HomeMy WebLinkAbout98-06955
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STIPULATION AGAINST LIEN~
THIS AGREEMENT made this tf'/)J... day of IX:.' CE7Jv}13 e;::y<
199B, between CAPITAL SELF STORAGE ASSOCIATES, a Pennsylvania
limited partnership, (hereinafter called Owner), and
KENNETH R. SNYDER, JR. tla KEN SNYDER MASONRY, (hereinafter
called Contractor).
WHEREAS, the parties have entered into a written
agreement for the construction of certain buildings on that
certain parcel of land situate in Hampden Township, Cumberland
County, Pennsylvania known as 5150-5168 East Trind1e Road,
Mechanicsburg, PA and being more fully described on Exhibit
"A", attached hereto and made part hereof; and
WHEREAS, the Contractor has covenanted, promised and
agreed that no mechanics' claims or liens should be entered and
filed against the said parcel of land; and
WHEREAS, it is intended that this agreement be recorded
in the Office of the Prothonotary in Cumberland County,
Pennsylvania within 10 days of the principal contract between
Owner and Contractor.
NOW THIS AGREEMENT WITNESSETH: That Contractor for and,
in consideration of the awarding of the contract by Owner as
aforesaid, as well as the further consideration of One ($1.00)
Dollar to it paid at or before the ensealing and delivery of
these presents, the receipt whereof is hereby acknowledged,
does hereby covenant, promise and agree that no mechanics' lien
or claim or other lien or claim of any kind whatsoever shall be
filed against the said parcel of land, the building or
buildings or the curtilage or curtilages appurtenant thereto,
by Contractor or by any Sub-Contractors, materialmen, and
laborers for work done or materials furnished under said
contract for and about said building'or buildings or any part
thereof, or on credit thereof; and the said Contractor, for
himself and his Sub-Contractors and others under him or them
hereby expressly waive and relinquish the right to have, file
and maintain any mechanics' liens or claims against said land,
the building or curtilage; and that all Sub-Contractors,
materialmen, and laborers on said work shall leok to and hold
Contractor personally liable for all Sub-Contracts, materials
furnished and work and labor done, so that there shall not be
any legal or lawful claim of any kind whatever against Owner
for any work done er labor or materials furnished under said
contract for and about the erection, construction and
completion of said buildings as aforesaid, or under any
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contracts related thereto, or for extra work, or for work
supplemental thereto, or otherwise,
IN WITNESS WHEREOF, the said Contractor and Owner have
caused the foregoing Stipulation Against Liens to be executed as
of the day and year first above written,
Witness
~~I; st.~r.
t I a Ken Snyder Masonry ,
Capital Self Storage Associates
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EXIIIHIT"A"
TRACT NO. I:
ALL THAT CERTAIN piece or parcel of land sitnate in the Township of Ilampden, County of ,
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
I3EGINNING at a point in the center line of the Trindle Road, at comer of land now or fOllnerly of
Lewis D. Shennan, which said point is referenced as being 470 feet, more or less, East of the center
line ofSheciy Lane (L.lt 21069), as measured along the center line of the Trindle Road; thence
extending along the center line of the Trindle Road, North 63 degrees 55 minutes East, 365.80 Jeet to a
point in said center line, at corner orland formerly of Emandar Realty Company and now or formerly
of John G. Pretz; thence along line of said land now or formerly of John G. Pretz and along the line of
land now or formerly of Jnl-way Enterprises, Inc., Gilbert Melvinl3ear and J: W. Gossell, Jr., South 62
degrees 26 minutes East, 115 1.30 feet to a point in the right-of:way line of the Pennsylvania Railroad
Company, now of COlii' ail; thence along the right-of-way line of Con rail, South 74 degrees 47 minutes
Wcst, 743.47 feet to an iron pin at comer oflandsnow or formcrly of Lewis D. Shennan and passing
through an iron pin located 35.3 feet from the center line of the Trindle Road, NOl1h 48 degrees 05
minutes West, 849 feet to a poinlinthe center line of the Trindle Road aforesaid, at the point and place
of I3EGINNING.
Tract No, J is currently known as Tax Parcel III 0-22-525-11.
TRACT NO.2:
ALL THAT CER TAJN tract or lot of land situate in Hampden Township, Cumberland County,
, Pennsylvania, n10re pal1icularly bounded and described as follows, to wit:
I3EGINNING III a point on the southeasterly right-of-way line of Trindle Road (L. It 507) at its
intersection with the northeasterly right-of-way line of Cumberland Valley Branch of the Penn Central
Transp0l1ation Company; thence along the southeasterly line of Trindle Road, NOJ1h 63 degrees 43
minutes East, a distance of 157.33 feet to a point at line oflands now or formerly ofGill3ear; thence
along said lastl11entioned lands, South 25 degrees 02 minutes East, a distance 01'210 feet to a point in
said right-of-way line of the Cumberland Valley Branch of the Penn Central Transpol1ation Company;
thence along said line N0I1h 62 degrees 19 minutes 15 seconds West, a distance 01'259.63 feet to a
point, the place of BEGINNING.
Tract No.2 is cun'ently known as Tax Parcel 1110-22-525-12.
TRACT NO. I AND TRACT NO.2 BEING the same premises which Re:lhn Limited Pal1nership No.
I, aIkIa Realm Limited Par1nershiplll and a/k/a RealmLimited l'al1nership. a Pennsylvania limited
pal1nership and Realm It R. Avenul', a Pennsylvania general p:u1nership, by their deed dated July 16,
, J 998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania
in Record Book 182. page 143, granted :lnd conveyed unto Capital SelfStl'rage Associates. a
Pennsylvania limited pal1nership. Gmntol' herein.
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