premIses. (/9 ~ ~ (" 'f ~~ ~ -:s. Iv "" t '\:' G V' ...c. C) ,...., c=> 0 ~.:; = "" -0 ~:fj1.r Cl -l rn :C:;n :c7 C"> [11 r:: <3: -om 0" ~;.lO !.::;: C) (-y -\ -;-.; -0 ~2~~ ~i:,. -- -" )::> cs;tl y~ :.--\ ,'" :n \,0 -< i1-' ~ \ " , "" C C >'- ~ ~ ;:;;; c C9~ ~ ,.' ~. ~