HomeMy WebLinkAbout05-5433
'{)OO~- SY33 I'1LD
STIPULATION AGAINST LIENS
THIS AGREEMENT made the Z. B day of September, 2005, by and between
McCoy Brothers, Inc., 1514 Commerce Avenue, P.O, Box 7300, Carlisle, PA 17103
hereinafter referred to as Contractor, and YCH Properties, LP, hereinafter referred to as
Owner, whereby the former undertakes and agrees to erect and construct a (retail
motorcycle sales and service shop) on:
ALL THAT CERTAIN portion of land located in the Township of Lower Allen,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point, said point being the northwestern most property corner of
the subject property and also, said point being an iron pin, located on the southern most
right-of-way line of Hartzdale Drive, Thence, along said right-of-way line of Hartzdale Drive,
Thence, along said right-of-way line and along an arc curving to the left and having a
radius of 858.51 feet a distance of76,95 feet; thence along the same north 41 degrees, 22
minutes, 00 seconds east, a distance of 209.53 feet to an iron pin; thence from said iron
pin along an arc curving to the right and having a radius of 1,392.39 feet a distance of
44.28 feet to a point; thence along a line, said line delineating Lot No. 1 and Lot No, 2,
south 26 degrees, 50 minutes, 00 seconds east, a distance of 591.63 feet to a point, said
point being located on the northernmost right-of-way line of Conrail Railroad; thence along
said right-of-way line south 63 degrees, 10 minutes, 00 seconds west, a distance of 461.21
feet to a point; thence along lands now or late of Cumberland County Industrial
Development Authority north 08 degrees, 56 minutes, 04 seconds west, a distance of
496,74 feet to a point, said point being the point and place of BEGINNING.
SAID area containing 4.590 acres more or less.
BEING the same area as shown on plan titled "Final Subdivision/Land Development
Plan" prepared by J. Michael Brill and Associates, Inc" dated March 5,1990, with revisions
dated April 2.1990, and April 11, 1990, to which reference is hereby made for more
particular detail.
BEING a part of the same premises which J. H. Quentin Beisel, Executor of the
Last Will and Testament of James V. Clendenin, deceased, by deed dated February 15,
1990, and recorded in Cumberland County Deed Book k-34, Page 470, granted and
conveyed unto Cedar Run Development, a Pennsylvania General Partnership,
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor,
for and in consideration of the sum of One and 00/100 Dollar ($ 1. 00) to Contractor in hand
paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration
mentioned in the agreement aforesaid, for themselves and their subcontractors, and all
parties acting through or under them, covenant and agree that no mechanic's liens or
claims 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
themselves, 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 this 7. 'e.>
day of S'i!..~\~""b'V' ,2005.
Controller of McCoy Brothers, Inc.
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WITNESS our hands and seals this
La..
day of October, 2005.
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YCH Properties,LP
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Notarial Seal
Yvette D. Summers, Notiil.l)' Public
Lower Allen Twp Cumbe,'and C
Me" 0, ounty
y ommlSSlon Expires Feb. 3. 2007
Member, Pennsylvania AssoclatJonot Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Cumberland
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On this, the 28th day of Septemb<<;!'2005, before me, the undersigned
officer, personally appeared Robert C. Ganoe who acknowledged him/herself to be
the Controller of McCoy Bros., Inca corporation, and that he/eRe as such
G>...;~~\ \1..- ,being authorized to do so, executed the foregoing instrument for the purposes
therein contained by signing the name of the corporation by him/herself as
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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~f~ipH OF PENNSYLVANIA
NOTARIAL SEAl
LINDA K. LOBAUGH ....._, Public
Sootl'.......~ ' '~-,
..........,n Twp., Cunlberiend CounIv
My Commission :"xpires ./an, 29. 2008
COMMONWEALTH OF PENNSYLVANIA )
:ss.
COUNTY OF )
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On this, the '0 day of aCl , 2005, before me the undersigned officer,
personally appearedCM~P1.1>EAtL-I'j(nown to me (or satisfactorily proven) to be the person~
whose nameW is/are subscribed to the within instrument and acknowledged that
tj)ey/he/~ executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
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Notarial Seal
Yveue D. Summers. Notary Public
Lower Allen 1Wp., Cumberland County
My Commission Expires "eb. 3. 2007
Member, PennsylvamaAssoclatlOnol Notanes
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