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HomeMy WebLinkAbout04-3261F.A.S.T. PARTNERS, L.P., A PENNSYLVANIA LIMITED PARTNERSHIP Owner AND RICHARD C. THOMAS, d/b/a THOMAS CONSTRUCTION, Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-- 2361 STIPULATION AGAINST LIENS WHEREAS, F.A.S.T. PARTNERS, L.P., a Pennsylvania limited partnership with an address of 77 Kelly Drive, Carlisle, Pennsylvania 17017 ("Owner"), is about to execute contemporaneously herewith, a contract with Richard C. Thomas, d/b/a Thomas Construction of 155 Ken-Lin Drive, Carlisle, Pennsylvania 17013 ("Contractor") for the construction of certain improvements upon a lot of land situate in Hampden Township, Cumberland County, Pennsylvania and identified as Lot 96 on the Final Subdivision Plan for Hampden Summit-Phase I and is more fully described in attached Exhibit "A." NOW, THEREFORE, before any authority had been given by Owners to Contractor to commence work on said facilities or purchase materials for same, in consideration of making of the above-described Contract with Owners, and in further consideration of One ($1.00) Dollar paid to Contractor by Owners, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owners' property and the land above-described by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or abut the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and the land above-described, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN WITNESS ~v~HEREOt~',] each of the parties have hereunto executed the Stipulation Against Liens this ~ day of ~ ,2004. OWNER: F.A.S.T. PARTNERS, L.P., a Pennsylvania limited partnership CONTRACTOR: RICHARD C. T~I~MA.S, D/B/A ~'h EXHIBIT "A" LEGAL DESCRIPTION for HAMPDEN SUMMIT LOT #96 Hampden Township, Cumberland County All that certain tract of land situated in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Summit Way, that is located at the northeastern comer of Lot #95 being the northwestern comer of Lot #96; thence, along the southern right-of-way of Summit Way on a curve to the right with a radius of 355.00' with an am length of 148.86' having a chord with a distance of 147.77 and a chord bearing South 47°15'08" East to a point; thence, along Lot #97 South 59°44'40" West by a distance of 169.57' to a point; thence, along Lot #59 North 45o45'57" West by a distance of 64.07' (erroneously labeled on the recorded subdivision plan as North 47°59'44" West by a distance of 64.07') to a point; thence, along Lot #95 North 30°44'07'' East by a distance of 164.10 to a point on the southern fight-of- way line of Summit Way; the place of BEGINNING. Containing: Area: 17,861 sq. ft. (0.41 acres) Being Lot 96 as set forth on the Final Subdivision Plan for Hampden Summit-Phase I, Hampden Township, Cumberland County, PA as recorded with the Office of the Cumberland County Recorder of Deeds in Plan Book 87 Page 79. 401740vl