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HomeMy WebLinkAbout95-01015 - ros e.~it~ v: D e Y\i\ \ ~ ~ C. f'\id.+ Ge~~~\~o~+~~~o~ J:n~ OOS866-00020/Fcbrual)' 27. 199511RDIDKU41856 STIPULATION AGAINST LIENS Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. MLD 1995 PROSPERITY DEVELOPMENT COMPANY, v. 9$'-/0/5/'11-/) CR #- fie,) .,&'-#- ,;l;) (;5& DENNIS 1. SCHMIDT GENERAL CONTRACTOR, INC. d/b/a SHANE CONSTRUCTION GROUP, Contractor WHEREAS, PROSPERITY DEVELOPMENT COMPANY, a Pennsylvania general partnership, of 2525 North Seventh Street, P.O. Box 5967, Harrisburg, Dauphin County, Pennsylvania, 17110-5967, hereinafter called "Owner". has executed a Standard Form of Agreement Between Owner and Contractor ("Agreement") with DENNIS J. SCHMIDT GENERAL CONTRACTOR. INC.. d/b/a SHANE CONSTRUCTION GROUP, a domestic corporation, with its principal place of business at 5256 East Trindle Road. Mechanicsburg, Pennsylvania, hereinafter called "Contractor" for construction of a restaurant facility containing approximately four thousand five hundred (4,500) square feet, being an addition to the Plaza 21 Shopping Center, located in East Pennsboro Township, Cumberland County, Pennsylvania, which said restaurant facility is to be constructed upon real estate situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: .. BEGINNING at an iron pin on the northeast corner of Lot #I-B on the hereinafter described Final Subdivision Plan on the western line of Lot No.2; thence continuing along the northern line of said Lot # I-B South 77 degrees 45 minutes West a distance of 450.99 feet to a point; thence continuing along the same South 74 degrees 10 minutes 00 seconds West a distance of 150.00 feet to a point on the eastern legal right- of-way line of North 21st Street (S.R. 1006); thence continuing along the same North 12 degrees 15 minutes 00 seconds West a distance of 212.05 feet to a point; thence North 77 degrees 45 minutes 00 seconds East a distance of 90.00 feet to a point; thence North 12 degrees 15 minutes 00 seconds West a distance of 150.00 feet to a point on the southern line of lands now or late of Holy Spirit Hospital of the Sisters of Christian Charity; thence along the same North 77 degrees 45 minutes 00 seconds East a distance of 591.00 feet to a point at the northwest corner of Lot #2; thence along the western line of Lot #2 South 12 degrees IS minutes 00 seconds East a distance of 332.04 feet to a point, the place of BEGINNING. 005866-00020IFcbruary 27, 1995/JRDIDKL/4IBS6 BEING Lot No. I-A, Final Resubdivision Plan of Prosperity Development Company, dated October IS, 1986, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 51, Page 136. NOW, THEREFORE, TillS AGREEMENT WITNESSETH: That the said Contractor, for and 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, for itself and Its subcontractors, and all parties acting through or under Contractor and its subcontractors, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the restaurant addition, the existing Plaza 21 Shopping Center building and the above described real estate or on account of any work done or materials furnished by them or any of them under said Agreement or otherwise. for. towards. In, or about the erection and construction of the restaurant facility and other improvements to be constructed on the real estate above described and the said Contractor, for itself, its 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 restaurant addition, Plaza 21 Shopping Center building and the real estate above described, and agree that this instrument, waiving the right of lien, shall be an Independent covenant. WITNESS, our hand and seals this27';ay ofFt4-",w7 ' 1995. WITNESS: Owner: PROSPERITY DEVELOPMENT COMPANY: By: /1.). E- ~L Nich~as D. Hughelf, Manager Contractor: DENNIS J. SCHMIDT GENERAL CONTRACTOR,INC., d SH E CONSTRUCTION GROUP Dennis J. Sch A TrEST: ~L~~ /SuedW (Assis nt) S retary ..--' (CORPORATE SEAL) , ~ ~ ,'" ~ c:; ~.., ~~ [~ ~,' ... l -[ ~ l'.) :r;tll'~ > -.J ~ ~ " c\ ~:~. );-; \ r ._~, ; r J:,. Q..J ._. U:C: .'1 ~ ,... lo," ,~)..,.. C> V ..t. ,",:'!' (; C'l ~ ...~: ~~". -" c;:... ~ ::;\.. = '1 ..(:';, ~ " . , I' I I I I i I I I I I I I I I I