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HomeMy WebLinkAbout02-2762STIPULATION AGAINST LIENS OAK HILL LAND IMPROVEMENT COMPANY, LLC, Owner W&H REAL ESTATE, LLC, Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO. Oo -- : : : .. WHEREAS, OAK I-III,L LAND IMPROVEMENT COMPANY, LLC, of 986 Oak Hill Drive, Lewisberry, PA 17339, is about to execute contemporaneously herewith, a contract, with W&H REAL ESTATE, LLC, of 2601 North Second Street, Harrisburg, PA 17110, for the construction of a dwelling located upon premises commonly known as Lot 86 Kingswood, 1105 Ghelmsford Drive, Hampden Township, Cumberland County, Pennsylvania, as set forth in the Deed dated ~/~tv£[0 ,,~7 ,2002, at Deed Book ,~/ _, Page ~.O~9~ , in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, May ~]~'/'-, 2002, at the time of 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 build'mg, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building 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 erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: W&H REAL ESTATE, LLC OWNER: OAK HILL LAND IMPROVEMENT COMPANY, LLC ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 86, as shown on Kingswood final Subdivision Plan of Phases VB and VC, dated December 3, 19~93, and recorded April 8, 1994, in Cumberland County Plan Book 67, Page 136, being bounded and described as follows: . BEGINNING at an iron pin lying in a westerly right-of-way line ~ Chelmsford Drive (50 foot right-of-way) and being a northerly corner Lot No. 87; thence along Lot No. 87, South 41 degrees 06 minutes g~ seconds West, 102.94 feet to an iron pin, being a westerly corner. said lot and lying in an easterly line of common area (Plan Book 65,i Page 132-1); thence along common area lands, North 34 degrees 11 minutes 04 seconds West, 120.12 feet to an iron pin, being an easterly corner of said lands; thence continuing along said lands North 11 degrees 25! minutes 16 seconds West, ' 35.00 feet to an iron pin, lying in an easterl~ line of said lands and being a southwesterly corner of Lot~ No. 85;I thence along Lot No. 85, .North 73 ~egrees 34 minutes 52 seconds East,! 93.06 feet to an iron pin lying in a westerly right-of-way line ofI Chelmsf~rd Drive; thence along Chelmsford Drive, along a cur~e to the! left,~ having a chord bearing of South 32 degrees 39 minutes 33 secondsi EAst, -a chord distance of 97.88 feet, a radius of 175.00 feet, and an arc distance of 99.21 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.27 acre. LOT NO. 86 is subject to an existing 20-foot wide storm sewer easement traversing through its northerly boundary, a portion of an existing 30 foot wide sanitary sewer easement along its northerly boundary, and one- half of a 10 foot wide bikepath easement along its southerly boundary.