HomeMy WebLinkAbout02-4531KING DRIVE
Owner,
SEBASTIANI BROS.
Contractor,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.STIPULATION AGAINST LIENR
WHEREAS, King Drive Corp. of 4503 North Front Street, Harrisburg, Pennsylvania, (the Owner),
has executed or is about to execute contemporaneously herewith a contract with Sebastiani Bros., a
Pennsylvania sole proprietorship, of 1021 Briarsdale Road, Harrisburg, Pennsylvania (the contractoF'), for
construction of roads and other improvements to (collectively the "Improvements") a tract of land known as
Tax Pamel No. 38-04-0369-017 Silver Spring Township, Cumberland County, Pennsylvania, more
particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof
(the "Premises").
NOW, September //~ , 2002, before any authority has been given by the Owner to the
Contractor to commence work on the Improvements, or to pumhase materials for the same, or to enter into
any contracts with any subcontractors or materialmen, or to authorize any pumhasers by or through any
subcontractors or materialmen, and in consideration of the making of said contract with the Owner and the
further consideration of One ($1.00)) Dollar, the Contractor paid by Owner, and with the intent of all parties
to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or
any part thereof, by the Contractor or any subcontractor, or by and of the materialmen or workmen or any
other person tor any labor, or materials pumhased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to file liens being
expressly waived.
it is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for
themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien,
under the previsions of law and/or of Acts of Assembly in such cases made and provided, for work done or
materials furnished in and about the construction of the Improvements to the Premises is hereby waived.
IN WITNESS WHEREOF, the Owner and Contractor have executed this Stipulation Against Liens
the day and year first above written,
ATTEST:
S~/~etary
(SEAL)//~
WITNESS:
OWNER:
King Drive Corp·
~ ~,~::~h~ard C. Angino, President
CONTRACTOR:
Sebastiani Bros·
By:
Frank S~ni, Owner
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land located along the east side of King Drive (T-590) north of the
Wertzville Road (S.R. 0944) in the Township of Silver Spring, County of Cumberland, Commonwealth of
Pennsylvania, more fully shown on the Major Subdivision Plan for Willow Drive Subdivision (formerly
known as King Drive Subdivision), recorded in Plan Book , Page , as prepared by Hartman &
Associates, more fully described as follows:
ENTIRE SUBDIVISION
BEGINNING at a p.k. nail on the easterly right-of-way line of King Drive (T-590), said nail being located
along the north side of the subject tract road frontage on the dividing line between adjoining lands now or
formerly of Tolbert J. Jr. and Frances T. Vogelsong; thence along the aforementioned land North seventy-
one degrees thirteen minutes forty-three seconds East (N 71 o 13 ....
43 E), a distance of two hundred ninety-
nine and ninety-six hundredths (299.96) feet to a rebar; thence continuing along same North eighteen
degrees forty-three minutes fifty-three seconds West (N 18° 43' 53" W), a distance of one hundred ninety-
nine and ninety-nine hundredths (199.99) feet to a rebar; thence leaving the aforementioned lands of Tolbert
Vogelsong, and thence along lands now or formerly of Sylvan L. and Helen V. Vogelsong, North seventy-
one degrees sixteen minutes forty-four seconds East (N 71 o 16' 44" E), a distance of two hundred eighteen
and thirteen hundredths (218.13) feet to a rebar, the Benchmark for the referenced plan survey, thence
continuing along same North zero degrees twenty-nine minutes zero seconds East (N 00° 29' 00" E), a
distance of one thousand five hundred thirteen and thirty-four hundredths (1513.34) feet to a fence post;
thence continuing along same North zero degrees five minutes zero seconds East (N 00° 05' 00" E), a
distance of five hundred sixty-three and nine hundredths (563.09) feet to a point; thence continuing along
lands now or formerly of Ronald Crandy the following five (5) courses and distances: 1) South eighty-nine
degrees fifty-five minutes zero seconds East (S 89° 55' 00" E), a distance of six hundred forty-three and
sixty-one hundredths (643.61) feet to a rebar; 2) thence along a fifty (50) foot wide area connected to the
private right-of-way cul-de-sac to be known as Willow Lake Drive South zero degrees five minutes zero
seconds West (S 00° 05' 00" W), a distance of three hundred seventy and fourteen hundredths (370.14) feet
to a rebar on the terminus of the right-of-way for Willow Lake Drive; 3) thence along a curve, curving to the
right, having a radius of fifty (50) feet and an arc length of fifty-two and thirty-six hundredths (52.36) feet to
a rebar; 4) thence leaving said right-of-way terminus and along the fifty (50) foot wide area North zero
degrees five minutes fifty-five seconds East (N 00° 05' 55" '
E), a distance of three hundred seventy and
fourteen hundredths (370.14) feet to a rebar; 5) thence South eighty-nine degrees fifty-five minutes zero
seconds East (S 89° 55' ), a distance of three hundred fifty-one and ninety-nine hundredths (351.99)
00'E '
feet to a point; thence leaving lands of Ronald Crandy and along lands now or formerly of William Breen,
South zero degrees forty-nine minutes fifty-two seconds West (S 00° 49' 52" W), a distance of one thousand
eight hundred sixty-two and seventy hundredths (1862.70) feet to a rebar; thence continuing along lands
now or formerly of Ronald E. Ryan South seven degrees nineteen minutes thirty seconds East (S 07° 19'
30" E), a distance of two hundred fifty and zero hundredths (250.00) feet to a point; thence continuing along
lands now or formerly of Walter J. Vogelsong, South seventy degrees thirty-eight minutes thirty-six seconds
West (S 70° 38' 36" W), a distance of eight hundred ninety-five and nineteen hundredths (895.19) feet to a
rebar; thence along same, South twenty degrees twenty-one minutes forty-four seconds East (S 20° 21' 44"
E), a distance of two hundred thirty and twenty-four hundredths (230.24) feet to a rebar; thence continuing
along lands now or formerly of Joanne C. Voglesong South seventy-four degrees twenty-one minutes fifty
seconds West (S 74° 21' 50" W), a distance of five hundred ten and thirty-two hundredths (510.32) feet to a
railroad spike in the easterly right-of-way line of King Drive (T-590); thence along the right-of~way line of
King Drive, North thirty-nine degrees twenty minutes six seconds West (N 39° 20' 06" W), a distance of
three hundred twenty-nine and nineteen hundredths (329.19) feet to a point; thence along same North twenty
degrees four minutes twenty-three seconds West (N 20° 04' 23" W), a distance of eighty and five
hundredths (80.05) feet to a p.k. nail; being the place of BEGINNING.
BEING also known as Lot B on Plan of King Drive, recorded in Plan Book 49, Page 114.
This property to be known as Subdivision for Willow Lake, Silver Spring Township, Cumberland County,
Pennsylvania when Subdivision Plan placed of record in Cumberland County Plan Book , Page __
consisting of seventeen (17) subdivided lots. '
FOR INFORMATION ONLY: Said total gross tract area contains 60.45 acres. An area of proposed
dedicated right-of-way along the east side of King Drive (T-590) is shown on the referenced plan. Said
right-of-way area contains 25,051.49 square feet (0.575 acres) and is more fully described on Dedication
plats for.the Roadway Realignment Right-of-Way. A total of seventeen (17) lots are shown on the plan
comprising approximately 56.34 acres (gross); the remaining approximately 4.11 acres is included in the
proposed private street right-of-way for Willow Drive.
TAX PARCEL NO. 38-04-0369-017
ASSESSED VALUE: Land only $201,960