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HomeMy WebLinkAbout99-04160STIPULATION AGAINST LIENS RALPH C. THOMAS d/b/a THOMAS CONSTRUCTION ASSOCIATES, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. Cjq_ 41(SC) f'1 U7 V. RICHARD C. THOMAS d/b/a THOMAS CONSTRUCTION, Contractor WHEREAS, RALPH C. THOMAS d/b/a THOAMS CONSTRUCTION ASSOCIA'T'ES of 155 Ken-Lin Drive, Carlisle, Pennsylvania, is about to execute contemporaneously herewith, a contract, with RICHARD C. THOMAS d/b/a/ THOAMS CONSTRUCTION of 135 Ken-Lin Drive, Cnrlisle, Pennsylvania, for the erection of a building upon premises commonly known its LOT 59 IIINIIIIURST, TOWNSHIP OF HAMPDEN MECHANICSBURG, CUMBERLAND County, Pennsylvania, as set forth in the deed dated June 13, 1939, recorded at Deed Book 1,,-35 page 110 , lit the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, JULY 7, 1999, at the time of and immediately before the execution of (he principal contract, and before any authority has been given by the said Owner to (he said Contractor to wnunence 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 ($I ,OO), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or fifty subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or nuterbuls purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid, CONTRACTOR: RICHARD C. TIIOMA$ D/B/A TIIOMAS C. 'I'1}6N(AS D/B/ Tli C'1'ION ASSOCIATES SIGNED AND SEALED IN THE PRESENCE OF EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 59 as shown on a plan entitled Phase I Final Subdivision Plan of Pinehurst, dated September 1988, recorded at Plan Book 57, Page 70, Cumberland County Records, revised by a plan entitled Final Resubdivision Plan of Pinehurst - Phase I, dated April 1989, and recorded at Plan Book 58, Page 59, Cumberland County Records, more particularly bounded and described as follows, to wit: BEGINNING at a point on thep Easterly sideline of Silver Pine Circle, a fifty foot (50') public right-of-way at the dividing line between Lot No. 58 and Lot No. 59 as shown on ea id Plan; thence by Lot No. 58 South thirty-eight degrees twenty-one minutes thirteen' seconds East (S 38°21'13" E), a distance of one hundred fifty-five feet (155.00') to a point; thence by Lot No. 57 as shown on said plan, South eighty-nine degrees thirty-seven minutes forty-four seconds East (S 89°37'44" E), a distance of eighty-seven and forty-seven.one hundredths feet (87.47') to a point; thence by Lot No. 56 as shown on said plan North ••eventeen degrees twenty-nine minutes forty-nine seconds East (N 17°29'49" E), a distance of one hundred ninety-three and thirteen one hundredths feet (193.13') to a point on the Southerly sideline of Pinehurst Way, a fifty foot public right-of-way; thence by Pinehurst Way by the arc of a curve to the right having a radius of two hundred twenty-five feet (225.00'), an arc length of eighty-eight and eighty one hundredths feet (88.80') to &,point;.,thence by the same and Silver Pine Circle by the arc of a curve to the left,having a radius of twenty-five feet (25.00'), an arc 'length.of thirty-four and twenty-four one hundredths feet (34.24') to a point; thence by Silver Pine Circle South fifty-one degrees thirty-eight minutes forty-seven seconds West (S 51°38'47" W), a distance of one hundred sixty-nine and thirty-two one hun- dredths feet. (169.32') tp a point, the place of BEGIMTING. CONTAINING 34,840.40 square feet and being known and numbered as 5605 Pinehurst Way or 1807 Silver Pine Circle. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989 and recorded October 5, 1989 in Cumberland County Miscellaneous Book 370, Page 86. d' c ? cx, O 9 s? 00 00 CZ