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HomeMy WebLinkAbout14-4966 SHAKE BROS, LP, IN THE COURT OF COMMON PLEAS Owner CUMBERLAND COUNTY,PENNSYLVANIA V. NO. D CULLY INC., d/b/a C&C CONSTRUCTION rO Contractor 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, Shermans Dale, Pennsylvania 17090 (the "Contractor") for improvements to the premises located at 516 & 518 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 15 , 2014,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 any contracts 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. a 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 h `'b By:rU d�. 1 Bo y R. Dawood Authorized Member D CULLY INC. d/b/a C&C CONSTRUCTION By:—j President 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. 19 (516 Dakemich Ct- Tax ID 09-14-0832-425): BEGINNING at a point on the southern right-of-way line of the Dakemich Court cul-de-sac, said point being at the northeast corner of Lot No. 18 on the hereinafter mentioned Plan of Lots; thence along the southern right-of-way line of Dakemich Court cul-de-sac by a curve extending to the left in a southeasterly direction having a radius of 50.00 feet an arc length of 62.72 feet by a chord bearing South 58° 45'06" East a chord distance of 58.73 feet to a point at Lot No. 20 on the hereinafter mentioned Plan of Lots; thence by Lot No. 20 South 04° 42' 50" East, a distance of 82.06 feet to a point at a 15 foot alley(Mac.Pay.14'); thence by said 15 foot alley South 840 25' 07" West a distance of 47.54 feet to a point at Lot No. 18 on the hereinafter mentioned Plan of Lots; thence by Lot No. 18 North 04° 42' 50" West, a distance of 117.27 feet to a point at the southern right-of-way line of Dakemich Court cul-de-sac, the point and place of BEGINNING. BEING Lot No. 19 on a Final Resubdivision/Land Development Plan for Grants Cove recorded at Cumberland County Instrument No. 200744983 and containing 4356.41 sq. ft. or 0.1000 acres. Lot No. 20 (518 Dakemich Ct- Tax ID 09-14-0832-426): BEGINNING at a point on the southern right-of-way line of the Dakemich Court cul-de-sac, said point being at the northeast corner of Lot No. 19 on the hereinafter mentioned Plan of Lots; thence along the southern right-of-way line of Dakemich Court cul-de-sac North 85° 17' 10" East, a distance of 47.51 feet to a point at a 8 foot alley(unimproved); thence by said 8 foot alley South 05° 06' 50" East, a distance of 81.33 feet to a point at a 15 foot alley(Mac.Pay.14'); thence by said 15 foot alley South 84° 25' 07" West a distance of 48.08 feet to a point at Lot No. 19 on the hereinafter mentioned Plan of Lots; thence by Lot No. 19 North 04° 42' 50" West, a distance of 82.06 feet to a point at the southern right-of-way line of Dakemich Court cul-de-sac, the point and place of BEGINNING. BEING Lot No. 20 on a Final Resubdivision/Land Development Plan for Grants Cove recorded at Cumberland County Instrument No. 200744983 and containing 3904.67 sq. ft. or 0.0896 acres. UNDER AND SUBJECT TO, Declaration of Grants Cove, a Planned Community, recorded at Cumberland County Instrument No. 200918123. 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 Dauphin County, Pennsylvania, in Instrument No. 201320358, granted and conveyed unto Shake Bros, LP, a Pennsylvania Limited Partnership.