HomeMy WebLinkAbout13-5239 SHAKE BROS, LP, IN THE COURT OF COMMON PLEAS
Owner CUMBERLAND COUNTY, PENN SYkVANIA
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D CULLY INC., NO. i' 3 ,j 3 9 c: ✓�' v ;'
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STIPULATION AGAINST LIENS
WHEREAS, SHAKE BROS, LP of 1828 Good Hope Road, Enola, Pennsylvania 17025
(the "Owner ") the Owner of the hereinafter described tract of land, has executed or is about to
execute contemporaneously herewith a contract with D CULLY INC., d /b /a C &C
CONSTRUCTION of 5745 Spring Road, Shennans Dale, Pennsylvania 17090 (the "Contractor ")
for improvements to the premises located at 501 & 503 Dakemich Court, East Pennsboro
Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A"
attached hereto and made a part hereof (the 'Premises ").
NOW, August, 2013, before any authority has been given by said Owner to the said
Contractor to commence work on said Premises or to otherwise construct any improvements
thereto, or to purchase materials for the same, or to enter into anycontracts with any
subcontractors, or materialmen, or to authorize any purchases by or through any subcontractors
or materialmen, in consideration of the making of said contract with the Owner and the further
consideration of One .Dollar ($ 1.00), to Contractor paid by said Owner, and with the intent of all
parties to be legally bound hereby, it is agreed that no lien shall be filed against the building or
Premises or any part thereof, by the Contractor or any subcontractor, or by any of the
materialmen or workmen or any other person for any labor, or materials purchased, or extra labor
or materials purchased, for the building and improvements to the Premises (including hereafter
changes made thereto), the right to file liens being expressly waived. jrXq,06 P�
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It is the full intent of the Contractor, for itself and for any subcontractors or materialmen
claiming for themselves, or by, through or under the contract or the Contractor, that the right to
file a mechanic's lien, under the provisions of law and /or of Acts of Assembly in such cases made
and provided, for work done or materials furnished in and about the building and improvements
to the Premises above described is hereby waived.
WITNESS our hands and seals the day and year first above written.
Witness /Attest: SHAKE BROS, LP
by Shake Bros GP, LLC, its general
partner
B ny R. awood
Authorized Member
D CULLY INC.
d /b /a C &C CONSTRUCTION
By:
President
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EXHIBIT A
ALL THAT CERTAIN piece or parcel of land situated in East Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, being bounded and described as follows:
Lot No. 1 (501 Dakemich Ct — Tax ID 09 -14- 0832- 365A):
BEGINNING at a point on the northern right -of -way line of Dakemich Court (50 foot right -of-
way) said point being on the eastern line of a 10 foot alley (unimproved), said point being South
7° 13' 47" East, a distance of 4.56 feet from an iron pin set on the eastern line of the alley, thence
along said 10 foot alley North 7° 13' 47" West through the aforesaid iron pin a distance of
155.10 feet to an iron pin at a 15 foot alley (unimproved); thence by said 15 foot alley North 85°
17' 10" East, a distance of 30.00 feet a point at Lot No. 2 on the hereinafter mentioned Plan of
Lots; thence by Lot No. 2 South 21° 04' 48" East, a distance of 137.67 feet to a point at the
northern right -of -way line of Dakemich Court; thence by the northern right -of -way line of
Dakemich Court by a curve extending to the left in a southwesterly direction having a radius of
175.00 feet an arc length of 29.56 feet by a chord bearing South 64° 04' 55" West, a chord
distance of 29.52 feet to a point at a 10 feet alley, the point and place of BEGINNING.
BEING Lot No. 1 on a Final Resubdivision /Land Development Plan for Grants Cove recorded at
Cumberland County Instrument No. 200744983 and containing 6945.16 sq. ft. or 0.1594 acres.
Lot No. 2 (503 Dakemich Ct — Tax ID 09 -1.4- 0832 -407):
BEGINNING at a point on the northern right -of -way line of Dakemich Court (50 foot right -of-
way) said point being on the southeast corner of Lot No. 1 on the hereinafter mentioned Plan of
Lots; thence by Lot No. 1 North 21 ° 04' 48" West, a distance of 137.67 feet to a point at a 15
foot alley (unimproved); thence by said 15 foot alley North 85° 17' 10" East, a distance of 65.63
feet to a point at Lot No. 3 on hereinafter mentioned Plan of Lots; thence by Lot No. 3 South 08°
44' 27" East, a distance of 125.87 feet to a point at the northern right -of -way line of Dakemich
Court; thence by the northern right -of -way line of Dakemich Court the following courses and
distances: (1) by a curve extending to the left in a southwesterly direction having a radius of
175.00 feet an arc length of 36.34 feet by a chord bearing South 74' 52 07 West a chord
distance of 36.27 feet to a point; and (2) by curve extending to the left in a southwesterly
direction having a radius of 175.00 feet an arc length of 79.54 feet by a chord bearing South 72°
15' 53" West, a chord distance of 78.86 feet to a point at Lot No. 1 on the hereinafter mentioned
Plan of Lots, being the point and place of BEGINNING.
BEING Lot No. 2 on a Final Resubdivision /Land Development Plan for Grants Cove recorded at
Cumberland County Instrument No. 200744983 and containing 6579.67 sq. ft. or 0.15108 acres.
BEING part of the same premises which William H. Goodling and Kelly J. Goodling, husband
and wife, by deed dated 06/18/13 and recorded 06/21/13 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Instrument No. 201320358 granted and
conveyed unto Shake Bros, LP.
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