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HomeMy WebLinkAbout98-02436 9J'd((3(p ttt D WAIVER OF RIGHT TO FILE MECHANICS' LIENS WHEREAS, DAVID R. HOCKENBERRY, II, Owner, of 240 Oak Flat Road, Newville, PA 17241, entered into a contract with E. E. Kough Sons, P.O. Box 134, Newville, PA 17241, to provide excavation in regard to the construction of storage sheds upon a tract of land situate in West Pennsboro Township, cumberland County, Pennsylvania, more particularly bounded and described as follows I SEE ATTACHED EXHIBIT "A" NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract: and for the consideration therein set forth, that neither the undersigned Contractor, any Bubcontractor or material man, nor any other person furnishing labor or materials to the said Contractor under his contract, shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building, improvements or any part thereof. THIS STIPULATION is made and intended to be fHed with the Cumberland County Prothonotary within ten (10) days after date, in accordance with the requirements of Act of Assembly of Pennsylvania, in such case provided. IN WITNESS WHEREOF, the said parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals this ~1~al of 1, 199B. .-> '"" Witness Witness I ;L~i ~ jall1/k1i.. tJ; David R. ~rry, II [SEAL] OWNER E. E. Kough Sons By 1_/ !;..../ ~ I~ 1, E.,I It'"j/.,I f,,~fl'{'f CONTRACTOR . BXHIBIT "A" WAIVBR OF RIGHT TO FILE MECHANICS' LIENS David R. Hookenberry, II, Owner and E. E. Kough Son., Contraotor ALL. that certain tract of land situate in West pennsboro Township, Cumberland County, Pennsylvania, designated as Lot No. 1 on the Final Subdivision Plan for Charles J. Heckendorn, dated April 22, 19B? and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, Page 12, being more particulady described in accordance with a survey draft prepared by Fisher Mowery Rosendale and Associates, Inc., dated April 9, 199B, as follows: BEGINNING at an iron pin on the Southern side of Oak Flat Road (T-353) at the Northwest corner of land now or formerly of Harry Heishman; thence along said land now or formerly of Harry Heishman South 06 degrees 30 minutes East 961.95 feet to a point; thence along the same SOllth B5 degrees 45 minutes West 425.70 feet to a point; thence along the same SOllth 05 degrees East 7B2.10 feet to a point in line of lands now or formerly of William Miller; thence by said land now or formerly of William Miller North 62 degrees West 867.90 feet to a point; thence by the same South 57 degrees 30 minutes West 49.50 feet to a point at the Southeast corner of other lands now or formerly of Charles J. Heckendorn; thence along said other lands now or formerly of Charles J. Heckendorn North 06 degrees West 1,289.75 feet to a point in the center line of Oak Flat Road (T-353) at the Southwest corner of Lot No. 6 on the Final Subdivision Plan for Charles J. Heckendorn dated September 19, 1986 and recorded in Plan Book 51, Page 73; thence by the center line of said Road and said Lot No. 6 North 86 degrees 19 minutes 52 seconds East 154.89 feet to a point; thence by the same North 85 degrees 37 minutes 35 seconds East 5.00 feet to a railroad spike at the Southwest corner of Lot No. 4 on the Preliminary Final Subdivision for Charles J. Heckendorn dated June 27, 1986 and recorded in Plan Book 53, Page 148; thence by said road and said Lot No.4 North 85 degrees 37 minutes 35 seconds East 150.00 feet to a P.K. Nail at the Southwest corner of Lot No.3 on the Subdivision Plan for Charles J. Heckendorn dated November 15, 1985 and recorded in Cumberland County Plan Book 49, Page 70; thence by said center line and said Lot No. 3 North 85 degrees 37 minutes 35 seconds East 150.00 feet to a P.K. Nail at the Southwest corner of Lot No. 7 on the Final Subdivision Plan for Charles J. Heckendorn dated April 22, 1987 and recorded in Plan Book 53, Page 12; thence by said center line and said Lot No.7 North 85 degrees 37 minutes 35 seconds East 545,03 feet to a point in said center line; thence through said public road North 83 degrees 29 minutes 43 seconds East 192.60 feet to an iron pin on the Southern side of said Oak Flat Road in line of lands now or formerly of Harry Heishman, the Place of Beginning. . ,. '. 'l