HomeMy WebLinkAbout02-1418STIPULATION AGAINST LIENS 2~o.O.z. /'-//~' /'~-~ ~
OWNER: KENNETH G. CUNNINGHAM AND FRANCES A. CUNNINGHAM
CONTRACTOR: WESTHAFER CONSTRUCTION, INC.
WESTHAFERCONSTRUCTION, INC. of 120 West Allen Street, Mechanicsburg,
PA 17055, hereinafter referred to as Contractor
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KENNETI~ G. CUNNIN, G~A.M AND,~ FRANCES A, CUNNINGHAM of 244
Cumberland Road, Camp Hill, PA 17011, hereinafter referred to as Owner.
WBF~REAS, Contractor ha~- entered..~n!e anagreement with Owner toerect and
construct a building on that certain lot of ground situate in
L~ 9~, Rolling Hills Drive, B.~wmans Hill, Upper Allen Township, Cumberland
County, PA.
NOW THEREFORE THIS AGREEMENT WITNESSETH:
That the -~a~.d Contractor, far and in censiderationof the sum of One ($1.00} Dollar
in hand paid to it by Owner, the ~eipt whereof is hereby acknowledged, and the
further Ce.- ...... atlon me ........ m._~ agreement aforesmd, for ~tself and its
subcontrac~.o~, and aH parties acting through or under it or them, covenant and
agr4~aat ne mechanic's !-~en.- or ¢!a,-'ms shall b~ fi!ed or maintained by itor any of
them ag~inst.the said improvements and the lot of ground appurtenant thereto for
or on acc~nm~of any workdon~ or ..n*_!erials -fu.?_L~hedby it or any of ~.em under
said con~ctor otherwise, for, towards, in or abgut thc erected and construction of
the said !mpre-:ements on tb.e lotabove desc~bed, and the said Contractor, for
itself, its ~mbeontractors and gt~crs under it ~creby expressly waives and
relinquishes-the right to _h_ese, ~!e, -_nd main~_nany mechanic's liensor claims
against the ,'a-'a_ buildings-or aa-~.of~he improvements, and agrees that4his~
instrument, waiving the right of lien, shall be an independent covenant.
IN WITNESS WHEREOF, the p~ies.heret~ intend:'ng to be legally bound have
hereunto set their hands and seals the day and year first above written.
ATTEST
CONTRACTOR:
WESTHAFER CONSTRUCTION, INC.
~R~.NO~S A. CVNNING~,~4 ' -// ' --
SCHEDULE C - LEGAL DESCR/PTION
ALL THAT CERTAIN piece, parcel and lot of land situate on the east side of Rolling Hills Drive in
the Township of Upper Allen, County of Cumberland, Commonwealth of Permsylvania, being
known as Lot #92, in the final Subdivision Plan of Bowmans Hill - Phase 3, recorded in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70, Page 39,
being more fully bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right of way line of Rolling Hills Drive at the
dividing line of Lot #91 and Lot #92, herein described; thence by said dividing line, South 49
degrees 32 minutes 28 seconds East, a distance of 125.29 feet to a point at the dividing line of Lot
#99 and LOt #92, herein described; thence by said ~v~ing line, South 62 degrees 58 minutes 03
seconds West, a distance of 121.62 feet to a point at the dividing line of Lot #93 and Lot No. g92,
herein described; thence by said dividing line, North 33 degrees 59 minutes 22 seconds West, a
distance of 94.08 feet to a point on the eastern dedicated right of way line of Rolling Hills Drive;
thence by said right of way line by a curve to the left having a radius of 325.00 feet and an arc'
distance of 88.21 feet; the chord of said curve being North 48 degrees 14 minutes 05 seconds East,
distance of 87.94 feet to a point, the place of BEGINNING.
CONTAINING 10,962 square feet more or less.
UNDER AND SUBJECT'to a 25 feet slope/vegetation easement along the eastern lot line and all
easements and restrictions of record.
BEING THE SAME PREMISES which Bowman's Hill Associates, a Pennsylvania general
Partnership, by Deed dated October 11, 2000, and recorded October 19, 2000, in the Recorder of
Deeds Office in and for Cumberland County, Pennsylvania in Deed Book 231, Page 802, .granted
and conveyed unto Walter C. Benedict and Debra J. Benedict.