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HomeMy WebLinkAbout06-5794 - . .. > fu-~-, 5' 7Q'f ft11-..0 STIPULATION AGAINST LIENS THIS AGREEMENT made this 22nd day of September, 2006, by and between National Construction and Development, LLC, of New York, hereinafter referred to as Contractor, AND AFC Washco-Carlisle Crossing, LP, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in South ~ddleton Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #5, South ~ddleton Township, Cumberland County, PA as well as Lots 1, 6, 7 & 8 of the Final Subdivision and Land Development Plan for Carlisle Crossing recorded in Plan Book 90, Page 108. 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 :NATIONAL CONSTRUCTION :A PMENT, LLC Member ~ .- ,. STATE OF NEW YORK COUNTY OF OnOWaj6- On this, the ~q~~ day of ~~~f' 2006, before me, the undersigned officer, personally appeared /?t kr J; /I/r Member of National Construction and Development, LLC, 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 and in the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ANN M. WHALEY NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ONONDAGA COUNTY No.01WH6102922 ^L- COMMISSION EXPIRES DECEMBER 8. 20"'-1 f)iin l;,; ~~ ( SEAL) STATE OF NEW YORK COUNTY OF Ul7oncMjtc- On this, the c:<q'-fiJ day of Jitk/J1Jx~, 2006, before me, if f 6rct/ZtZt J the undersigned officer, personally appeared Member of National Construction and Development, LLC, 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 and in the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ANN Iv1, WHALEY NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ONONDAGA COUNTY No. 01 WH61 02922 I~ COMMISSION EXPIRES DECEMBER 8. 2O~1 ~Y21 t$;t~ ( SEAL . ... ALL those certain tracts 0 f land situate in South Middleton Township, Cumberland County, Pennsylvania and described as follows: LOT 1: Beginning at an iron pin to be set at the Southwest property corner of Lot 1 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence N 01 degrees 53 minutes 30 seconds E for a distance of 301. 73' to an iron pipe found, said iron pipe is S 50 degrees 47 minutes 17 seconds W a distance of 91.02' from a railroad spike found near t he centerline 0 f T rindle Road ( S.R. 0641); thence S 87 de grees 04 minutes 30 seconds E for a distance of 67.50' to an iron pin to be set; thence by a curve to the left having a radius of 5,791.65' and an arc length of 104.45' to an iron pin to be set; thence S 88 degrees 06 minutes 30 seconds E for a distance of 103.95' to an iron pin to be set; thence by a curve to the right having a radius of 60.00' and an arc length of 94.46' to an iron pin to be set; thence S 02 degrees 05 minutes 33 seconds W for a distance of 173.68' to an iron pin to be set; thence by a curve to the right having a radius of 265.00' and an arc length of 56.10' to an iron pin to be set; thence by a curve to the right having a radius of 70.00' and an arc length of 130.77' to an iron pin to be set; thence by a curve to the left having a radius of 330.00' and an arc length of 234.18' to an iron pin to be set, the place of beginning. Containing 2.392 acres LOT 5: Beginning at a concrete monument to be set at the Northwest property corner of Lots 5 and 6 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence by a curve to the right having a radius of 50.00' and an arc length of 42.05' to an iron pin to be set; thence by a curve to the left having a radius of 70.00' and an arc length of 131.02' to an iron pin to be set; thence N 62 degrees 43 minutes 12 seconds E for a distance of 109.17' to an iron pin to be set; thence S 51 degrees 08 minutes 12 seconds E for a distance of 207.20' to an iron pin to be set; thence S 38 degrees 51 minutes 48 seconds W for a distance of 37.52' to a rebar found; thence S 39 degrees 31 minutes 03 seconds W for a distance of 44.02' to an iron pipe found; thence S 40 degrees 26 minutes 00 seconds W for a distance of 143.68' to an iron pipe found; thence S 39 degrees 55 minutes 47 seconds W for a distance of 17.53' to an iron pin to be set; thence N 49 degrees 34 minutes 00 seconds W for a distance of312.65' to a concrete monument to be set, the place of beginning. Containing 1.348 acres LOT 6: Beginning at a concrete monument to be set at the Northeast property corner of Lots 6 and 5 ofthe Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence S 49 degrees 34 minutes 00 seconds E for a distance of 312.65' to an iron pin to be set; thence S 39 degrees 55 minutes 47 seconds W for a distance of203.72' to a rebar found; thence N 57 degrees 04 minutes 47 seconds W for a distance of 324.07' to a rebar found; thence S 32 degrees 55 minutes 00 seconds W for a distance of 305.13' to an iron pin to be set; thence by a curve to the right having a radius of 80.00' <f and an arc length of 80.65' to an iron pin to be set; thence by a curve to the left having a radius of 970.00' and an arc length of 31.29' to an iron pin to be set; thence N 32 degrees 55 minutes 13 seconds E for a distance of 254.10' to an iron pin to be set; thence by a curve to the right having a radius of220.00' and an arc length of 114.43' to an iron pin to be set; thence N 62 degrees 43 minutes 12 seconds W for a distance of 100.33' to concrete monument to be set, the place of beginning. Containing 2.097 acres LOT 7: Beginning at an iron pin to be set at the Southern property comer of Lots 7 and 8 of the Final Subdivision and Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence N 57 degrees 05 minutes 00 seconds W for a distance of250.51' to an iron pin to be set; thence N 28 degrees 57 minutes 46 seconds E for a distance of 123.98' to a rebar found; thence N 31 degrees 24 minutes 19 seconds E for a distance of 164.52' to an iron pin to be set; thence S 47 degrees 44 minutes 49 seconds E for a distance of 357.09' to an iron pin to be set; thence by a curve to the right having a radius of 50.00' and an arc length of 4.51' to an iron pin to be set; thence S 62 degrees 43 minutes 12 seconds W for a distance of 100.33' to an iron pin to be set; thence by a curve to the left having a radius of 280.00' and an arc length of 145.63' to an iron pin to be set, the place of beginning. Containing 1.764 acres LOT 8: Beginning at an iron pin to be set at the Southern property comer of Lots 8 and 7 0 f the Final Subdivision a nd Land Development Plan for Carlisle Crossings, being recorded in the Cumberland County Courthouse as Plan Book 90, Page 108; thence S 32 degrees 55 minutes 13 seconds W for a distance of 254.1 0' to an iron pin to be set; thence by a curve to the right having a radius of 1030.00' and an arc length of 34.64' to an iron pin to be set; thence by a curve to the right having a radius of 80.00' and an arc length of 121.60' to an iron pin to be set; thence N 61 degrees 55 minutes 01 seconds W for a distance of 80.29' to an iron pin to be set; thence N 27 degrees 37 minutes 00 seconds E for a distance of 31.18' to an iron pin to be set; thence N 62 degrees 23 minutes 00 seconds W for a distance of 73.97' to a rebar found; thence N 29 degrees 36 minutes 16 seconds E for a distance of 278.30' to an iron pin to be set; thence N 28 degrees 57 minutes 46 seconds E for a distance of76.03' to an iron pin to be set; thence S 57 degrees 05 minutes 00 seconds E for a distance of 250.51' to an iron pin to be set, the place of beginning. Containing 1.977 acres. FP ~ ~ 0., ...(') C><;J -- ~ W -J ~ ~ $ y, ~ <- !'- - ':'\ ~ c 00 o S "-1 = ~-:;~ cro o 11 ::;:f n'i:rJ r- ~3Q ~~ ~~;.: ~.)f5 >,\iTl ;::{ ~U -< C) n -~ I W ~ c..~ (...) CO