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HomeMy WebLinkAbout04-0367Stipulations Against Liens Jewel's Realestate, LTD Partnership ~n the ~;ourt of ~ommon ~lea~ t~ountp of Cumberland doll~ _~ff_~ ~ /~f ~ , Pennsylvania Eastern Development and Design, Inc. Contractor ~l~grea,;, Eastern Development and Design, Inc. ('Contractor") of PO Box 163, Red Lion, PA, 17356 has entered into a contract with Jewel's Realestate, LTD Partnership ("Owner") of PO Box 163, Red Lion, PA, 17356 for work upon the lot of ground known as Parcels 16, 17, 18 & 19,, South Middleton Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Jewel's Realestate, LTD Partnership is the title holder of record; and ~ O/r~ ~ ~ ~l)trea,;, 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 or by Contractor to any subcontractor 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. RoW, ~:l~is A~reement ~itne~setB: 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 and any and all subcontractors, materialmen, laborers and parties acting for, through or under 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 by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~rlb this agreement, waiving the right of lien by anyone, 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. ~lll~, 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 or anyone acting under or through Contractor in violation of the foregoing covenant, 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 in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: J~~~,~LTD Partnership, by Shah Mathias General Partner Mathias, President EX ~l'l uIT A ALL THAT CERTAIN piece, parcel, or tract of land being situated in the Township of South Middleton, County of Cumberland, State of Pennsylvania, being, more fully bounded and described as follows to wit: BEGINNING on the steel rebar and southeastern most property comer of land now or formerly owned by Philip D. and Tama M. Carey, D.B. 33-Q, Page 423, P.B. 47, Page 110. Thence along various owners north 2 degrees 7 minutes 57 seconds west a distance of 907.86 feet to a steel rebar marker. Thence along Ralph C. Otto Estate north 84 degrees 52 minutes 3 seconds east a distance of 1819.80 feet to a point. Thence north 13 degrees 35 minutes 6 seconds east a distance of 360.76 feet to a point. Thence along Lisbum Road (T-511) south 75 degrees 9 minutes 1 second east a distance of 313.82 feet to a point. Thence south 70 degrees 11 minutes 35 seconds east a distance of 600.04 feet to a point. Thence along Ivo Otto and C. Ross Kell south 1 degree 57 minutes 44 seconds east a distance of 1978.04 feet to a steel rebar pin. Thence south 1 degree 57 minutes 44 seconds east a distance of 1621.49 feet to a point. Thence along York Road (SR0074) north 58 degrees 54 minutes 15 seconds west a distance of 3480.08 feet to a point. Thence along Fairv/ew Street (T-512) north 2 degrees 7 minutes 57 seconds west a distance of 657.99 feet to a point. Thence along Phillip D. Carey north 87 degrees 52 minutes 03 seconds East a distance of 150.00 feet to the Point of Beginning. SAID PREMISES BEING LESS, HOWEVER, a tract of land twenty (20) feet in width along the eastern line therenf extending northwardly from Pa. Rt. 74 a distance of 1,386 feet, more or less, to land oflvo V. Otto, Jr., together with the right to use said strip of land in common with Ralph C. Otto, his heirs, successors, and assigns, for ingress, egress, and regress to and from the within premises and Pa. Rt. 74. The cost of maintenance thereof to be borne equally by the users thereof. BEING part of the same premises which Carl B. Stoner by Deed dated 06/03/92 and recorded 06/09/92 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 35~S Page 288 granted and conveyed unto Ralph C. Otto. The said Ralph C. Otto died 03/07/96 whereby letters testamentary were granted to Michael Guy filed to No. 21- 96-245. ALL THAT CERTAIN piece, parcel, or tract of land being situated in the Township of South Middleton, County of Cumberland, State of Pennsylvania, being, more fully bounded and described as follows to wit: BEGINNING on the steel rebar and northeastern most property comer of land now or formerly owned by Joel B. and Patrieia A. Frownfelter, D.B. 35-X, Page 658, P.B. 47, Page 110. Thence north 84 degrees 52 minutes 3 seconds east a distance of 924.88 feet to a point, this being the Point of Beginning. Thence along Ralph C. Otto Estate north $ degrees 7 minutes 57 seconds west a distance of 476.96 feet to a point. Thence north 20 degrees 43 minutes 8 seconds east a distance of 214.19 feet to a point. Thence along Lisburn Road (T-511) south 73 degrees 57 minutes 3 seconds east a distance of 974.95 feet to a point. Thence along Ralph C. Otto Estate south 13 degrees 35 minutes 6 seconds west a distance of 335.17 feet to a point. Thence south 84 degrees 52 minutes 3 seconds west a distance of 894.92 feet to the Point of Begirming. Continued Title No. YCRC-1774 SCHEDULE C (continued) ALL THAT CERTAIN piece, parcel, or tract of land being situated in the Township of South Middleton, County of Cumberland, State of Pennsylvania, being, more fully bounded and described as follows to wit: BEGINNING on the steel rebar and northeastern most property comer of land now or formerly owned by Joel B. and Patricia A. Frownfelter, D.B. 35-X, Page 658, P.B. 47, Page 110. Thence south 84 degrees 52 minutes 3 seconds west a distance of 125.7 feet to a point. Thence along Fairview Street (T-512) north 2 degrees 44 minutes 57 seconds west a distance of 610.12 feet to a point. '12aence north 4 degrees 54 minutes 57 secnnds west a distance of 250.00 feet to a point. Thence along Ralph C. Otto Estate north 85 degrees 5 minutes 3 seconds east a distance of 264.89 feet to a point. Thence north 21 degrees 25 minutes 3 seconds east a distance of 203.80 feet to a point. Thence along Lisbum Road (T-S1 l) south 68 degrees 39 minutes 40 seconds east a distance of 435.45 feet to a point. Thence along Danny V. Swearinger south 19 degrees 38 minutes 13 seconds west a distance of 362.80 feet to a point. Thence south 70 degrees 21 minutes 47 seconds east a distance of 428.05 feet to a point. Thence north 6 degrees 12 minutes 52 seconds West a distance of 153.06 feet to a point. Thence north 19 degrees 38 minutes 13 seconds east a distance of 216.71 feet to a point. Thence along Lisbum Road (T-511) south 73 degrees 57 minutes 3 seconds east a distance of 50.16 feet to a point. Thence along Ralph C. Otto Estate south 20 degrees 43 minutes 8 seconds west a distance of 214.19 feet to a point. Thence south 5 degrees 7 minutes 57 seconds east a distance of 476.96 feet to a point. Thence south 84 degrees 52 minutes 3 seconds west a distance of 924.88 feet to the Point of Begirming. TRACT 4: ALL THAT CERTAIN piece, parcel, or tract of land being situated in the Township of South Middleton, County of Cumberland, State of Pennsylvania, being, more fully bounded and described as follows to wit: BEGINNING on the steel rebar and northeastern most property comer of land now or formerly owned by Joel B. and Patricia A. Frownfelter, D.B. 35-X, Page 658, P.B. 47, Page 110. Thence south 84 degrees 52 minutes 03 seconds west a distance of 125.17 feet to a point. Thence north 2 degrees 44 minutes 57 seconds west a distance of 610.12 feet to a point. Thence north 4 degrees 54 minutes 57 seconds west a distance of 250.00 feet to a point, this being the Point of Begirming. Thence along Fairview Street (T-512) north 4 degrees 54 minutes 57 seconds west a distance of 45.65 feet to a point. Thence north 5 degrees 32 m'mutes 37 seconds west a distance of 313.97 feet to a point. Thence along Lisburn Road (T-511) south 68 degrees 39 minutes 40 seconds east a distance of 400.00 feet to a point. Thence along Ralph C. Otto Estate south 21 degrees 25 minutes 3 seconds west a distance of 203.80 feet to a point. Thence south 85 degrees 5 minutes 3 seconds west a distance of 264.89 feet to the Point of Beginning. BEING PART OF the same premises which Court of Common Pleas by Order dated 04/03/78 and recorded 04/05/78 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 27-S Page 476 awarded unto Ralph C. Otto. The said Ralph C. Otto died 03/07/96, whereby letters testamentary were granted to Michael Guy filed to No. 21- 96-245.