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HomeMy WebLinkAbout03-6094WEST SHORE EVANGELICAL FREE CHURCH Owner PYRAMID CONSTRUCTION SERVICES, 1NC. Construction Manager MODERNFOLD OF LEWISTOWN Contractor RECEIVED ...~. cONS7 RUc~'!~)i¥ pYRAMiD SERVICEd IN THE COURT OF COMMON PLEAS Cumberland County, Pennsylvania STIPULATION AGAINST LIENS WHEREAS, West Shore Evangelical Free Church, a Pennsylvania not-for-profit corporation, of Cumberland County, Pennsylvania (The "Owner"), has executed or is about to execute contemporaneously herewith a contract with Pyramid Construction Services, Inc., a Pennsylvania corporation, with offices at 4425 Valley Road, Enola, Pennsylvania 17025 (the "Construction Manager"), for a one and two story building and improvements thereon (the "Improvements") on property known and numbered as 354 Stumpstown Road, Monroe Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). WHEREAS, Pyramid Construction Services, Inc., a Pennsylvania for-profit corporation, of Cumberland County, Pennsylvania (the "Construction Manager"), has executed or is about to execute contemporaneously herewith a contract with Modernfold of Lewistown, a Pennsylvania corporation, with offices at 373 Summit Drive, Lewistown, PA (the "Contractor"), for a one and two story building and improvements thereon (the "Improvements") on property known and numbered as 354 Stumpstown Road, Monroe Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, /~/ / ,~ ,2003, before any authority has been given by the Construction Manager to the Contractor to commence work on the Improvements, or to purchase materials for same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or material men, in consideration of the making of said contract with the Construction Manager and the further consideration of One ($1.00) Dollar to Contractor paid by Construction Manager, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or 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 Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Construction Manager and Contractor have executed this Stipulation Against Liens the day and year first above written. ATTEST: CONSTRUCTION MANAGER: PYRAMID CONSTRUCTION SERVICES, INC. (Corporate Seal) Authorized Signature Name: Title: ATTEST: (Asst.)*-~ (Corporate Seal) CONTRACTOR: MODERNFOLD OF LEWISTO~,2{ Nmne: RON.~,LD M. NATTRE$$ Title: PRF$1DFNT EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Monroe and Upper Alien Townships, Cumberland County, Pennsylvania as described on a survey prepared by J. Michael Brill, Project #864-A, dated July 13, 2000 more particularly set forth, as follows: BEGINNING AT A POINT located on the northwest property corner of the Magaro Farm, said point being referenced from the centerline intersection of Williams Grove Road (S.R. 2011), having a right-of-way width of sixty (60) feet, and Stoner Road (%565) the following courses and distances: 1. South 01 degrees 17 minutes 17 seconds East a distance of 188.24 feet to a point; North 88 degrees 42 minutes 43 seconds East a distance of 30.00 feet to a point, said point being the true point of beginning; thence along existing Lots #10 - 15 of Plan of John - Mar Acres North 67 degrees 00 minutes 00 seconds East a distance of 1,280.30 feet to a point; thence along existing Lots #15 - 16 & 19 of Monroe Meadows North 67 degrees 20 minutes 37 seconds East a distance of 731.48 feet to a point; thence along the centedine of Stumpstown Road (%570), having a variable width right-of-way, the following courses and distances: South 21 degrees 34 minutes 42 seconds East a distance of 97.06 feet to a point; Along a curve to the left having a radius of 214.62 feet and an arc length of 117.01 feet, said arc having a chord bearing of South 37 degrees 11 minutes 51 seconds East and a chord length of 115.57 feet, to a point; 3. South 52 degrees 49 minutes 01 seconds East a distance of 970.46 feet to a point; Along a curve to the left having a radius of 584.38 feet and an arc length of 137.47 feet, said arc having a chord bearing of South 59 degrees 33 minutes 21 seconds East and a chord length of 137.15 feet, to a point; 5. South 66 degrees 17 minutes 42 seconds East a distance of 381.80 feet to a point; thence along the property line of George & Judith Henry and Paul & Paul Il Brennaman South 49 degrees 44 minutes 52 seconds West a distance of 887.19 feet to a point; thence along the property line of Paul & ~aUl Ii Br~nnaman South 51 degrees 45 minutes 08 secend~ East a distance of 681.62 feet to a point; thence along existing Lots #44 - 48 of Plan of Creekstone Manor South 51 degrees 17 minutes 16 seconds West a distance of 571.26 feet to a point; thence along existing Lot #1 of Ashcombe Farms North 51 degrees 31 minutes 54 seconds West a distance of 987.77 feet to a point; thence along existing Lots #84 & #107 - 120 of Plan of Monroe Acres, Section "C" the following courses and distances: 1. North 52 degrees 00 minutes 51 seconds West a distance of 672,73 feet to a point; 2. South 54 degrees 16 minutes 47 seconds West a distance of 1,305.70 feet to a point; thence along the property line of William & Patricia Suchocki North 25 degrees 56 minutes 44 seconds West a distance of 150.00 feet to a point; thence along the property line of Paul E. Clepper the following courses and distances: 1. North 01 degrees 08 minutes 44 seconds West a distance of 235.00 feet to a point; 2. South 88 degrees 51 minutes 16 seconds West a distance of 157.71 feet to a point; thence along the eastern right-of-way line of Williams Grove Road North 01 degrees 17 minutes 17 seconds West a distance of 929.64 feet to a point, said point being the true POINT OF BEGINNING, FOR INFORMATION ONLY: Being known as 354 Stumpstown Road TAX PARCEL NO. 22-11-0278-010