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HomeMy WebLinkAbout03-4886CAMP HILL PRESBYTERIAN CHURCH, Owner -AND- FORTNEY CONSTRUCTION, INC., General Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. STIPULATION AGAINST LIENS WHEREAS, Camp Hill Presbyterian Church ("Owner"), the owner of real estate described below, has executed or is about to execute a contract with Fortney Construction, Inc. (~'Contractor' or "General Contractor") whose principal place of business is located at 6541 Leo Drive, Harrisburg, Pennsylvania 17111, for the construction of certain improvements at 111 North 23rd Street, Camp Hill, Cumberland County, Pennsylvania, as more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and NOW, THEREFORE, this / day o~/~,ff~a4~z~ 2003, before any authority has been given by Owner to Contractor to commence work on such'~'improvements or to purchase materials for same, in consideration of making the Contract between Owner and Contractor, and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the facilities of the Owner or the land above described or any interest of tenant therein by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction or design of such improvements and facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the improvements, facilities and the land above-described, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and others acting through or under them. IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives, have executed this Stipulation Against Liens the day and year above first written. CONTRACTOR: FORTNEY CONSTRUCTION, INC. Name: Richard E. ~ortncy, Title: President OWNER: CAMP HILL PRESBYTERIAN CHURCH Name/Lloyd R. Perstm Title/ President :336240 _1 EXHIBIT "A" Parcel No. 1: Part of Iax Parcel No. 01-21-0271-201 ALL THOSE CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGtFFNING at a point on the street line at the northeast comer of the intersection of Twenty-Third Street formerly Hamilton Street and Walnut Street; thence in an easterly direction along Walnut Street 135.02 feet to a point; thence in a northerly direction parallel to said Twenty-Third Street 121.35 feet to a point at comer of Parcel No. 3 hereinafter described~ thence in a westerly direction along line of said Parcel No. 3 at right angles to Twenty-Third Street, a distance of t35 feet to a poLnt on the street line of Twenty-Third Street; thence along the street line of Twenty-Third Street in a southerly direction a distance of 116.65 feet to a point, the place of BEGI-r-TNING. HAVING thereon erected a stone and brick Church and Church School Building. BEING the same premises which M. M. Bamitz, widow, by Deed dated October 9, 1917, and recorded in the Cumberland County Recorder's Office in Deed Book "N", Volume 8, Page i39, granted and conveyed unto Camp Hill Presbyterian Church. Parcel No. 2: Tract No. 1: Ail of Tax Parcel No. 01-21-0271-382 All those two certain tracts of Iand Situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particu[arly bounded and described as follows, to wit: BE@IN'NING at the point formed by the intersection of the southern tine of Walnut Street wkh the western line of Twenty-Second Street, formerly Cemetery Lane; thence in a southerly direction along the western line of 229.3 feet to a i0 feet wide alley; thence in a westerly direction along the northern line of said alley 104.6 feet to a point formed by the intersection of the northern line of said Alley with the eastern line of a second 10 feet wide alley; thence in a northerly direction along the eastern line of said last mentioned alley 232.5 feet to Walnut Street; thence in an easterly direction along the southern line of Walnut Street 128.2 feet to the point or place of BEGINNING. Tract No. 2: Part of Tax Parcel No. 01-21-0271-201 BEG12N-NING at the point formed by the intersection of the northern line of Walnut Street with the western line of Twenty-Second Street, formerly Cemetery Lane; thence in a nor~cherly direction along the western line of Twenty-Second Street, formerly Cemetery Lane; 222 feet, EXHIBIT "A" EXHIBIT "A" more or tess, to land now or late of Camp Hill Cemetery Association; thence in a westerly direction along said last mentioned lands t57 feet, more or less to a ten feet wide private alley; thence in a southerly direction along the eastern line of said alley 219.5 feet to the point formed by the intersection of the line of said alley with the northern line of Walnut Street; thence in an easterly direction along the northern line of Wainut Street 133.4 feet to the point or place of BEGINNING. HAVING erected thereon a brick Church School Building. TOGETHER with all of the right, title, and interest of the Mortgagor in the aforesaid 10 foot alley, excluding, however, that portion of such alley located along the eastern boundary line of the lot located and known as 115 North Twenty-third Street, Camp Hill, Pennsylvania. THE AFORESAID ten foot wide alley adjoining Parcel No. 2, Tract 2 was vacated by OJdinance No. 549 of the Borough of Camp Hill adopted July 13, I959. Parcel No. 3: Part of Tax Parcel No. 01-21-0271-201 ALL THAT CERTAIN lot of ground fronting Twenty-Third Street, in the Borough of Camp Hill, Cumberland County, Permsylvania, bounded and described as follows, to wit: BEGINNING at a point on the curb iine on the east side of Twenty-Third Street, on the line of intersection of lot, now or late of Mary E. Hawn; thence by and along said intersecting line in an easterly direction 140 feet; thence in a southerly direction parallel to the curb line on said Twenty-Third Street 45 feet to a point; thence in a westerly direction by lands comprising Parcel No. i hereinbefore described, a distance of 140 feet to a point on the curb line on the east side of Twenty-Third Street; thence along said curb line in a northerly direction 45 feet to the point of BEGINNING. TIlE SAID lot having a frontage of 45 feet on said Twenty-Third Street and extending back an even width 140 feet. THE ABOVE lot is improved with a two and one-half story brick dwelling house and necessary outbuildings, known as I 11 Twenty-Third Street, Camp Hill, Pennsylvania. BEING the same premises which William A. Frantz and Margaretta Frantz, his wife, by Deed dated the July 27, 1943, and recorded in the Office aforesaid in Deed Book "S", Volume 12, Page 82, ~anted and conveyed unto Camp Hill Presbyterian Church. EXHIBIT "A"