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HomeMy WebLinkAbout06-1516 .. ..' ... FCM BUILDERS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (OWNER) NO. (~- f5/&> ,VU....f.) vs. FCM BUILDERS, INC.. LOT NO, 38, FORBES ROAD, CARLISLE CUMBERLAND COUNTY, PENNSYLVANIA (GENERAL CONTRACTOR) STIPULATION AGAINST LIENS WHEREAS, FCM BUILDERS, INC.. 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 _ 13 MOUNT ALLEN DRIVE, MECHANIMCSBURG, PA 17055 , Pennsylvania, to construct a single family dwelling upon lands situate at LOT NO, 38, FORBES ROAD, CARLISLE, 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 U(l\~ , 2006, 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 FCM BUILDERS, INC" Owner, and in further consideration of One ($1,00) Dollar paid to the general contractor by FCM BUilDERS, INC., 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 and the land above-described, or upon FCM BUILDERS, INC" 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 matl'rials 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 FCM BUILDERS, INC., 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 thmrties by ~r duly ilL'thorized representatives have hereunto executed the Stipulation Against Liens this/~'day of Q ru...v-. , 2006. WITNESS: ~ rederick C. Miller, President FCM Builders, Inc, ATTEST: ~ rede ick C, Miller, President FCM Builders, Inc, General Contractor . . . EXHIBIT "A" ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more fully described as Lot No. 38 of the final subdivision plan for Phase I of The Highlands, prepared by Stephen G. Fisher, R.S., dated July 5, 1988, and recorded in Cumberland County Plan Book 56, Page 43, and being more fully bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right of way line of 60- foot wide Forbes Road, at the dividing line between Lots Nos. 38 and 39 on the aforementioned subdivision plan; thence along said dividing line, North 19 degrees 00 minutes 31 seconds East, 119,84 feet to a point; thence along the dividing line between Lots Nos. 38, 41 and 42 on said plan, South 60 degrees 36 minutes 24 seconds East, 110.44 feet to a point; thence along the dividing line between Lots Nos. 38 and 43 on said plan, South 52 degrees 13 minutes 42 seconds East, 15.05 feet to a point; thence along the dividing line between Lots Nos, 37 and 38 on said plan, South 37 degrees 46 minutes 18 seconds West, 120,00 feet to a point on the eastern dedicated right of way line of Forbes Road; thence along the said right of way line, North 52 degrees 13 minutes 42 seconds West, 27.87 feet to a point; thence along same by a curve to the left with a radius of 180.00 feet, an arc distance of 58,95 feet to a point, the place of BEGINNING. CONTAINING 12,403.03 square feet, exclusive of dedicated right of way. UNDER AND SUBJECT to the building and use restrictions as set forth in the Deed dated May 5, 1989 and recorded May 5, 1989 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book X, Volume 33, Page 1070. ~~.~ ~. ~rt' '-D. \! 0'-\ - I,...J, .-J ;;;F,\x. --"", '" . ~ ...:;', ~(i rnc, :;~ _.~, ~S,;\. ~~ '~':. l:; ,,:,.,. )..,.. ';:::i; co'" 0" :; ,-;,.- :;:0 - 0', 6 v ';:\ ",:l, ~ \:> > d ('. (". ..,,-. ..-. rl. $" Q c:::f ' - c1' Q; :?,." ri1r -nf1'1 ~,Tl;--;i C~(') ~::~\ ~;:~(~ tsrn -\ -"'w ?1 ..... ..,., ..,- .-"1>0 - c:> o