HomeMy WebLinkAbout04-5575STIPULATION AGAINST LIENS
THIS AGREEMENT made this 22nd day of October 2004, by
and between Hempt Brothers, Inc., hereinafter referred to as
Contractor,
Gus Bailey, LLC hereinafter referred to as Owner, whereby the
Contractor undertook and agreed to perform work in the nature of
the construction of infrastructure and improvements to Arborfield
situate in Upper Allen Township, Cumberland County, Commonwealth of
Pennsylvania, and more fully described in Exhibit "A" which is
attached hereto and made a part hereof.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or themselves and its, his
or their subcontractors, and all parties acting through or under
them, covenant and agree that no mechanic's liens or claims shall
be filed or maintained by them or any of them against the said
buildings and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of
them under said contract or otherwise, for, towards, in, or about
the erection and construction of the said buildings on the lot
above described, and the said Contractor, for itself, himself or
themselves, its, his or their 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 said buildings
or any of them, and agree that this instrument, waiving the right
of lien, shall be an independent covenant.
WITNESS our hands and seals the day and year first above
written.
Signed, sealed and delivered
in the presence of
Gerald L. Hempt
: Hempt Brothers, Inc.
:
:
~9 President
Max J. Hempt
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this 22nd day of October , 2004, before me, the
undersigned, personally appeared Max J. Hempt whose name
is subscribed to the within instrument, and acknowledged that he
is Vice ~XPresident of Hempt Brothers, Inc. and executed the same for the
purposes therein contained and the capacity therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary ~lic ~
Notarial Seal
A. Megan McNaughton, Notary Public
Camp Hill Bom, Cumberland County
My Commission Expires Apr. 15, 2006
Member, I%nnsylvania Association of Notaries
LEGAL DESCRIPTION FOR ARBORFIELD
SITUATED IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PA.
BEGINNING at a concrete monument situated at the intersection of the easterly right-of-
way line of Gettysburg Pike and the southern property line of lands now or formerly belonging to
Nelson L. & Esther Wingert; thence along the 60' right-of-way line of Gettysburg Pike South 27
degrees 21 minutes 54 seconds West, a distance of 137.03 feet; thence along following six (6)
courses:
1. North 62 degree 38 minutes 05 seconds West, a distance of 36.45';
2. An arc to the right 153.46', a radius of 50.00', a chord bearing of North 64 degrees 42
minutes 40 seconds West, a chord distance of 99.93';
3. An arc to the left 30.77', a radius of 25.00', a chord distance of North 12 degrees 03
minutes 08 seconds West, a chord distance of 28.87';
4. North 47 degrees 19 minutes 00 seconds West, a distance of 75.62';
5. South 42 degrees 39 minutes 43 seconds West, a distance of 141.59';
6. South 44 degrees 11 minutes 30 seconds West, a distance of 141.41';
Thence along the northern right-of-way line of Fisher Road as depicted on the aforesaid
Arborfield Subdivision Plan (60' right-of-way) the following 3 courses:
1. North 45 degrees 48 minutes 29 seconds West, a distance of 375.24 feet;
2. South 44'degrees 11 minutes 31 seconds West, a distance of 2.00';
3. North 45 degrees 48 minutes 29 seconds West, a distance of 324.38';
Thence along lands now or formerly belonging to Dwight & Mabel Stambaugh North 29 degrees
15 minutes 00 seconds East, a distance of 363.00' to an iron pin; thence along lands now or
formerly belonging to Michael I. & Joyce L. Trinen North 48 degrees 00 minutes 00 seconds
East, a distance of 99.00' to an iron pin; thence along lands now or formerly belonging to Nelson
L. & Esther Wingert South 47 degrees 19 minutes 00 seconds East, a distance of 997.48' to a
concrete monument being the point of beginning.
Containing 357,3.67 S.F. or 8.2040 Acres.
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