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HomeMy WebLinkAbout02-5866ALAN J. KEMERY AND CAROL T. KEMERY, his wife Owners VS. BK BUILDERS, Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AGAINST LIENS ~EREAS, Alan J. Kemery and Carol T. Kemery, his wife, are about to execute contemporaneously herewith, a contract, with BK Builders (BK) for the erection of a building upon: A~L THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West Dedicated Right-of-Way Line of Old Stone House Road (S.R. 2002) at a common property corner of Lot %3 and Lot #4 of the Final Subdivision Plan of 131 Old Stone House Road, Silver Spring Township, Pennsylvania; thence from said point of beginning along the Western Dedicated Right-of-Way line of Old Stone House Road (S.R. 2002) by a curve, curving to the left, having a radius of 12,585.00 feet and an arc length of 38.79 feet (with a chord bearing of South 26 degrees 09 minutes 40 seconds East, and a chord distance of 38.79 feet) to a point; thence continuing along the Western Dedicated Right-of-Way Line of Old Stone House Road South 26 degrees 14 minutes 58 seconds East, a distance of 162.14 feet to a point at a common property corner of Lot %4, and Lot %5; thence along Lot %5 and Lot %7 South 62 degrees 44 minutes 00 seconds West, a distance of 871.21 feet to a concrete monument a common property corner of Lot %4, Lot #7, and lands now or late of Sharon M. and Steven A. Goode; thence along lands now or late of Sharon M. and Steven A. Goode, lands now or late of Wayne E. Spahr and a portion of lands now or late of Charles JE. Hampson North 04 degrees 27 minutes 25 seconds East, a distance of 503.69 feet to a point at a common property corner of Lot %2, Lot %4, and lands now or late of Charles E. Hampson; thence along Lot %2 North 64 degrees 50 minutes 30 seconds East, a distance of 163.94 feet to a point at a common property corner of Lot %2, Lot %3, and Lot %4; thence along Lot %3 South 25 degrees 09 minutes 30 seconds East, a distance of 204.94 feet to a point; thence continuing along Lot %3 North 64 degrees 50 minutes 30 seconds East, a distance of 454.00 feet to a point on the Western Dedicated Right-of-Way Line of Old Stone House Road (S.R. 2002), said point being the point of BEGINNING. SAID LOT CONTAINS 218,586.90 square feet (5.0181 acres) to the Dedicated Right-of-Way. IT BEING Lot No. 4 of the Final Subdivision Plan of 131 Old Stone House Road for Arnold C. and Sandra A. Shaw, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 82, Page 71. BEING PART OF THE SAME PREMISES which Arnold C. Shaw and Sandra A. Shaw, husband and wife, of Cumberland County, Pennsylvania by deed dated February 22, 2001in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 32M, Page 1074, granted and conveyed unto Alan J. Kemery and Carol T. Kemery, husband and wife, Grantors herein. NOW, December ,~? -~ 2002, at the time of and immediately before the execution of the principal contract, and before any authority has been given by said Owners 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 BKD, and the further consideration of One Dollar, to Contractor paid by Owners, 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 persons for any labor, or materials purchased, or extra labor or materials purchase 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, Sealed and Delivered in the presence of Ala~. Kemery Carol T. Kem/ry BK BU8 ILDERS leases, kemery-blank, sal