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HomeMy WebLinkAbout02-2126STIPULATIONS AGAINST LIENS MICHAEL & SUSAN GIBLIN Owner POLLARD & CO., INC. Contractor I N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. WHEREAS, Michael & Susan Giblin, of 4609 Derry St., Harrisburg, PA, is about to execute contemporaneously herewith, a contract wiJJ2.,Pol~ & Co., Inc., Contractor, of P.O. Box 66, Dillsburg, PA 17019, for the erection of a.i~ffstttq residential building upon a lot of land situate in Upper Allen Township, Cumberland County, more fully described in attached Exhibit "A". NOW, April 26, 2002, at the time and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Owner and the further consideration of One Dollar to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contractor, nor by any of the material men or workers or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS our hands and seals the day and year aforesaid. WITNESS: Po~l~d-& Co., Ine Contractor ALL T~AT CERTAIN Lot in the property known, named and identified in the Declaration, referenced below, as "Ashcombe Farms P.RoD., a Planned Community", located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. Section 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, Pennsylvania, the Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Declaration"), dated April 6, 1998, recorded April 13, 1998, in Misc. Book 573, Page 407, as amended by First Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded March 19, 1999, in Misc. Book 607, Page 440, by Second Amendment to Declaration for Ashcombe Farms P.R.D., a Plexible Residential Planned Community, dated September 29, 1999, recorded October 13, 1999, in Misc. Book 627, Page 652, by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded February 26, 2001, in Misc. Book 667, Page 650, and as further amended by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 2001, recorded October 9, 2001, in Misc. Book 681, Page 2801, being and designated in such Declaration, as amended, as Lot No. 48 (Identifying Number), described in Paragraph 6 of the Fourth Amendment to Declaration and shown (and described) in Exhibit C-1 of the Fourth Amendment. .LOT NO. 48 contains 9,392.93 square feet, more or less. BEING LOT NO. 48 on a Final Subdivision Plan titled "Ashcombe Farms P.R.D. Final-Phase 4 Plat and Plan" dated February 28, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 84, Page 10. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to, Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated April 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 573, Page 407, First Amendment to Declaration for Ashcome Farms, P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 607, Page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 627, Page 652, Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 667, Page 650, and Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 2001, recorded October 9, 2001, in Misc. Book 681, Page 2801, and under and subject to easements and rights-of-way of record and visible by inspection, including but not limited to a twenty (20') foot planting easement across the western portion of the premises as shown on Exhibit C-l'of said Fourth Amendment to Declaration. BEGINNING at a point located on the western right-of-way line of Lobach Drive, Twenty-Five Feet (25') from the centerline of the same and a front corner of Lot No. 49; Thence leaving said right-of-way and along the property line of said lot, South Sixty-five Degrees Twenty-nine Minutes Eleven Seconds West a distance of One Hundred Twenty-nine and Thirteen Hundredths Feet (S 65 degrees 29' 11" W - 129.13') 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 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-five and Forty Hundredths Feet (N 18 degrees 35' 39" W - 75.40') to a point on the same and a rear corner of lot No. 47; Thence along said lot, North Sixty-five Degrees Twenty-nine Minutes Eleven Seconds East a distance of One Hundred Twenty-one and Thirty-five Hundredths Feet (N 65 degrees 29' 11" E - 121.35') 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 Seventy-five and Zero Hundredths Feet (S 24 degrees 30' 49" E) - 75.00') to a point on the same, a front corner of Lot No. 49 and the Point of BEGINNING. BEING PART OF THE SAME PREMISES which Country Square Partnership, a Pennsylvania general partnership, by their deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Michael E. Giblin and Susan M. Giblin.