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HomeMy WebLinkAbout95-04987 - 7 , ---.R o<J~ , }JiJ, '15 - '-1'18'1 MI.-D ;erJY1 STIPULATION AGAINST LIENS THIS AGREEMENT made this 19th day of september, 1995, by and between H. EDWIN BERKHEIMER, of Boiling springs, cumberland county, pennsylvania hereinafter referred to as contractor, AND HOWARD K. HANSEN, JR. and ROsANN HANSEN, husband and wife, of carlisle, cumberland county, pennsylvania, hereinafter referred to as owner, whereby the former undertook and agreed to erect and construct a home on that certain lot of ground situate in South Middleton Township, cumberland County, pennsylvania, more particularly described in the Attached Legal Description, which is Exhibit "A" NOW THEREFORE, THIS AGREEMENT WITNESSETH That the said contractor, for and in consideration of the sum of One ($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 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 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 19th day of september, 1995. Signed, sealed and Delivered in the ~~~ ) . -", I _#" I . , I' I "-'" " '~." ./ 0..;....,.~,., I.... (SEAL) H. Eawln Berkheimer . ~ ACKNOWLEDGMENT FOR INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND On this, the 19th day of September, 1995, before me the undersigned officer, personally appeared H. EDWIN BERKHEIMER 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. In witness whereof, I hereunto set my hand and official seal. ( SEAL) N'" .".1 Michael J .;:: ,;: ~-;~l'.ary Public Carl1slo BOfO C,.;,"tltHlilnd C~U~~9B M~ comnw....c;':'ln r _OliO! Apnl 1 . - "'NallI* M1cIUf. POfllbylvlii.....~.i~ I.E(;.-\1. UESnm'T(</:\ :\1.1. Tlt\T CERTAIN piece or parcel of land situated in the Township of South Middleton, Counly of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: 1lI'(j1~NING OIl a point on the legal right-of-way line of North Pin Oak Drive at the dividing line hetween Lots Nos, .~4 and 33 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between LoIs Nos, 34 and 33. North 30 degrees 33 minutes 42 seconds East, a distance of 170 feet to a point at the divilling line between Lots Nos, 34 and 36 as shown on said plan of lots; thence along the dividing line between l.olS 1'\0S, 34 and 36, South 34 degrees 52 minutes 53 seconds East, a distance of 144,37 feet to a point at a willer wmmon to Lots NDS. 34, 36 and 35 as shown on the hereinafter mentioned plan of lots; thence along the di\>::i;lg line between Lots Nos. 34 and 35 as shown on said plan of lots. South 30 degrees 33 minutes 42 sl'..onlis West, a distance of 110 feet to a point on the northern legal right-of-way line of North Pin Oak Drive; ;h.-nce .dong said northern legal right-of-way line of north Pin Oak Drive. north 59 degrees 26 minules 18 'l'L'lJllds West, a distance of 131.31 feet to a point on the same at the dividing line between Lots Nos, 34 and Yl. Ihe place of BEGINNING, ,,; .iNC, Lot No, 34 as shown on a certain subdivision plan of Lots entitled "Final Plan of Phase Four for THE ,):\I\S" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in !'I.\11 Bpok 66, Page 65, BI,I:'-IG the same premises which Max E. Stoner and Lawrence C. Zimmerman, Co-partners, trading and doing ""ine" a, "Stoner and Zimmerman Enterprises", a Pennsylvania General Partnership, by their Deed dated j" ';c: 5. 1995 and recorded on June 6, 1995 in the Office of the Recorder of Deeds for Cumberland County, ,,:',II~tcd and conveyed unto Howard K. Hansen. Jr. and Rosann Hansen, husband and wife, Grantors herein. \:\11) premises are conveyed under and subject, nevertheless, to: (I, The building set-back lines and utility casements and drainage e.1sements, if any, as more fully shown, ,ocate.! and defined on the above-mentioned plan of lots. (21 The obligation of maintenance of screening and maintenance of drainage easements and ponding arl::JS .l' ,Ipplicable and as more fully set forth on the above mentioned plan of lots. \.'! The applicable restrictions, covenants and conditions as more fully set forth under the heading of '\Ill'''' ..11 the above mentioned plan of lots, 1.\ I lhe casements and rights-of-way heretofore granted to public utility companies and South Middlelon I I'll nslllp MuniCIpal Authority. as applicable, for the use of providing utility services to the subdivision shown 'liJ the ahovc: described plan of lots. (~) The "Declaration of Protective Covenants, Reservations, Conditions and Restrictions Concerning "The (li\ks", Phase Four" as recorded in the Recorder's Office afroesaid in Miscellaneous Record Book Volume 450, '\lg....58.