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HomeMy WebLinkAbout06-4425 ..~. .- ~ -. o /., - '1'1 ;;;..5 rmJ) THIS AGREEMENT made this between Neidlinger Fine Homes, referred to as Contractor, STIPULATION AGAINST LIENS f"V'"/:! '2.. day of July, 2006, by and a sole proprietorship, hereinafter AND Robert V. Neidlinger, hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in West Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, and more f'dly described in Exhibit "A" which is attached hereto and made a part hereof known as Lot 3, Mt. Rock Road, Carlisle, PA 17013. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their 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 the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, 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 the day and year first above written. Signed, sealed and delivered in the presence of NE~~NE~ By': . . ~c:~ ..'" .... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~ day of July 2006, before me, the undersigned officer, personally appeared Robert V. Neidlinger of Neidlinger Fine Homes known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~VJi ,A. O(~ (SEAL) G NoIariaISeaI Usa A. O'Brien, NotsJy PubliC Sou1l'!~" Twp., Cumbsrland County My v,"""..=".:~."'s Sept. 24, 2006 ~.ntC:f. Pwr<~Y:\SJni[:, ~.=:<<:iaUOn Of Nota~leS " ~ Exhibit A ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin at the division line of lands now or formerly of Floyd E. Lebo, et ux, and lands now or formerly of Ira E. Comp, Jr., et ux.; thence along lands of the latter South 60 degrees 12 minutes 10 seconds East a distance of 636.16 feet to an Iron pin; thence South 12 degrees 55 minutes 02 seconds West .a distance of 135.37 feet; thence along a variable width private right-of-way and along a curve to the left having a radius of 50.00 feet, arc length of 72.67 feet, delta angle of 83 degrees 16 minutes 35 seconds, a chord bearing of South 61 degrees 16 minutes 44 seconds West, and a chord length of 66.44 feet to an Iron pin; thence along Lot No.2 North 70 degrees 21 minutes 33 seconds West a distance of 318.13 feet to an Iron pin; thence along the same South 88 degrees 13 minutes 45 seconds West, a distance of 380.00 feet to an iron pin; thence long lands now or formerly of Joseph H. Mowery North 0 degrees 18 minutes 08 seconds West a distance of 510.00 feet to an iron pin; thence along lands now or formerly of Floyd E. Lebo, et ux. South 60 degrees 12 minutes 10 seconds East a distance of251.91 feet to an iron pin, the Place of BEGINNING. CONTAINING 5.4291 acres and being described according to a survey of Eugene A. Hockensmith, Professional Land Surveyor, dated January 16, 1991. BEING designated as Lot No. 3 of the Final Subdivision Plan for Earl B. Swarner and Nancy L. Swarner and recorded in Plan Book 62, Page 94, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. ALSO including a variable width private right-of-way in favor of the Grantee herein, his heirs and assigns, to be shared in conjunction with the owners of Lots Nos. 1 and 2, for the purpose of providing for ingress, egress, regress, utility placement, drainage facilities, and other necessary uses, which private rlght-of-way crosses a portion of Lot No.1 as shown on the aforesaid Subdivision Plan. The said variable width private right-of-way is more particularly bounded and described as follows: . BEGINNING at an Iron pin which is offset 790.59 feet perpendicular in a Northwesterly direction from Interstate Route No. 81 (L.R. 799) centerline station 707 + 04.31; thence along lands locally known as the Southbound Newville Rest Area now or formerly of the Commonwealth of Pennsylvania South 4 degrees 53 minutes 29 seconds East, a distance of 11.88 feet to an Iron pin; thence running through Lot No.1 South 85 degrees 33 minutes 22 seconds West, a distance of 328.27 feet to an iron pin; thence through the same and along a curve to the left having a radius of 25.00 feet, arc length of 21.03 feet, delta angle of 48 degrees 11 minutes 23 seconds, a chord bearing of South 61 degrees 27 minutes 41 seconds West, and a chord length of 20.41 feet to an Iron pin; thence through the same and along a curve to the right having a radius of 50.00 feet, arc length of 57.20 feet, delta angle of 65 degrees 33 minutes 02 seconds, a chord bearing of South 70 degrees 08 minutes 31 seconds West, and a chord length of 54.13 feet to an iron pin; thence along Lot No.2 and along a curve to the right having a radius of 50.00 feet, arc length of 84.41 feet, delta angle of 96 degrees 43 minutes 24 seconds, a chord bearing of North 28 degrees 43 minutes 16 seconds West, and a chord length of 74.74 feet to an iron pin; thence along Lot No.3 as described TSS240-00022 '. .. above and along a cnrve to the right having a radius of 50.00 feet, arc length of 72.67 feet, delta angle of 83 degrees 16 minutes 35 seconds, a chord bearing of North 61 degrees 16 minutes 44 seconds East, and a chord length of 66.44 feet to an Iron pin; thence running through Lot No.1 and along a curve to the right having a radius of 50.00 feet, arc length of 26.90 feet, delta angle of 30 degrees 49 minutes 43 seconds, a chord bearing of South 61 degrees 40 minutes 06 seconds East, and a chord length of 26.58 feet to an Iron pin; thence through the same and along a curve to the left having a radius of 25.00 feet, arc length of 21.03 feet, delta angle of 48 degrees 11 minutes 23 seconds, a chord bearll\g of 70 degrees 20 minutes 56 seconds East, and a chord length of 20.41 feet to an Iron pin; thence through the same North 85 degrees 33 minutes 22 seconds East, a distance of 222.61'feet to an existing vertical limestone; thence along lands now or formerly of Ira E. Comp, Jr., et ux., North 85 degrees 33 minutes 22 seconds East, a distance of 1588.92 feet to an iron pin; thence along the same and a 40 foot wide private access easement as shown on the Pennsylvania Department of Transportation plan number 16 (L.R. 799-section number 3) North 85 degrees 33 minutes 22 seconds East a distance of 90.61 feet to an Iron pin at the intersection of the property line and the legal right-of-way line of Interstate Route Number 81 (L.R. 799); thence along the Northwest legal right-of-way line of Interstate Route Number 81 South 59 degrees 21 minutes 40 seconds West a distance of 77.45 feet to an iron pin; thence along lands of the Southbound Newville Rest Area now (lr formerly of the Commonwealth of Pennsylvania South 85 degrees 24 minutes 23 seconds Wes(a distance of 1504.48 feet to an Iron pin; the Place of BEGINNING. ALSO Including a 40 foot wide private easement in favor. of the Grantees herein, his heirs and assigns, to be shared In conjunction with the owners of Lot Nos. 1 and 2, across the Southeast corner of the adjacent property now or formerly of Ira E. Comp, Jr., et ux., as shown on the Pennsylvania Department of Transportation plan number 16 (L.R. 799- section number 3), for the purpose of providing for Ingress, egress,'regress, utility placement, drainage facilities, and other necessary uses. The said 40 (oot wide private easement Is more particularly bounded and described as follows: BEGINNING at an Iron pin at the Intersection of the Western legal right-of-way line of the Mount Rock Road (L.R. 21004) and the Northwest legal right-of-way line of Interstate Route Number 81 (L.R. 799); thence along the legal right-of-way line of Interstate Route Number 81 South S9 degrees 21 minutes 40 seconds West, a distance of 27.46 feet to an Iron pin; thence along Lot No.1 as shown on the aforesaid Subdivision Plan South 85 degrees 33 minutes 22 seconds West a distance of 90.61 feet to an Iron pin; thence running across lands now or formerly of Ira E. Comp, Jr., et ox. North 59 degrees 21 minutes 40 seconds East a distance of 132.46 feet to an Iron pin In the Western legal right-of-way line of Mount Rock Road; thence along the said right-of-way line and along a curve to the right having a radius of 376.68 feet, arc length of 46.52 feet, delta angle of 7 degrees 04 minutes 34 seconds, a chord bearing of South 0 degrees 00 minutes 01 seconds West, and a chord length of 46.29 feet to an iron pin, the Place of BEGINNING. TSS240-00022 ,..!- ~-~] F: [:_ ~-..J .__ .. "--.; ~.L 0.1 i <t:. a.. c.; 1 -E' ~ We tv\ () \l\ ~ '-J:;t;,o o~<j o J -t -!h. ~~~~