HomeMy WebLinkAbout01-70960~'1694-00002/12.18.01/JRD/LAR/152463.1
STIPULATION AGAINST LIENS
WEST SHORE FIRST
ASSEMBLY OF GOD,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
Owner : NO. ~(~(,p MLD, 2001
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H.W. NAUMAN & SON, INC.,
Contractor
WHEREAS, WEST SHORE FIRST ASSEMBLY OF GOD, a domestic nonprofit corporation, of 927
Wertzville Road, Enola (East Pennsboro Township), Cumberland County, Pennsylvania, hereinafter called
"Owner", has executed a Standard Form of Agreement Between Owner and Contractor ("Agreement") with
H.W. NAUMAN & SON, INC., a domestic corporation, with a principal place of business at 351 Sprecher
Road, Lancaster, Pennsylvania, hereinafter called "Contractor," for the construction of a church facility,
containing approximately twenty-three thousand nine hundred forty-four (23,944) square feet ("Building"),
together with site improvements including, but not limited to, construction of access drives, parking areas,
storm water management facilities, sanitary sewer facilities and other appurtenances (collectively
"Improvements"), upon real estate situate in East Pennsboro Township, Cumberland County, Pennsylvania,
being more particularly bounded and described as follows:
BEGINNING at a point on the northern right-of-way of Wertzville Road (S.R. 0944) at the
southeast corner of lands now or formerly of Chades W. Baker; THENCE along the eastern
lines of lands now or formerly of Charles W. Baker North 03 degrees 33 minutes 06
seconds East a distance of 150.00 feet to a point at the northeast corner of lands now or
formerly of Charles W. Baker; THENCE along the northern line of the same South 86
degrees 34 minutes 06 seconds West a distance of 50 feet to a point on lands now or
formerly of Jeffrey P. and Roxanne Langland; THENCE along the eastern line of lands now
or formerly of Jeffrey P. and Roxanne Langland and continuing along the eastern line of
lands now or formerly of Donald A. Putt and Daphne M. Wiles and the eastern line of lands
now or formerly of William R. Sweikert North 03 degrees 33 minutes 06 seconds East a
distance of 455.19 feet to a point at the southeast corner of lands now or formerly of David
R. Bretz and Bertha D. Bretz; THENCE along the eastern line of lands now or formerly of
David R. Bretz and Bertha D. Bretz North 03 degrees 58 minutes 10 seconds East a
distance of 749.69 feet to a point at the southwest corner of lands now or formerly of East
Q;1.1694-00002/12.12.01/JRD/LAR/152463.1
Pennsboro Township; THENCE along the southern line of lands now or formerly of East
Pennsboro Township North 80 degrees 59 minutes 43 seconds East a distance of 42.58
feet to a point on the western legal right-of-way line of East Penn Drive; THENCE along the
western legal right-of-way line of East Penn Drive by a curve to the left having a radius of
780.00 feet a distance of 240.02 feet to a point; THENCE continuing along the same South
49 degrees 24 minutes 49 seconds West a distance of 115.07 feet to a point; THENCE
continuing along the same by a curve to the right having a radius of 720.00 feet a distance
of 244.07 feet to a point; THENCE continuing along the northern legal right-of-way line of
East Penn Drive South 60 degrees 00 minutes 33 seconds West a distance of 7.50 feet to a
point on the western legal right-of-way line of East Penn Drive; THENCE continuing along
the same by a curve to the right having a radius of 712.50 feet a distance of 98.27 feet to a
point; THENCE continuing along the same South 22 degrees 05 minutes 19 seconds East a
distance of 766.08 feet to a point; THENCE continuing along the western legal right-of-way
line of East Penn Drive by a curve to the right having a radius of 51.00 feet a distance of
60.71 feet to a point on the northern legal right-of-way line of Wertzville Road (S.R. 0944);
THENCE along the northern legal right-of-way line of Wertzville Road (S.R. 0944) South 81
degrees 13 minutes 46 seconds West a distance of 88.58 feet; THENCE continuing along
the same South 86 degrees 52 minutes 24 seconds West a distance of 100.00 feet to a
point; THENCE continuing along the same South 03 degrees 03 minutes 36 seconds East a
distance of 5.00 feet to a point; THENCE continuing along the same South 87 degrees 05
minutes 42 seconds West a distance of 606.09 feet to a point at the southeast corner of
lands now or formerly of Charles W. Baker, the point and Place of BEGINNING.
CONTAINING 711,748 square feet. or 16.33 acres.
BEING Lot #1, Preliminary/Final Subdivision Plan for 1550 Associates, dated May 28, 1999,
last revised July 27, 1999, recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Plan Book 80, Page 28; said Lot #1 is also shown on Final Land
Development Plan for West Shore First Assembly of God, dated August 16, 2001, last revised
October 3, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Plan Book 84, Page 31.
BEING part of the same premises which Buchart-Horn, Inc., a Pennsylvania corporation, by
its Deed, dated December 20, 1978, recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Deed Book F, Volume 28, Page 832, granted and
conveyed unto West Shore First Assembly of God.
The above described real estate is hereinafter celled "Lot #1 ."
NOW THEREFORE, THIS AGREEMENT WlTNESSETH: That Contractor, for and in consideration
of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, receipt whereof is hereby acknowledged,
and the further consideration mentioned in the Agreement, for itself and its subcontractors, and all persons
and parties acting through or under Contractor and Contractor's subcontractors, covenant and agree that no
mechanic's liens or claims shall be filed or maintained by them or any of them against the Building,
0.1.1694-00002~12.12.01/JRD/LAPJ152463.1
Improvements and Lot #1 for or on account of any work done or labor or materials furnished by them or any
of them under the Agreement for, towards, in, or about the construction of the Building and other
Improvements on Lot #1 described above and the Contractor, for itself, Contractor's subcontractors and
others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's
liens or claims against the Building, Improvements and Lot #1 described above, and agree that this
instrument, waiving the right of lien, shall be an independent covenant.
WITNESS, our hands and seals this ~' day of ~'~J*-~,,-,$~- ,2001.
Owner:
WEST SHORE FIRST ASSEMBLY OF GOD
ATTEST:
(Assistant) Secretary
By: 'Name: T~'~'~'~
Title: ¥)~_~'.~O..t~ ....
ATTEST:
(Assistant.) Secretary
Contractor:
H.W. NAUMAN & SON, INC.
Name:
Title: