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HomeMy WebLinkAbout00-07114 . ~ ,-~~ ""-- on, ';-,' " ~I __~,,'.' __~" '-;0,':";;';";, ,'b' h", .. ,,':C~-',,: - - "'dit1.re\ca'cc.stp September 1 , 2000 < STIPULATION AGAINST LIENS CAPITAL AREA CHRISTIAN CHURCH, Owner v. :IN THE COURT OF COMMON PLEAS :CUMBERLAND CO., PENNSYLVANIA :NO. (J-(). 711'1 fl1 L f) J tL->- ARTHUR FUNK & SONS, Contractor WHEREAS, CAPITAL AREA CHRISTIAN CHURCH, of 1825 Good Hope Road, Enola, Pelll1sylvania 17025, is about to execute contemporaneously herewith, a contract, with ARTHUR FUNK & SONS of 1405 Birch Road, Lebanon, Pennsylvania 17042, for the erection of a building upon premises consisting of approximately 53 acres along Lambs Gap Road partly in Silver Spring Township and Hampden Township, Cumberland County, Pelll1sylvania, as set forth in the deed dated October 3, 1996, and recorded October 11, 1996, in Deed Book 147, Page 454, in the Recorder's Office for Cumberland Connty, Pelll1sylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto, NOW, September '2. C{ ,2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner 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 Contractor and the further consideration of One Dollar ($1,00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased 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 AND SEALED IN THE PRESENCE OF CONTRACTOR: ARTHUR FUNK & SONS IkEs. ~-L~ <-- -::-- -By: ~1'~~ I OWNER: CAPITAL AREA CHRISTIAN CHURCH By: (l /1t9/~ ", >-,>' -,,-,-' ^" -, ,,~ :-'o,';::,:'ij ,~ ',f.'".- "'_"'-'--'jl I , dlblrelciicc,stp September ~, 2000 . ' .J ... EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate partly in the Township of Hampden and partly in the Township of Silver Spring, County of Cumberland, Commonwealth of PeIlllsylvania, more particularly bounded and described in accordance with a survey prepared by Robert J. Fisher, P.L.S" P.E" dated July 30, 1990, as follows, to wit: BEGINNING at a point at the intersection of the western right-of,way line of Lambs Gap Road and the northern side of the right-of-way line of the South Bound Lane of Interstate Route 81; thence along the said right, of-way line of Interstate Route 81, the following courses and distances: South 78 degrees 59 minutes 12 seconds West, 243.51 feet to a point; thence South 81 degrees 58 minutes 56 seconds West, 601.33 feet to a point; thence South 63 degrees 14 minutes 12 seconds West, 310.48 feet to a point; thence South 84 degrees 41 minutes 16 seconds West, 352.28 feet to a point; thence South 76 degrees 15 minutes 32 seconds West, 140.72 feet to a point at the line of lands now or formerly of Stephen p, Cremo and AIIIlette M. Cremo, his wife; thence along said lands and lands now or formerly of Walter E, Basehore and Nellie D. Basehore, his wife, North 17 degrees 36 minutes 41 seconds West, 1271.29 feet to a point at line of lands now or formerly of Oliver Rosenberg and Mary E, Morrow; thence along the line of said lands, North 76 degrees 13 minutes 17 seconds East, 533,87 feet to a point; thence along the same, North 75 degrees 26 minutes 41 seconds East, 714.58 feet to an iron pin at the line of lands now or formerly of Thomas B, Read and Geraldine M. Read, his wife; thence along the same, South 14 degrees 33 minutes 19 seconds East, 325,00 feet to a point; thence continuing along the same and lands of others, North 75 degrees 29 minutes 15 seconds East, 200.00 feet to a point; thence North 14 degrees 28 minutes 31 seconds West, 0.75 feet to a point; thence North 74 degrees 58 minutes 29 seconds East, 602.91 feet to a point; thence North 36 degrees 53 minutes 29 seconds East, 289,07 feet to a point at the southern side of Hunter's Drive; thence along the southern side of Hunter's Drive, South 53 degrees 06 minutes 31 seconds East, 155,29 feet to a point; thence by a curve to the right having a radius of 25,00 feet and an arc length of 33.10 feet to a point at the western right-of-way line of Lambs Gap Road; thence along the western right-of-way line of Lambs Gap Road, the following courses and distances: South 22 degrees 44 minutes 41 seconds West, 154,00 feet to a point; thence South 29 degrees 12 minutes 41 seconds West, 110,29 feet to a point; thence South 25 degrees 01 minutes 41 seconds West, 102.32 feet to a point; thence South 20 degrees 19 minutes 48 seconds West, 37.82 feet to a point; thence North 69 degrees 02 minutes 19 seconds West, 20.00 feet to a point; thence South 21 degrees 09 minutes 46 seconds West, 188,15 feet to a point; thence by a curve to the left, having a radius of 1482.39 feet and an arc length of 217,91 feet to a point; thence South 11 degrees 19 minutes 35 seconds West, 207.75 feet to a point; thence South 07 degrees 06 minutes 42 seconds West, 237.99 feet to a point at the northern right-of-way line of the South Bound Lane of Interstate Route 81, the point and place of BEGINNING, CONTAINING approximately 53.23 acres, according to the above mentioned Survey, of which 24,04 acres are in Hampden Township and 29.19 acres are in Silver Spring Township, BEING PART OF THE SAME PREMISES which Walter E. Basehore and Nellie D, Basehore, his wife, granted and conveyed unto Joseph J, Cignetto and Jean L Cignetto, his wife, by deed dated June 8, 1960, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W, Volume 19, Page 211. Also being a part of Tract No, 1, which Allen W, Bittner, by his deed dated October 22, 1979, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book S, Volume 28, Page 406, granted and conveyed unto Joseph J. Cignetto and Jean L Cignetto, his wife. The said Joseph J, Cignetto having died on May 3, 1987 and title to the premises became vested solely in his wife, Jean L Cignetto, by her right of survivorship,