HomeMy WebLinkAbout04-3250Brian\CLIENTS\Fox, Harry H. Jr.\Hnrtzdale Drive\StipVsLiens(jsg)
Tax Parcel# 27-37-032
SCHRACK &
LmSF. N~ACH
Harry H. Fox Jr., :
Owner :
;
VS. :
:
eciConstruction, :
General Contractor:
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Stipulation AEainst Liens
WI-gEREAS, Harry H. Fox Jr. is about to execute contemporaneously herewith, a contract with
eciConstruction for the erection of an office building/warehouse upon ALL THAT CERTAIN TRACT of
land, situate in the in the Township of Lower Allen, County of Cumberland, and Commonwealth of
Pennsylvania, being more particularly bounded and described as follows, to wit:
BEGINNING at a point marked by a monument at common corner of Lots #3, #4, and #5
on the hereinafter mentioned Plan of Lnts; thence along the division line between Lots #3 and
#5 on said Plan, North 32 degrees 07 minutes 10 seconds West, 106.76 feet to a point on the
easterly side ora bridge erected over Cedar Run; thence extending along and through Cedar
Run, the same being also the division line between Lots #2 and #3 on thc hereinafter
mentioned Plan of Lots, North 44 degrees 00 minutes 00 seconds East, 300.00 feet to a point;
thence continuing along and through said Cedar Run and the division line between Lots #2 and
#3 on said Plan, North 73 degrees 40 minutes 38 seconds East, 89.34 feet to a point in the
western side of another bridge erected over Cedar Run; thence along the western edge of said
bridge, North 33 degrees 36 minutes 52 seconds West, 10.00 feet to a point; thence crossing
said bridge, North 60 degrees 08 minutes 57 seconds East, 15.00 feet to a point on said
bridge; thence extending along the western line ora fifteen (15) feet wide access drive, North
33 degrees 36 minutes 52 seconds West, 10.00 feet to a point; thence crossing said bridge,
North 60 degrees 08 minutes 57 seconds East, 15.00 feet to a point on said bridge; thence
extending along the western line of a fifteen (15 ) feet wide access drive, North 33 degrees 36
minutes 52 seconds West, 15.00 feet, more or less, to a point; thence along and through Cedar
Run and the line of lands now or formerly of Albert Danowitz and wife (Model Motors),
South 15 degrees 56 minutes 00 seconds East, 110.79 feet to a point in Cedar Run; thence
continuing along and through said Cedar Run, and lands now or formerly of Danowitz, South
53 degrees 34 minutes 25 seconds East, 128.16 feet to a point; thence by thc same, South 82
degrees 35 minutes 59 seconds East, 109.70 feet to a point; thence by the same, North 85
degrees 36 minutes 08 seconds East, 98.98 feet to a point; thence still by the same, North 66
degrees 44 minutes 40 seconds East, 187.39 feet to an iron pin; thence along the line of lands
now or formerly of the Reading Railroad Company, South 51 degrees 00 minutes 00 seconds
West, 835.84 feet, more or less, to a monument in the division line between Lots #3 and #4
on the hereinafter mentioned Plan of Lots, aforesaid; thence along the division line between
Lots #3 and #4 on said Plan, North 41 degrees 12 minutes 00 seconds West, 270.52 feet to
a point marked by a monument, at the point and place of BEGINNING.
CONTAINING 4.89 acres, being identified as Lot #3 in accordance with a Plan of Lots
prepared by E J. Walker, Registered Surveyor, for John E. Keener, Inc., dated October 20,
1975, recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Plan Book 27, at page 8, and being known and municipally numbered as 3605
R Hartzdale Drive, Camp Hill, Pennsylvania 17011.
BEING THE SAME PREMISES which John H. Brady and Ruth S. Brady, husband and
wife, by Deed dated March 12, 2004, and recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania in Deed Book 256, at page 611, granted and
conveyed unto Harry H Fox Jr. IT ALSO BEING THE SAME PREMISES which Brad-
Cai Company, by Quit Claim Deed dated March 3, 2003, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 256, at page
608, granted and conveyed unto Harry H. Fox Jr.
NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties, as part of said
contract, and for consideration therein set forth, that neither the undersigned Contractor, nor any subcontractor
or materialman, nor any other person furnishing labor or materials to the Contractor under the subject contract
shall file a lien for work performed, or materials furnished to the building or any part thereof.
The General Contmctur hereby agrees to waive any defects in the filing and indexing of this lien waiver
in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the M~chanics' Lien Law
of 1963, and agrees that it will not contest the validity of the lien waiver based upon any such defect, and
hereby agrees to this waiver of defects on behalf of any of the subcontractors, materialmen, or suppliers that
may provide any labor or material under the General Contractor's agreement with the Owner and who, but for
the same waiver, would be entitled to assert mechanics' liens against the Owner's property under the
Mechanics' Liens Law of 1963.
The General Contractor also hereby agrees to provide actual notice of the lien waiver to all
subcontractors, materialmen, and suppliers prior to the providing of any labor or material by them to the
project, and will further provide for a written acknowledgment by each of these persons of the lien waiver prior
to providing any labor or material to the project.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals the day
and year aforesaid.
Harry H/Fox Jr. -
Owner
Sc mc &
LINSENBACH
eciConstruction
General I~ontractor