HomeMy WebLinkAbout02-3582 STIPULATION AGAINST LIENS
THIS AGREEMENT made this // day of ~_ , 2002, by and
between R.S. MOWERY & SONS, INC., a Pennsylvania Corporation,
hereinafter referred to as Contractor,
BELVEDERE ASSOCIATES, hereinafter referred to as Owners, whereby
the contractor undertook and agreed to erected and construct a
dwelling on the certain lot of ground situate in Cumberland County,
Commonwealth of Pennsylvania, and more fully described in Exhibit
"A" which is attached hereto and made a part hereof known as 850
Walnut Bottom Road, Carlisle, CLumberland County, PA.
NOW THEREFORE, TH. IS AGREEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement afores~~l~_~h.i, mself or themselves and its, his
or their subcon.~rac~Q~%~?~'.:~l '~s acting through or under
~ehe~,l lCe~Veonran~a~nntda-~nger~eb;h~"or~ ~.{v4 ~ 'fs tlhie%n%~arin%ltai~e Sshaail ~
buildings and the lot of ground appurtenant 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 itself, himself or
themselves, its, his or 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 the day and year first above
SIGNED, SE/~ED AND DELIVERED · ·
IN THE PRESENCE OF :By:X~4~f~ce GL Rosendale~
ATTEST: :
Secretary :
Exhibit A
ALL THAT CERTAIN lot of ground located on the south side of Walnut Bottom Road in the
Borough of Carlisle, Cumberland County, Pennsylvania, as set forth in survey of Carol Bert dated
September 24, 1978; more particularly bounded and described as follows:
BEGINNING at a point on the south side of Walnut Bottom Road, which point is on the western line
of property heretofore conveyed by Roy H. Wenger, Widower, to REG, Inc., by Deed dated
September 28, 1964, and recorded in Deed Book 21J, Page 490; thence westwardly along the Walnut
Bottom Road by a curve to the left having a radius of 11,520.44 feet a distance of 259.71 feet to a
point; thence continuing along the south side of Walnut Bottom Road, South 57 degrees 15 minutes
30 seconds West a distance of 125.67 feet to a point at the curve at the intersection of the Walnut
Bottom Road and the exit ramp of Interstate Route 81; thence by said curve to the left having a
radius of 17 feet a distance of 39.76 feet; thence along said exit ramp, south 76 degrees 44 minutes 30
seconds east a distance of 527.74 feet to a point; thence along said exit ramp by a curve to the left
with a radius of I 106.23 feet a distance of 130.30 feet to a point; thence north 20 degrees 02 minutes
40 seconds east a distance of 4.23 feet to a point; thence along a line south 86 degrees 14 minutes 30
seconds east a distance of 71.60 feet to a point at line of lands now or formerly of Roy H. Wenger;
thence by said lands north 20 degrees 02 minutes 40 seconds east a distance of 239.63 feet to an iron
pin; thence north 86 degrees 14 minutes 30 seconds west a distance of 0.18 feet to a point; thence
westwardly along Belvedere Street by a curve to the right having a radius of 340.0 feet a distance of
69.82 feet to a point; thence westwardly along Belvedere Street by a curve to the right having a
radius of 340.0 feet a distance of 103.95 feet to a point at the corner of a lot owned by John G.
Loeffier, et al; thence along said lot south 29 degrees 01 minutes west a distance of 269.97 feet to a
point at the corner of said lot of John G. Loeffler, et al; thence by said property of John G. Loeffler,
et al, and now or formerly of said REG, Inc. north 28 degrees 26 minutes west a distance of 389.47
feet to a point the place of BEGINNING.
BEING approximately 3.151 acres.
TOGETHER with a right of way conveyed by John G. Loeffier, et al to Belvedere Medical Center,
Inc. by Agreement dated June 27, 1978 recorded December 9, 1978 in Misc. Book 240, page 70, more
particularly bounded and described as follows:
BEGINNING at a point on the southernmost boundary of said land owned by John G. Loeffler, et al,
being north 28 degrees 26 minutes west a distance of 23.06 feet from the southwest boundary line of
the above described tract; thence along said land of John G. Loeffler, et al, north 28 degrees 26
minutes west a distance of 50.0 feet to a point; thence along a line across said land of John G.
Loeffler, et al, south 84 degrees east a distance of 46.0 feet plus or minus to a point on the
southeastern boundary of said land; thence continuing along said boundary south 29 degrees 01
minutes west a distance of 45 feet to a point the Place of Beginning.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF &~/¢4~S
On this, the // dayof ~ ,2002, before me a Notary
Public, the undersigned officer, personally appeared Bruce G. Rosendale, who
acknowledged himself to be the Executive Vice President of R.S. Mowery & Sons,
Inc. and that he as such Executive Vice President being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing
the name of the said Corporation by himself as such Executive Vice President.
IN WITNESS WHEREOF, I her unto setc._~y h~~