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HomeMy WebLinkAbout02-1991 STIPULATION AGAINST LIENS THIS AGREEMENT made the I (~ ~day of April, 2002, by and between, TIM MARTIN, T/D/B/A, T & J BUILDERS, builder, of Pennsylvania, hereinafter referred to as Contractor, AND JOHN H. LYNCH, III and TRACY L. LYNCH, husband and wife, 240 Walnut Dale Road, Shippensburg, Pennsylvania, hereinafter referred to as Owner, WHEREAS, the said Contractor undertook and agreed to make certain improvements to Owner's property situate in Cumberland County, Pennsylvania, known as 240 Walnut Dale Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One Dollar ($1.00) to said Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for himself, and his subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and improvements and the lot of ground appurtenant thereto for or on account of any work done or materials famished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said improvements on the lot above described, and the said Contractor, for himself, his subcontractors and others under him hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this I~ ~'/~ day of April, 2002. Signed, Sealed and Delivered in the Presence of Tir~ M~rti~, B~i~der ~ ,,,""L, ~,~/~,,r/ T/D/B/A T & J Builder Tracy L. Lyn~,, Owner ALL that certain tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a Land Subdivision of Walnut Dale dated June, 1983 and recorded in Cumberland County Plan Book 45, Page 35, as follows: BEGINNIN~ at an existing railroad spike in Township Road T-323 (Walnut Dale Road) at corner of Lot No. 1 as shown on the above-described Subdivision Plan; thence in said Township Road T-323 (Walnut Dale Road), South 34 degrees 00 minutes 20 seconds West 224.20 feet to a railroad spike; thence continuing in said Road, South 38 degrees 28 minutes 40 seconds West 266.28 feet to a railroad spike; thence continuing in said Road, South 53 degrees 03 minutes 06 seconds West 131.67 feet to a point in said Road at corner of Lot No. 3 as shown on the above- described Subdivision Plan; thence by said Lot No. 3, North 28 degrees 08 minutes 05 seconds West 600.00 feet to an iron pin; thence continuing by said Lot No. 3, North 28 degrees 02 minutes 00 seconds East 451.03 feet to an iron pin; thence by Lot No. 1 as shown on the above-described Subdivision Plan, South 45 degrees 50 minutes 25 seconds East 651.32 feet to an existing railroad spike in Township Road T-323 (Walnut Dale Road), the point and place of BEGINNING. BEING Lot No. 2 as shown on the above-mentioned Subdivision Plan, and containing total lot acreage of 7.4490 acres. UNDER AND SUBJECT, NEVERTHELESS, to easements and building and use conditions of record. BEING THE SAME REAL ESTATE WHICH PAT BONANNI and LAURA BONANNI, his wife, by deed dated February 21, 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 118, Page 1124, granted and conveyed to JOHN H. LYNCH, III and TRACY L. LYNCH, his wife. BEING KNOWN AS TAX PARCEL % 39-14-0165-038 of the records of Cumberland County. Exhibit "A"