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HomeMy WebLinkAbout05-4273 STIPULATION AGAINST LIENS CHARLES O. BARRY, III and PATRICIA A. BARRY, IN THE COURT OF COMMON PLEAS Owner Cumberland COUNTY, PENNSYLVANIA v. CARLSON CONSTRUCTION, INC., Contractor NO. ()~- 4.nJ rnw I~ WHEREAS, CHARLES O. BARRY, III and PATRICIA A. BARRY of 3 Heatherland Road, Middletown, PA 17057, is about to execute contemporaneously herewith, a contract, with George Carlson of 1208 Summit Way, Mechanicsburg, PA, for the erection of a building upon premises commonly known as 400 Belle Vista Drive, Township East Pennsboro, Cumberland County, Pennsylvania, as set forth in the dE~ed dated , recorded at , in the Recorders Office for Cumberland County, Pennsylvania, i:iS more specifically described in Exhibit "A" which is incorporated herein and attached heretc!. NOW, August 15, 2005, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the s.aid Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchaised, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF: C TRACT~R1I(1I (Jj I ~-trjn.~~ / (/ ~ OW!!lSJ{) CHARLES O. BARRV-, C-..' . .~~~~ ~\. BARRY / " Exhibit A ALL THAT CERtAIN tract of land sftuate in East Pennsboro T~wnShip, Cumberland County, Commonwealth of Pennsylvania as shown on a Final Subdivision Plan Lot Add-On for JameslThelma Feaflman, Sr. dated September 9, 2002, last revised September 8, 2003, prepared by Rettew Assoclates, Inc., Registered Surveyors, recorded on October 10, 2q03 in Cumberland County Plan Book 88, Page 91, more particularly bounded and dl!!icnbed as follows, to wft: BEGINNING at an Iron pin on the northern side of the legal right-of-way line of Belle Vista Drive (80' wide) said point being on the legal right-of-way line forty (40) feet from the center line of Belle Vista Drive at the dividing line between lands described herein and lands now or formerly of Hartzell; thence along said lanels now or 'formerly of Hartzell and continuing along lands now or formerly of Ansell, North elevE,n degrees twelve minutes seventeen seconds West (N 11' 12' 1 T' W), a distance of Orle hundred eighty-four and twenty-nine hundredths (184.29) feet to a concrete monument (to be set) at line of lands now or formerly of Nagra (formerly northern line of unopened .:t.\i' Woodrow Avenue); thence along said lands now or formerly of Nagra and continuing along lands now or formerly of River Bend Management Company, North sixty-four degrees twenty-four minutes fifty-four seconds East (N 64' 24' 54" E) a d1sta.nce of !'.Va hundred forty-eight and forty-one hundredths (248.41) feet to a found rebar; thence crossing through the abandoned and unopened Woodrow Avenue (40' wide), South seven degrees fifty-nine minutes thirty-nine seconds East (S 070 59' 39" E) twenty and , ninety-elght hundredths (20.98) feet to an iron pin (to be set); thence continuing through same. NQrth sixty-four degrees twenty-four minutes fifty-four seconds East <IN 64' 24' 54" E) seventeen and forty.five hundredths (17.45) feet to an iron pin (to be s.st); thence continuing through same South twenty-five degrees thirty-five minutes six sec:onds East (S 250 35' 06" E) twenty (20) feet to a concrete monument at line of land now or formerly of Feallmans, said line also being the westem right-of-way line of Chestnut Street (40' wide unopened); thence 1lI0ng same South five degrees forty minutes one second East (S 05' 40' 01' E) one hundred sixty and fifty-three hundredth'l (160.53) . .i F feet to a concrete monument at the northem rlght-of-way line of Belle Vista Drive; .thence along said right-of-way line of Belle Vista Drive South sixty-seven degrees fifteen minutes eight seconds West (5 67' 15' 08" W) two hundred fifty a.nd ninety hundredths (250.90) feet to a.n iron pin, the place of BEGINNING, .~ . \ , ~ ~_;,i , . ~:- ~:_.. .~, . 'J"', ., \~. ". ."1 .iI: ~'- -- ~ ~ ~ ~ ~ - ("') ~ <;? ~ c.: '3< ~:!-) ";-,.. "'" ~ "'t};:" '$ c')~<: -or:;:r\ r ~ :pq \) :;;.:L O(:J. (n~ ::.;-\.:-r, C) ~-;~y ..:C~t1 ~ (~('=) ~J >'-~(~ ?,Cr\ ~-' ' .- ':::'-4 'P'C: -- r .' ~ ~;" ~ -:;:1 .<:: :L -- -- --- "V --:J t~ () $ t ~ f ~ t r 17