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HomeMy WebLinkAbout02-2124STIPULATION AGAINST LIENS JOHN C. DYER and KRISTIN N. DYER, Owners VS. SEWALT, INC. Contractor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : N0.0~-- ~r~q 2~02 WHEREAS, John C. Dyer and Kristin N. Dyer, Owners, are about to execute contemporaneously herewith, a contract with Sewalt, Inc.,for the construction of a residential dwelling on Lot 49, Ashcombe Farms, also known as 2425 Lobach Drive, Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit"An hereto attached. NOW, ~~_~, 2002, at the time of and immediately before execution of the principal contract, and before any authority has been given by the said Owners to Contractor to commence construction, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar to Contractor paid by Owners it is agreed that no lien shall be filed against said real estate or improvements erected thereon by the contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the said construction, the right to file such liens being expressly waived. WITNESS, our hand(s) and seal(s) the day and year aforesaid. Signed, Sealed and Delivered Owner 38664 SEWALT, INC. Contractor EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situated in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and fully described as follows: BEGINNING at a point located on the western right-of-way line of Lobach Drive, twenty-five (25) feet from the centerline of the same and a front corner of Lot No. 50. THENCE leaving said right-of-way and along the property line of said lot, South sixty-six degrees fifty-three minutes thirty-one seconds West a distance of one hundred thirty-six and forty hundredths feet (S. 66° 53' 31" W. - 136.40') to a point on the same, on the western edge line of a twenty feet (20') wide planting easement, on the eastern edge line of a twenty feet (20') wide stormwater easement, a rear corner of said lot and on the property line of lands now or formerly of Ashcombe Products Company. THENCE along said easements and the property line of said lands, North eighteen degrees thirty-five minutes thirty-nine seconds West a distance of seventy-two and ninety- six hundredths feet (N. 18° 35' 39" W. - 72.96') to a point on the same and a rear corner of Lot No. 48. THENCE along said lot, North sixty-five degrees twenty-nine minutes eleven seconds East a distance of one hundred twenty-nine and thirteen hundredths feet (N. 65° 29' 11" E. - 129.13') to a point on the same, a front corner of said lot and on the above noted right-of- way line. THENCE along said right-of-way South twenty-four degrees thirty minutes forty-nine seconds East a distance of fifty-two and zero hundredths feet (S. 24° 30' 49" E - 52.00') to a point on the same. THENCE along the same with a curve to the right, having a radius of nine hundred seventy-five and zero hundredths feet, an arc length of twenty-three and ninety-one hundredths feet, a chord bearing of South twenty-three degrees forty-eight minutes thirty- nine seconds East, a chord distance of twenty-three and ninety-one hundredths feet (R=975.00', A=23.91', S 23° 48' 39" E. - 23.91') to a point on the same, a front corner of Lot No. 50 and the point of BEGINNING. CONTAINING 9,870.12 square feet or 0.227 acres. 38607