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Home My WebLink About07-4596Stipulations Against Liens ~Jn tlhe court of ~ornmon ~[eag Qlountp of Continuum Investments, LLC Franklin owner ,Pennsylvania Greenfield Property Development, LLC Docket Number 07- ~59lo MLD Term 2007 Contractor Page Number ~:~I-~v~ '713 i ~ d'~? ~fjereas, Greenfield Property Development, LLC ("Contractor") of 640 Bassett Drive, Chambersburg, PA 17201, has entered into a contract with Continuum Investments, LLC ("Owner") of 640 Bassett Drive, Chambersburg, PA 17201, for the erection or construction of MULTI FAMILY APARTMENT BUILDINGS upon the lot of ground known as Kenneth Avenue, Tax ID#36-33-1869-040, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Continuum Investments, LLC is the title holder of record; and ~~jereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. ,hobo, aCfji~ agreement '~itnegsetfj: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto ~nb this agreement, waiving the right of lien by Contractor, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. £~nb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and m Contractor's name, mark satisfied of record at the cost and expense of the Contractor, any and all claims or claim, liens or lien, filed by or for the Contractor against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Continuum Investments, LLC G..--- John T. Hoover, II ,Member ~ c ,~~- Michael T. Silva, Member Rex Corp. ~~G- ~~f BY: John T. Hoover, III, President AMS Rentals, LLC BY: Michael T. Silva, Sole Member Greenfield Property Development, LLC ~~ BY: John T. Hoover, II, Member File No. PA2007-009 EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land being partially in the Borough of Shippensburg and partially in the Township of Shippensburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin in Brookside Avenue; thence along Brookside Avenue, South 47 degrees 23 minutes 24 seconds East, 81.18 feet to an existing iron pin; thence along the same, South 47 degrees 49 minutes 56 seconds East, 313.50 feet to an iron pin; thence along the same, South 64 degrees 32 minutes 39 seconds East, 22.29 feet to an existing iron pin at corner of lands now or formerly of Acacia Housing Corporation; thence by lands now or formerly of Acacia Housing Corporation, South 43 degrees 23 minutes 30 seconds West; 295.10 feet to an iron pin at a corner of lands now or formerly of Harold E. Cohick; thence along lands now or formerly of Harold E. Cohick, South 42 degrees 35 minutes 22 seconds West, 168.52 feet to an iron pin at a corner of lands now or formerly of Locust Grove Cemetery; thence along lands now or formerly of Locust Grove Cemetery, North 46 degrees 02 minutes 10 seconds West, 317.00 feet to an iron pin; thence along the same, South 43 degrees 57 minutes 50 seconds West, 121.00 feet to a railroad spike at an existing iron pin along a barricaded alley; thence along the barricaded alley, North 45 degrees 27 minutes 02 seconds West, 39.00 feet to an iron pin at a corner of lands now or formerly of David L. Crouse; thence along lands now or formerly of David L. Crouse, North 43 degrees 14 minutes 19 seconds East, 160.00 feet to an iron pin along Kenneth Avenue; thence in and along Kenneth Avenue, North 45 degrees 22 minutes 57 seconds West, 161.00 feet to an iron pin at a corner of lands now or formerly of William J. Elhajj; thence along lands now or formerly of William J. Elhajj, North 44 degrees 42 minutes 03 seconds East, 138.95 feet to an existing iron pin along an existing drive; thence along existing drive, South 49 degrees 00 minutes 13 seconds East, 102.90 feet to an existing iron pin; thence along the same and lands now or formerly of Charles Parker, North 42 degrees 09 minutes 42 seconds East, 259.38 feet, to a point, the place of BEGINNING. CONTAINING 4.66902 acres as shown on a plan of lots for CSR Enterprises prepared by Carl D. Bert ~ Associates, Professional Surveyors & Engineers, dated October 8, 2001, which together with all municipal approvals, is recorded in Cumberland County Plan Book 86, Page 92. ~i .p f- n c ~ Q o -n ~ /~ yep. _ -La i=~ rr!rs.. ~" ~ _ ~ l'a , ~ ~ ~ O ~ _r .. _ ~ W ~ `~~ :^ l l ~ ~ C ~'' ~ ~ -i 60~ (J1 G ~ ~ ' ~ .. ~ a 0