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HomeMy WebLinkAbout06-2055 . ~. (OWNER) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 /.; . ;{(j5:5 h1 L D JONATHAN M. GRAY, vs. FCM BUILDERS, INC.. LOT NO. 44, CANYON CREEK, MECHANICSBURG CUMBERLAND COUNTY, PENNSYLVANIA (GENERAL CONTRACTOR) STIPULATION AGAINST LIENS WHEREAS, JONATHAN M. GRAY, 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. 44. CANYON CREEK. MECHANICSBURG. CUMBERLAND COUNTY, PENNSYLVANIA, and more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and, NOW, THEREFORE, this ~~aY of ~f\ ~ ,2006, before any authority had been given by FCM BUILDERS, INC. to c mmence work on said facilities, or purchase matenals for same, in consideration of making of the above-described Contract with JONATHAN M. GRAY. Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by JONATHAN M. GRAY, 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 JONATHAN M. GRAY, the Owner, by the general contractor, or any of its subcontractors, or by any of the materialmen or workmen, or any other person a<cting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction, design and improvement of said fi'lcilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities, the land above-described, and JONATHAN M. GRAY, 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 the parties by their duly authorized representatives have hereunto executed the Stipulation Against Liens this ~ day of 1p", I , 2006. WITNESS: 1-(LUi t-- Q 4n1{k Jon than M. Gray "> ATTEST: 1L1L.'w _ "1'., .... EXHIBIT" A" ALL THAT CERTAIN lot or tract of land being situate along the East side of Lisburn Road, SR 2017, in Lower Allen Township, Cumberland County, Pennsylvania, said Lot being shown as Lot No. 44 on a Final Subdivision Plan for High Meadow, Phase IV, dated July 19, 1996 and last revised August 27,1997 as recorded in Plan Book 75, Page 94, said lot being more particularly bounded and described as follows, to wit: BEGINNING at a point, on the eastern right of way of Fox Hollow Road, said point being the northwestern comer of the above-described lot and the southwestern comer of Lot No. 42 on the above-referenced Subdivision Plan; thence along the northern property line, North 62 degrees 25 minutes 03 seconds East, 180.00 feet to a point; thence along the western property line of Lot No. 41, the following two (2) courses and distances: (I) South 27 degrees 34 minutes 57 seconds East, 84.09 feet to a point; and, (2) South 44 degrees 43 minutes 00 seconds East, 57.64 feet to a point on the northern right of way of Canyon Creek; thence along the same right of way, the following four (4) courses and distances: (I) a curve to the left with a radius of225.00 feet and an arc length of28,55 feet to a point, being a concrete monument; (2) South 36 degrees 07 minutes 39 seconds West, 104,74 feet to a point, being a concrete monument; (3) a curve to the right with a radius of 175.02 feet and an arc length of 68.50 feet to a point; and (4) 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 Fox Hollow Road; thence along the right of way of Fox Hollow Road, the following two (2) courses and distances: (I) a curve with a radius of 1,375.00 feet and an arc length of37.32 feet to a point; and, (2) North 27 degrees 34 minutes 57 seconds West, 167.25 feet to a point, being the Point of BEGINNING. CONTAINING an area of34,167 square feet (0.784 acres). THE ABOVE-DESCRIBED lot is under and subject to the following easements as shown on the above-referenced Plan. UNDER AND SUBJECT to a 20-foot wide drainage easement. ALSO UNDER AND SUBJECT to a 75-foot clear sight triangle at the intersection of Fox Hollow Road and Canyon Creek. UNDER AND SUBJECT to Declaration of Protective Covenants, as recorded on March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 242, Page 215. ALSO UNDER AND SUBJECT to all rights of way, easements and restrictions of record on the date hereof. :c~ " , .--,~ -0 ~. ';:, Cv ':f ~~~~ r: ~ 0 ~~ ~ ~ ~ () ~ (Vx ~ ~ ~ \JI .. ':, '~{)