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HomeMy WebLinkAbout02-2760STIPULATION AGAINST LIENS T~IS AGREEMENT made the J,4J'~ of ~ , 2002, by and between FOGARTY HOMES, INC., Contra6tor, JEFFREY T. SNYDER and SHELLY R. SNYDER, Husband and Wife, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly described in attached Exhibit "A", also referred to as Lot 59 Maplewood Lane, Enola, Pennsylvania. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to FOGARTY HOMES, INC., in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and 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 themselves, 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 this ~" day of ~J~ , 2002. Signed, Sealed and Delivered in the Presence of (Seal) (Seal) SHELLY R.//SNYDER / (Seal) FOGARTY HOMES, INC. By: In the Court of Common Pleas. County of Number Term, VS, Contractor Pennsylvania is about to execute contemporaneously h~re ' , - ' "1 v////lv'~" ~ I L r t I~t'~ ~ ' of ~r(t~ ~ . ~ Pennsylvania, for the erection of a * __ ~[~1~ ~ [ ~ building upon a lot of land situate l ood 1 NOW. ~ ~)[ ~)6~' . at the time of and immediately before the execution of the prin- cipal contract, and before any authority has been given bv the said ~~'~ to commence work on the said building, or pumhase materials for the same in consideration of the making of the said contract with O~~ and the further consideration of One Dollar. to paid by , 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 workmen 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 ~,ng expressly waived. WITNESS. our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF "EXHIBIT "A" ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described according to a certain Final Plan of Penn Valley, prepared by Hartmen & Associates, Inc., Engineers and Surveyors, Camp Hill, Pennsylvania, dated June 23, 1993 and last revised September 9, 1993, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way of Maplewood Lane (50' wide) at the dividing line between Lots No. 58 and No. 59 as shown on the hereinafter mentioned plan; thence along the northern right-of-way line of Maplewood Lane South 80 degrees 14 minutes 45 seconds West a distance of 80.00 feet to a point; thence by a curve, curving to the right having a 25 feet and an arc length of 39.27 feet to a point on the eastern right-of-way line of Elm Drive (50' wide); thence along the eastern right-of-way line of Elm Drive North 09 degrees 45 minutes 15 seconds West a distance of 75.00 feet to a point at the dividing line between Lots ~o. 59 and No. 39; thence along the dividing line between Lot No. 59 herein described and Lots No. 39 and No. 40 North 80 degrees 14 minutes 45 seconds East a distance of 105.00 feet to a point at the dividing line between Lots No. 58, No. 59 and No. 40; thence along the dividing line between Lots No. 58 and No~ 59 South 09 degrees 45 minutes 15 seconds East a distance of 100.00 feet~ to a point on the northern right-of-way line of Maplewood Lane, said point being the place of BEGINNING. BEING LOT HO. 59 on the Final Subdivision Plan of Penn Valleyl, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately 10, 365.87 square feet, more or less. ALSO UlqDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of ways of record or visible upon inspection of premises. BEING THE SAME PREMISES which Fogarty Homes, Inc., a Pennsylvania Corporation, by their deed to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Jeffrey T. Snyder and Shelly R. Snyder.