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HomeMy WebLinkAbout01-6814STIPULATIONS AGAINST LIENS David C Hershberger VS Franklin Builders Owner Contractor } WHEREAS, David C Hershberger of 32 Fox Hill Rd, Shippensburg to execute contemporaneously herewith, a contract, with of 5199 Bricker Road, Chambersburg PA for the erection of a Free Stall Barn SEE AT1 NOW, November 28th , 2001 principal contract, and before any authority has been ' to the said Franklin Builders for the same in consideration of the making of the said and the further consideration of One Dollar, to Franklin paid by David C Hershberger contractor, or any sub-contractor, nor by any of the materials purchased for the erection of said building, the WITNESS, our hands and seals the day and ~ SCED AND SEALED IN THE PRESENCE In the Court of Common Please Count of , Penns dv~~nia Number: lOJ'~J¢~Term, , Penns llvJ~nJa, Js al ~ Franklin Builders building upon a lot of land situ~lte ~CHED EXHIBIT "A" , at the time of and immediately before the e; :ecJtion of ti /en by the sai David C Hershberger to commence work on the said building, or pi rcl' ase mat( ;ontract with Franklin Builders i Builders , it is agreed that no lien shall be filed againsl th,buildin~ erial men or workmen or any other person for am' labor, el 9 right to file such liens being expressly waive:1. 3resaid. 'D~_vi¢ C He~fiberge, r ' ' Franklin Builders , about by the ALL that certain tract of land situate in H~pewell Towr CUmberland. County, Pennsylvania, more particularly boui and described as follows: lp, ~d BEGINNING at a point in the centerline of S.R. 641 .lle Road) at dividing line of lands now or formerly of Kenl M. Jankura and the tract herein conveyed; thence along ~nds now or formerly of Kenneth M. Jankura, South.42 degree )0 minutes 00 seconds East 825.17 feet to a point'at ~ow or formerly of ThOmas G. Hammond; thence al0ng lands or formerly of Thomas G. Hammond, .South 30 degrees 00 00 seconds West 1997,16 feet to a point at lands now formerly of William F. Frotscher, Jr.; thence along now or formerly of William F. Frotscher, Jr., North degrees 45 minutes 00 Seconds West 198.83 feet to a pc thence along lands'of same, South 68 degrees 45 minute 00 seconds West .397 32 feet to a point; thence along lan( of same and lands now or formerly of Harry W. PauleY, No] 42. degrees 45 minutes 00 seconds west 1148.5 fe~t, more less, to an iron pin; thence along Lot No. 3, as n the hereinafter stated Subdivision Plan, North 60 deg~ is 45 minutes 42 seconds' East 254.66 feet to a concrete mon~ ~t at an existing dirt farm lane; thence continuing alon, Jot ' No. 3, North 22 degrees 48 minutes' 50 seconds West 41 feet to a concrete monument; thence continuing along 'N0~ 3, North 25 degrees 23 minutes 42 seconds West 273.56 ~et'~ to a railroad spike in the centerline'of S.R. 641 (Ne lie . Road); thence over the centeriine ~of said public ~th 64 degrees 36 minutes 18 seconds West 336.90 feet to railroad Spike; thence continuing over said c a curve to the right, having a radius of 2431.07 feet, ~hord bearing of South 66 degrees 08 minutes 11 seconds, distance of 129.96 feet to an existing railroad s t lands now or formerly of Dean E. Fullmer; thence [ands now or formerly of Dean E. Fullmer, North 04 degrees minutes 00 seconds West 1192.49 feet, more or less, ~n iron pin at Lot No. 4; thence along Lot No. 4, degrees 03 minutes 07 seconds East 149.63 feet to an on pin; thence continuing along Lot No. 4, North 37 deg] s 16 minutes 27 seconds East 24]..36 feet to an iron pin; nce continuing along Lot No. 4, North 41 degrees 44 minu .29 seconds East 129.26 feet to. an iron pin; thence cont~ ~ng along Lot No. 4, North 33 degrees 06 minutes 47 seco~ st 365.43 feet to an iron pin at other lands now or of F. David Heberlig; thence along lands now or formert~. ~f F. David Heberlig, North 66 degrees 06 minutes 25 secon~ East 177.28 feet to an iron pin at Lot No. 2; thence along L0t No. 2, South 41 degrees 27 minutes 56 seconds East 297.97 feet to an iron pin; thence continuing along Lot No. 2, South 51 degrees 48 minutes 32 seconds East 120.50 an iron pin; thence continuing along Lot No. 2, South degrees 25 minutes 04 seconds East 223.94 feet to an pin; thence continuing along Lot No. 2; North 43 de( 5 minutes 31 seconds East 141.77 feet to an iron pin on northern right-of-way line of T-374 (Peebles Road); e along the northern right-of-way line of said public North 85 degrees 49 minutes 53 seconds East 26.61 feet the property line of Lot ~'; thence continuing along ~a~d right-of-way line, North 71 degrees 30 minutes 00 seconds 265.12 feet to a point; thenCe continuing along said L ~ right-of-way line, South 36 degrees 00 minutes 00 secor~ East 991.32 feet to a point in the centerline of S.R. 4 (Newville Road)/ thence over the centerline of said PUI~l~ road, North 67 degrees 00 minutes 00 seconds East 194. feet to a point, the point and place of BEGINNING. BEING all of Lot No. 1 as shown on Subdivision Plan fo David'Heberlig, .dated March 5, 1999, and recorded in Cumberland County Plan Book 79, Page 3 et seq., and containing 132.09 acres, more or less.