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HomeMy WebLinkAbout04-2225STIPULATION AGAINST LIENS Douglas J. Barry Deborah E. Barry Owner : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY, PENNSYLVANIA East Coast Contracting, Inc. NO. Contractor t_~IEREAS, Douglas J. Barry and Deborah E. Barry of ..... ~03 roodlcy Drive, Ilarrisburg, PA l--Tff.0~ is about to execute contemporaneously herewith, a contract, with East Coast Contracting, Inc. of 160 Lamont Street, New Cumberland, Pennsylvania 17070, for the erection of a building upon premises commonly known as 3817 Gettysburg Road & 3900 Gettysburg Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania, as set forth in the deed dated September 30, 2003, at Deed/Record Book 259 Page 3493, in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, /~{/A~6/ I(o~ , 2004, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materiahnen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: EAST COAST~, INC. By: /~ t /~ ~--~ ~ / Jahn M. Kostelac, President Do~/~las J~Bh~y ~r~ /} Debor~ E. Barry ~ EXHIBIT A ALL THAT CERTAiN tract or parcel of land and premises situate, lying and being in Lower Allen Township, Cumberland County, Pennsylvania, more particularl3~ described as follows: TRACT NO. !: BEGINNING at a pin on the southern side of the Harrisburg-Gettysburg Pike, Route No. 15, at the intersection of the eastern right-of-way line of St. Johns Road (heretofore referred to as the Stone Church Road); thence along the southern side of the said Harrisburg-Gettysburg Pike North sixty-one (6I) degrees fifty-two (52) minutes East, one hundred ninety-four and forty one-hundredths (I 94.40) feet to a pin at Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along the western line of said Lot No. 3 South twenty-eight (28) degrees eight (8) minutes East, one hundred seventy-four and twenty one-hundredths (174.20) feet to a pin; thence along part of Lot No. 2-A and part of Lot No. 1 -A South sixty- one (61) degrees fifty-two (52) minutes West, one hundred seventy-seven and forty-two one-hundredths (177.42) feet to the eastern right-of-way of the St. Johns Road; thence along the eastern right-of-way line of St. Johns Road, North thirty- two (32) degrees two (2) minutes West, one hundred seventy-four and sixty-one one-hundredths (174.61) feet to the place of BEGINNiNG. BEiNG Lots Nos. I and 2, and part of Lots Nos. 1-A and 2-A on a Plan of Lots known as Rana Villa Spring Terrace, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 2, Page 42. TOGETHER with ali of the rights and privileges and subject to all of the conditions and restrictions set forth in the Deed from Marie A. Spencer and C. W. Spencer, her husband, to F. Baynard Wilson and Martha E. Wilson, his wife, dated August 26, 1929, and recorded in 11 "A" 545. TRACT NO. 2: ALL THAT CERTAIN parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, being part of Lots Nos. 36 and 37 on Plan of Lots known as Keewaydin, said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, Page 42, and more particularly described as follows: BEGINNiNG at a point on the westerly side of St. John's Church Road (50 feet wide); said point being, as measured, North 35 degrees 03 minutes West, 96.55 feet from an iron pin at the northwest corner of the State Highway, U. S. Route No. 15, and St. John's Church Road, said point also being on the dividing line between the herein described land and lands now or formerly of T. Paul Harding, et ux, extending thence (1) turning an interior angle of 86 degrees 17 minutes and running along said dividing line in a southwestwardly direction 130.22 feet to a point on the dividing line between the herein described land and land now or formerly ofA. P. Harmon, aJk/a A. P. Harmon; thence (2) along last mentioned dividing line North 31 degrees 20 minutes West, 33.77 feet to a point marked by an iron pin on the southerly side of an alley (20 feet wide); thence (3) along said southerly side of said alley North 54 degrees 57 minutes East, 127.7 feet to a point marked by an iron pin on the said westerly side of St. John's Church Road; and thence (4) along said westerly side of St. John's Church Road South 35 degrees 03 minutes East, 42.15 feet to the point at the place of BEGINNING: AND ALSO, ALL THAT CERTAIN following described parcel of ground, adjoining on the south and east of the above described tract: BEGINNING at a point on the westerly side of St. John's Church Road (50 feet wide); said point being, as measured, North 35 degrees 03 minutes West, 96.55 feet from an iron pin at the northwest corner of the State Highway, U. S. Route 15, and St. John's Church Road; extending thence (1) along said westerly side of St. John's Church Road North 35 degrees 03 minutes West, 42.15 feet to a point marked by an iron pin on the southerly side of an alley (20 feet wide); thence (2) North 54 degrees 57 minutes East along said southerly side of said 20 foot alley, if projected, 25 feet to a point in the center line of St. John's Church Road; thence (3) along said center line of St. John's Church Road South 35 degrees 03 minutes East, 44 feet, more or less, 'to a point; and thence (4) southeastwardly 25 feet to the point and pi.ace of BEGINNING. UNDER AND SUBJECT to all restrictions and easements of record, local zoning laws and any condition an accurate and complete survey would disclose; and also, UNDER AND SUBJECT to the restriction that for a period of twenty-five (25) from the date hereof said premises shall and will not be used or permitted to be used, directly or indirectly, for the sale or advertising of any petroleum product, nor the display of any trademark, trade name or symbol characteristic of any petroleum product supplier or marketer. TRACT NO. 3: ALL THAT CERTAIN parcel of ground together with the buildings and improvements erected thereon, situate in Lower Allen Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows: BEGINNING at an iron pin at the northwest corner of State Highway, known as U. S. Route No. 15 (also called Gettysburg Pike, 80 feet wide) and St. John's Church Road (50 feet wide); extending thence (I) along the westerly side of St. John's Church Road North 35 degrees 03 minutes West, 96.55 feet to a point in line of other land now or formerly ofT. Paul Harding and Jane P. Harding; thence (2) turning an interior angle of 93 degrees 43 minutes and running along line of said other land now or formerly ofT. Paul Harding and Jane P. Harding southwestwardly 130.22 feet to a point in line of land now or formerly orA. P. Harmon, a/k/a A. P. Harmon; thence (3) turning an interior angle of 90 degrees and running along said line of land now or formerly of A. P. Harmon, a/k/a A. P. Harmon, South 31 degrees 20 minutes East, 96.28 feet to an iron pin on the northerly side ofU. S. Route No. 15; and thence (4) turning an interior angle of 90 degrees and rnrming along said side ofU. S. Route No. 15 North 58 degrees 40 minutes East, 136.40 feet to the place of BEGINNING, the last mentioned course forming with the first mentioned course an interior angle of 86 degrees 17 minutes. AND ALSO, ALL THAT CERTAiN following described parcel of ground adjoining on the south and east of the above described tract: BEGINNING at an iron pin at the northwest corner of the State Highway U. S. Route No. 15 and St. John's Church Road, as shown on Plan of Lots ka~own as Keewaydin, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, Page 42, extending thence (1) along the northerly line of said State Highway South 58 degrees 40 minutes West, 136.4 feet to an iron pipe; thence (2) South 31 degrees 20 minutes East, 36 feet to a point in the center of said State Highway; thence (3) along said center line North 58 degrees 40 minutes East, 163.74 feet, more or less, to a point in the center of the intersection of said State Highway with St. Jolm's Church Road; thence (4) along the center line of St. John's Church Road North 35 degrees 03 minutes West, 133 feet, more or less, to a point; thence (5) South 54 degrees 57 minutes West, 25 feet to a point at the northeast corner of above described lot; and thence (6) along the easterly line of said lot, being the westerly line of St. John's Church Road as shown on said plan, South 35 degrees 03 minutes East, 96.55 feet to an iron pin, the place of BEGINNING. Being the portions of State Highway, U.S. Route No. 15, and St. John's Church Road as shown on said plan adjoining Lots 36 and 37 above described. UNDER AND SUBJECT, NEVERTHELESS, to the following restrictions: 1.: Any state of facts that an accurate survey would show; 2.; Current taxes not yet delinquent; and 3. Easements, covenants, rights-of-way, of record, if any.