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HomeMy WebLinkAbout98-06355 :,'" '. ~ ' ~. ,t '} .~~ i.:ti P- ., '" 1~! j ~! ,. . it.., tJ.i' Go ,1 ~',,- fJl.( IJ '0_ STIPULATION AGAINST LIENS THIS AGREEMENT made this by and between Follmer 4TH dayof NOVEMIlEH , 1998 Excavating, Inc. hereinafter called the Contractor, AND Rossmoyne Condominium Partners a Partnership hereinafter called the Owner, WITNESSETH THAT: The Contractor by Instrument daled Novemb'e r 4 . 1998 enlered Into an Agreement with the Owner for the erection and construction of a ,sftuatedon Lot E-l-1, Rossmoyne Industrial Park, Upper iiRIi l.gwer Allen Townships, Cumberland County, Pennsylvania AND WHEREAS, the Contractor has covenanted and agreed therein to enter Into an additional agreement with the Owner stipulating that no lien or liens of any kind shall be filed against the above building or the appurtenances thereto, NOW, THIS AGREEMENT WITNESSETH, that the Contractor, for and in consideration of the awarding to him of the said conlract as for the sum of ONE DOLLAR ($1.00) to him in hand paid by the Owner, the receipt of which is hereby acknowledged, promises and agrees that no Mechanic's Lien or liens shall be filed against the aforesaid building or the appurtenances thereto by any subcontractor, subcontractors, materialmen, mechanics, laborers or anyone for materials furnished, work done or services rendered of any kind whatsoever, for or about, or on account of the aforesaid building or on the credit thereof, IN WITNESS WHEREOF, the said parties hereunto set their hands and seals the day and year aforesaid, ,- WITN\ESS: ~ ~( , '- / MnA. 0),/4.11'- C/' (S:::'<l.L) nc. (SEAL) / OWNER: - /l-~ I ~ '" ossmoyne on tllU/~ (SEAL) BXHIBIT "A" ALL THAT CERTAIN ~ract or lot of land siutate in Upper Allen Township, Cumberland County, pennsylvania, being Lot E-1-1 shown in a preliminary/Final subdivision Plan of existing Lot E-1 in "Rossmoyne Industrial Park" prepared for Rossmoyne Condominium Partners by J. Michale Brill & Associates, Inc., the Plan being recorded in Cumberland county in Plan Book 75, Page 88, said Lot bounded and described as follows: BEGINNING at a point on the southern right of way line of Ritter Road and at the corner of Lot No. E-1-2 as shown on the aforementioned Plan; thence along Lot No. E-1-2 South 38 degrees 09 minutes 37 seconds East a distance of 252.00 feet to a point at Lot No. E-1-3i thence along Lot No. E-1-3 South 51 degrees 50 minutes 23 seconds West a distance of 296.33 teet to a point on the eastern right of way line of Clark street; thence along Clark Street North 38 degrees 09 minutes 37 seconds West a distance of 209.00 feet to a point; thence continuing along Clark street by a curve to the right having a radius of 43.00 feet and arc distance of 67.54 feet to a point on the southern right of way line of Ritter Road; thence along the southern right of way line of Ritter Road, North 51 degrees 50 minutes 23 seconds East, a distance of 253.33 feet to a point at the corner of Lot No. E-1-2, the point and place of BEGINNING. SAID lot containing 74,278.35 square feet or 1.71 acres. UNDER AND SUBJECT to existing covenants, easements, restrictions, and right of way of record and to any electric and communication lines visible above the surface. BEING PART OF THE SAME PREMISES which Smith Land & Improvement corporation and L.B. Smith Estates, Inc., by their deed dated July 19, 1990, and recorded in the Office of the Recorder of Deeds of Cumberland county in Deed Book R-34, Page 528, granted and conveyed unto Rossmoyne condominium Partners, Mortgagor herein. - , '.) l :~. .' , ., , :,1 ~ .. c- ~ r f.I:I~ ~ ~ C' --lo. \>l " '\ 1,,-<: ~ (;J \"