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HomeMy WebLinkAbout06-3866 . STIPULA TION AGAINST LIENS LEMOYNE DEVELOPMENT, a Pennsylvania general partnership, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MILLER & NORFORD, INC., a Pennsylvania corporation, Contractor NO. ()l.-3Ft./- /l'Zl..C)TERM 2006 LEMOYNE DEVELOPMENT, a Pennsylvania general partnership, with a principal place of business of 301 Market Street, Lemoyne, Pennsylvania ("Owner"), has entered into a contract with MILLER & NORFORD, INC., a Pennsylvania corporation, with a principal place of business at 700 Ayers Avenue, Lemoyne, Cumberland County, Pennsylvania ("Contractor"), for Phase II Renovations upon the Property of Owner situate at 301 Market Street, Lemoyne Borough, Cumberland County, Pennsylvania, being more particularly bounded and described on Exhibit "A,' attached hereto and made part hereof. NOW, this ~ri day of June, 2006, before any authority has been given by the Owner to the Contractor to commence work on the improvements or purchase materials for the same, in consideration of the making of the said contract with Owner and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against said Property by the Contractor, or any sub-contractor, nor by any of the material-men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the installation and construction of said improvements, the right to file such liens being expressly waived. THIS Stipulation Against Liens has been executed by Owner and Contractor on the day above written. OWNER: Lemoyne Development, a Pennsylvania general partnership By: a.M. I J... ~A~ ~Myers Title: Partner CONTRACTOR: Miller & Norford, Inc., a Pennsylvania corporation By: :278430 . - EXBlBIT nAn ALL THOSE THREE (3) CERTAIN pieces, parcels and lots of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at point in ttie center line of Market Street at the westem line of North Third Street; THENCE along said center line South 63 degrees West 50 feet to a point; THENCE along line of lands now or formerly of W. M. Sheaffer North 24 degrees West 175 feet to a railroad spike in the southerly line of Poplar Street 20 feet wide; THENCE along the latter North 66 degrees East 50 feet to a point on the westerly line of North Third Street; THENCE along the latter line South 24 degrees East 175 feetto the place of BEGINNING. TRACT NO.2: BEGINNING ata point in the. southerly line of Walnut Street at the westerly line of North Third Street; THENCE South 24 degrees East along said line of North Third Street 150 feet to a point in the northerly line of Poplar Street 20 feet wide; THENCE westwardly along said line of Poplar Street 83.2 feet to a point marked by a railroad spike; THENCE North 24 degrees West along the eastern line of Lot No. 24 on the Plan of Fort Washington recorded in Plan Book 1, Page 77, 60 feet to a point; THENCE North 66 degrees East along property now or fonnerly of Ralph McNatt and Grace R. McNatt, his wife, 38.9 feet to a point on the southerly line of Walnut Street; THENCE along said line of Walnut Street North 66 degrees East 44.3 feet to the place of BEGINNING. UNDER AND SUBJECT to the right of Ralph D. McNatt and Grace R. McNatt, his wife, to the right of passage over a right-of-way 12 feet in width from Third Street to the southem line of the premises of said McNatts, being 312 Walnut Street, in common with grantee and its successors and assigns. TRACT NO.1 is improved with a two-story brick office building. TRACT NO.2 is subject to restrictions contained in Deed of Eliza H. McDonald and others to Alma T. Sawyer dated October 10,1921 and recorded in Deed Book "Ln, Volume 9, Page 58, Cumberland County records. BEING the same premises which Cumberland County Industrial Development Authority, by its Deed dated June 16, 1987 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book "T", Volume 32, Page 410, granted and conveyed to Lemoyne Development, the within Mortgagor. TRACT NO.3: BEGINNING at a point in the northerly boundary line of Market Street, said point being 50 feet West of the property line on Third Street (fonnerly Church of Rossmoyne Street); THENCE in a westerly direction along Market Street, a distance of 30 feet to a point; THENCE at right angles ina northerly direction along the lands formerly of the Mrs. Church Keller Estate, 155.45 feet to a point in the south em boundary line of a 20 foot alley; THENCE in an easterly direction along said 20 foot alley a distance of 30 feet to a point; ~ THENCE at right angles in a southerly direction along other land formerly of Lemoyne Trust Company, now Dauphin Deposit Bank and Trust Company, 155.45 feet to a point, the place of BEGINNING. HAVING a frontage of 30 feet on Market Street and extending northwardly an even width of 155.45 feet to a 20 foot alley. UNDER AND SUBJECT to the restrictions, covenants, reservations and rights-of-way of prior record. BEING the same premises which F. Larry Maykavich and James M. Brody, Co- Partners, tla Maykovich and Brody, by their Deed dated August 15,1991 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book "G", Volume 35, Page 731, granted and conveyed to Lemoyne Development, the within Mortgagor. . . . _,_..,._.,____.._,_~__,_.._._._.._._.__,__________._.___._____._~~.__ n -----..------.-..---" "--... .._~"..".~._._..,__~,___ 'i~~ _ N D ~ ~ ~ ~ '"' rr' J (':) ~ ~ . () ?f:~. ;~i\ ~.::, 0--- ...:_.. -.;::1 (E: i~1 \ "-~ - o .-() :;.", - - 0'