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HomeMy WebLinkAbout08-4868~~ J~al 2~, 08 03:47p Beauchat a Beauchat, LLC 717-334-2399 p.2 o$ - y8~s M~c~ STIPULATION AGAINST MECHANIC'S LIENS ii22 U6v5T ~°~ WHEREAS, on the 1> day of , an agreement was entered into by Knisely Land Sculpting, Inc., a Pennsylvania corporation with an business address of 3 822 Pamay Drive, Mechanicsburg, Pennsylvania 17055 (hereinafter "Owner"), and Miller & Norford, Inc., a Pennsylvania corporation with a business address of 700 Ayers Avenue, Lemoyne, Pennsylvania 17043 (hereinafter "Contractor"} wherein and whereby Contractor proposed to construct an office and warehouse as set forth in the plans of Willigerod & Mac Avoy Architect, P.C. in connection with the Knisely Garden Center project according to the terms of said plans upon all that certain lot of real estate titled in the names of James G. Knisely and Cazoline L. Knisely, husband and wife, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particulazly described in a deed dated June 21, 2004, and recorded in Cumberland County Record Book 263 at pages 3488 through 3490, a copy of which is marked as Exhibit A; attached hereto and made a gait hereof. NOW, THEREFORE, THE PARTIES INTENDING TO BE LEGALLY BOUND, REACHED THIS AGREEMENT: WITNESSETH, that Contractor, for and in consideration of the sum of One Dollar ($1.00) in hand paid to it by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the aforesaid agreement, for itself, its subcontractors and all parties acting through or under it, covenants and agrees that no mechanic's lien or liens shall be filed or maintained by it, them or any of them against the said improvements and the tract of land appurtenant thereto, to, for, or on account of any work and materials furnished by it, them or any of them under said contract, or otherwise, for, towards, in or about the construction of the said improvements, and Contractor, for itself, its subcontractors and others under it, hereby expressly waives and relinquishes the right to have, file or maintain any mechanic's lien or claim against the said improvements and tract of land appurtenant thereto and agrees that this agreement, waiving the right of lien, shall be an independent covenant. 7~~fIST~$ WITNESS our hands and seals this ~ day of 31~- Witness: 1 ~ w~_ O R: i a~ ~i3 ~~~ I~ Jam G. Knisely, O er C~e~ [. _ ~ ~ ~/3 ~/D ~ Caroline L. Knisely, O er Attest: CONTRACTOR: Mi er & Nor rd, Inc., Con or ay: (~Yav~ ~, S~1vQ9~~ Title: ~f~°-S~~ ~ -'- L- THIS DEED. Made the ~ ~~day of June, 2004, BETWEENTFAE K. MASI_OWSHI and ~'Oi ~dA~~( and wife, of Cumberland C+~,g1? e~.~vaa~~ k, designated as the GRANTORS, AND s c= N tom? __. :_ _, - _ -. ~--~ z ~-~` ---~ JAMES G. I~IISELY and CAROLINE L. K1vISELY, husband and wife, of Cumberland County, Pennsylvania, Parties of the Second Part, hereinafter designated as the GRANTEES. WITNESSETH, that the Grantors for and in consideration of TWO HUNDRED TWEN'T'Y-FIVE THOUSAND FIVE HUNDRED and 00!100 ($225,000.00) Dollars ,lawful money of the United States of America, to the Grantors in handwell and trulypaid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby aclmowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever. ALL THAT CERTAIN. -tract of land situate in East Pe~sb~c~ao T Cumberland, Pen~yh=s~a,'~.~g k?w~ .~ ~"',~ ~. 'i Lots 2 and 4 for Lands of Hempt Brothers; Inc. - Routes ~~ $~u ,~ ., :.- . _ < .: ~,_ r ~ .: Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania inPlan Boo~S'~, 144 and also !mown as Lot No. 2 on the plan titled "Declaration to Release, Terminate and Extinguish an Easement on Lots 2 and 4 Owned by Kenneth R Snyder, Jr. and Debra D. Snyder", prepared by Brehm-Lebo Engineering, Inc., dated October 22, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania inRight-of-Way Plan Book 12, Page 38, being more particularly bounded and described as follows, to wit: BEING at a point on the Westernright-of--way line of South Enola Drive (S. R. 001 I ) at the Northeast corner of Lot No. 4 on the above referenced plan; thence along said Lot No. 4 North 84 degrees 39 minutes 55 seconds West, 13.5.00 feet to an iron pin set at a point at other lands ofthe __ Grantors herein; thence along said last mentioned lands North OS degrees 20 minutes OS seconds East, 263.15 feet to an iron pin set at a point along the Southern right-of--way line of Prospect Drive (private street); thence along srid Southern right-of--way line of Prospect Drive the following~three (3) courses and distances: (1) by a curve to the left having a radius of 265.00 feet, a distance of 52.34 feet, the chord ofwhich is South 79 degrees 00 minutes 24 seconds East, 52.26 feet to a point; thence (2) South 84 degrees 39 minutes 55 seconds East, 53.00 feet to a point; thence (3) by a curve to the right having a radius of 30.00 feet, a distance of 47.12 feet, the chord of which is South 39 degrees 39 minutes 55 seconds East, 42.43 feet to a point along the Westernright-of--way line of South Enola Drive (S.R. 0011) ;thence along the Western right-of--way line of South Enc~la Dritie {SR OO~i~ South OS degrees 20 minutes OS saenn~ We~~ few ~ ~ ,~ , ., _ , TJNDRR AN~'l- ~tl$ ,: and Extinguish Easements originally recorded in the Office of the Recorder o Deeds m and ~r Cumberland County, Pennsylvania in Miscellaneous Book 596, Page 482, as modified and amended in Miscellaneous Book 607, Page 217. BEING THE SAME premises which Kenneth R Snyder, Jr. and Debra D. Snyder, by her attorney-in-fact, Kenneth R. Snyder, Jr, under a Power of Attorney dated March 3, 1999, by their deed dated Apri127, 1999 and recorded Apri128, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 198, Page 346; granted and conveyed unto Fae K. Maslowski. Tom Maslowski joins in this deed to convey any marital interest he may have acquired. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion aad reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the e right, title, interest, use, possession, property, claim and demand ~=harso~°er €~~e C ,. with the appurtenances. TO HAVE AID- ,_ ' ~- togetherwiththe hereditamentsandappurtenancesuntothe Grantees and to ~~ - ` ~~ "`~ it _ , and benefit forever. AND the Grantors covenant that, except as may be herein set forth, they do and=will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfizlly claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. _, -: In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular n~:anber is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to byname or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assians"had. been inserted after each and every such designation. . ,_ ~~" day and year first above written. WITNESS: -~- ~ i _ ~:- f ~' Fae K. Maslow d /~J ~ Tom Maslowski COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~ ~: ~t~ )SS. ar; ~, na11 eared Fae K,1Viaslawski and'' - , = - P~o Y aPP {or satisfactorilyproven) to be the persons whose names are subscribed to'- aclaiowledged that they executed the same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. .. ~-_ -~ ,n~ ~,t ~ ~a t3L~ , r ~ ~ i{.~+~ ,- t' ,~~Y ut1LG4i;~~, ~a Ca., PA Cat ~ tt° ~ ~.:~ l;av. C3~, 2~ ~y cttx~,~tzew~c~ ~s t~ ~./ Public R~i~ti ~~ Hrt~~~~ Ra ~ °° ~ 1 _ "t~•'I V ~~ ~ ;--- b :" °: a c ~ ` ~~ J O t ~_ -G.