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HomeMy WebLinkAbout01-06814 .. STIPULATIONS AGAINST LIENS David C Hershberger Owner vs Franklin Builders Contractor WHEREAS, David C Hershberger of 32 Fox Hill Rd, Shippensburg to execute contemporaneously herewith, a contract, with of 5199 Bricker Road, Chambersburg PA for the erection of a Free Stall Barn } } } } } } In the Court of Common Please, County of , Pennsylvania ()1-t11'/~ T~~D Number: , Pennsylvania, is about Franklin Builders building upon a lot of land situate SEE ATTACHED EXHIBIT "A" NOW, November 28th , 2001 ,at the time of and immediately before the execution of the principal contract, and before any authority has been given by the sai David C Hershberger to the said Franklin Builders to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Franklin Builders and the further consideration of One Dollar, to Franklin Builders paid by David C Hershberger , 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 person for any 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. " C-'!,<i'jW>'mIloW__l '~r ) } } } } } } Franklin Builders . ...I ~L~ ,," .. -; ", ALL that certain tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of S.R. 641 (Newville Road) at dividing line of lands now or formerly of Kenneth M. Jankura and the tract herein conveyed; thence along lands now or formerly of Kenneth M. Jankura, South 42 degrees 00 minutes 00 seconds East 825.17 feet to.a point at lands now or formerly of Thomas G. Hammond; thence along lands now or formerly of ThomasG. Hammond, South 30 degrees 00 minutes 00 seconds West 1997.16 fe~t to ~ point at lands now or formerly of WilliamF. Frotscher, Jr.; thence along lands now or formerly of William F. .Frotscher, Jr., North, 59 degrees 45 minutes 00 seconds West 198.83 feet to a point; thence along lands of same, South 68 degrees 45 minutes 00 seconds West .397.32 feet to a point; thence along lands of same and lands now or formerly of Harry W. Pauley, North 42. degrees 45 minutes 00 seconds West 1148.5 feet, more or less, to an iron pin; thence along Lot No.3, as shown on the hereinafter stated subdivision Plan, North 60 degrees 45 minutes 42 seconds East 254.66 feet to a concrete monument at an existing dirt farm lane; thence continuing along Lot No.3, North 22 degrees 48 minutes 50 seconds West 411.15 , feet to a concrete monument; thence continuing along Lot No, 3, North 25 degrees 23 minutes 42 seconds West 273.56 feet~ to a railroad spike in the centerline of S.R. 641 (Newville Road); thence over the centerline .of said public road, South 64 degrees 36 minutes 18 seconds West 336.90 feet to a . railroad ~pike; thence continuirig over said centerline by a curve to the right, having a radius of 2431.07 feet, a chord bearing of South 66 degrees 08 minutes 11 seconds, an arc distance of 129.96 feet to an existing railroad spike at lands now or formerly of Dean E. Fullmer; thence along lands now or formerly of Dean E. Fullmer, North 04 degrees 00 minutes 00 seconds West 1192.49 feet, more or less, to an iron pin at Lot No.4; thence along Lot No.4, North 59 degrees 03 minutes 07 seconds East 149.63 feet to an iron pin; thence continuirig along Lot No.4, North 37 degrees 16 minutes 27 seconds East 241.36 feet to an iron pin; thence continuing along Lot No.4, North 41 degrees 44 minutes 29 seconds East 129.26 feet to an iron pin; thence continuing along Lot No.4, North 33 degrees 06 minutes 47 seconds East 365.43 feet to an iron pin at other lands now or formerly of F. David Heberlig; thence along lands now or formerly of F. David Heberlig, North 66 degrees 06 minutes 25 seconds East ,~~'.,Nr:."", ..", c''''', -',"" _ ~"'.r'l " " - - 1'.,:' ,~TNJ jj'l r" ~- "~..... ... ~~~'\... 177.28 feet to an iron pin at Lot No. 2: thence along Lot NO.2, South 41 degrees 27 minutes 56 seconds East 297.97 feet to an iron pin: thence continuing along Lot No.2, South 51 degrees 48 minutes 32 seconds East 120.50 feet to an iron pin; thence continuing along Lot No.2, South 71 degrees 25 minutes 04 seconds East 223.94 feet to an iron pin: thence continuing along Lot No.2: North 43 degrees 35 minutes 31 seconds East 141.77 feet to an iron pin on the northern right-of-way line of T-374 (Peebles Road): thence along the northern right-of-way line of said public. road, North 85 degrees 49 minutes 53 seconds East.26.61 feet to the property line of Lot ~V': thence continuing along said right-of-way line, North 71 degrees 30 minutes .00 seconds 265.12 feet to a point; thence continuing along said right-of-way line, South 36 degrees 00 minutes 00 seconds East 991.32 feet to a point in the centerline of S.R.641 (Newville Road): thence over the centerline of said public road, North 67 degrees 00 minutes 00 seconds East 194.70' feet to a point, the point and place of BEGINNING. BE1NG all of Lot No. 1 as shown on Subdivision Plan for F. David'Heberlig,datedMarch 5, 1999, and recorded in Cumberland County Plan Book 79, page 3 et seq., and containing 132.09 acres, more or' less. . 'f.~,~",,-,>_,,_,~",'0j"_ .-,~, - * ~ "-J;~:;)1~,gy~~,m~iij1t!i.f <'~'~~hI.1:hoi ,,:"j;\~i(~..5.."'Lq-?'!:l-1k..bfil;;l:i)>:,- _'i\.<0.m,1:;"''&%~';;;"f"-,,,;i.t.\l'r"-'&i~M~th'::,,,--~,,.,-"j: h iliIiI!I _" ~'~';';-"i!ir'k";'--'-' ,,:.,.,-. . .. . . ,," . !-!~. '0 .~~) ~. 'P F~:~ \!:: 'V ~ ~ ~ ~ "V f tf ~) ~ .~ (",; i:: I\:) ~ r:j> ~ ~ <- /13f ~ \j i:J };; ~ '>J:::"'>i! ,ilJ? "'V ' {jiiJ it. ~ ~ (jCl; ij ~:; ~ ~<\.;j '<'" .,- ':,. f::~4 ........... 0-.. - z;:; <' 2; ,"ilii\lI!"JlllU.~"II[ ,Ii _.~,;;I_..l~I,,,~!UIll.," .. ,,_ "-",J~,:__,."4"s_;-)j1,1~ir~",!,~f,.~ f nl;;'"{,,~.,,,,;)I)J,jA~ ~. ._,'~ -~ ~~.,;", , ,.,~.",,: ~~-~ - ,< ' '~:ii\'-- - ~~'" ,~ - .. . ~.,' . .". ~~