HomeMy WebLinkAbout96-02692
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STIPULATION AGAINST j,IENS
The undersigned contractor furnishing services, labor or
materials, known as MARBAIN ASSOCIATES, L.L.P., a Pennsylvania
limited liability partnership (the "Contractor") intending to be
legally bound, and in consideration of the sum of ONE AND NO/lOO
DOLLAR ($1,00) to it in hand paid by MAX D. MARBAIN, an adult
individual ("Owner") the l'eceipt whereof is hereby acknowledged,
for itself and any subcontractol's, materialmen, laborel"S or
anyone else acting through 01' under it, covenants and agrees that
no mechanics or materialmen's liens or claims shall be filed or
maintained by it, them or any of them, against the real estate
described in Schedule "1\", attached hereto and made a part
hereof, or against any buildings or othel' improvements thereon
(jointly and severally, the "Real Estate"), for or on account of
any work to be done or materials furnished under the principal
contract between Owner and Contractor, dated May 15, 1996, or
under any supplemental contract, verbal or written, or contract
for extra work or materials relating to and work to be done or
material furnished under said principal contract. The
undersigned, for it6elf, its subcontractors, materialmen,
laborers and anyone else acting or claiming through or under it,
hereby waives and relinquishes all right to file a mechanics'
lien, claim or notice of intention to file any lien or claim
against the Real Estate,
The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting under or through it,
hereby irrevocably authorizes and empowers any attorney of any
court of competent jurisdiction of the Commonwealth of
Pennsylvania, or elsewhere, to appeal' as attorney for it, them or
any of them, in any such court and, in its or their name or
names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or
instrument, or any amendment to any pleading or instrument
previously filed by it or them, to incOl'porate therein as part of
the record this waiver and for Buch act or acts this waiver shall
be good and sufficient wan'ant and authodty, and the undersigned
for itself, and for them, does hereby l'emi se, release and
quit-claim all rights and all manlWI' of el'l'ors, in filing such
pleading, instl'Ump.nt or amendment, 01' in any way concerning them.
Owner shall have the abflolut', d~lht in itu nal1le or in the
name of the undersigned 01' any nt h"I' ent i t Y 01' pel'son who shall
have filed a cia im or I i en, to (',HUll' 'lilY ilnll all Buch claims or
liens to be discharged by any 0\.11"1' ilwtlUl1Il'nt, pleading or
proceeding permitted at' law 01' in "'tuity.
.
ALL Ihe following cenain 10ls or parcels of land situate in East Pennsboro
Township, Cumbcrland County, Pennsylvania, bounded and described as follows, to wit;
TR^CTNO 1:
BEGINNING at a poinl on the eastern side ofCounlry Club Road, at the dividing
line between Lot Nos, Q-4 and Q-5 on the hereinafter mentioned Plan of Lots; thence along said
dividing line, North 89 degrees 46 minutes 20 seconds East, a distance of314.36 feet to a point;
thence North 20 degrecs 28 minutes 47 seconds We.lt, a distance of 100,57 feet to a point at the
dividing line of Lot Nos, Q-5 and Q-6, on the hereinafter mentioned Plan of Lots; thence along the
line of Lot No, Q-6, South 79 degrees 55 minutes 38 seconds West, a distance of285.54 feet to a
point on the eastcrn line of Country Club Road; thence along the eastern line of Country Club Road,
by a cUlVe to the right, having a radius of 580,00 feet and an arc length of 45.58 feet to a point, the
point and PLACE OF DEGINNING,
CONTAINING 21,266.43 square feel.
BEING Lot No, Q.S on the Filla! Subdivision Plan known 8.9 Flon"bunda Heights,
Phase m, dated 4122/96, and recorded in the office of the Recorder of Deeds, in and for the County
of Cumberland, in Plan Book 72, Page 36,
UNDER AND SUBJECT to a portion of a 16 foot Conunon Access ~v"'~t
along the southern lot line as shown on the hereinafter mentioned Plan of Lots,
TRACT NO. 21
BEGJNNING at a point on the eastern side of Country Club Road at the dividing
line of Lot Nos. Q.5, and Q-6 on the hereinafter mentioned Plan of Lotsj thenee along the said
dividing line, North 79 degrees SS minutes 38 seconds East. a distance of28S,54 feet to I point;
thence North 20 degrees 28 minutes 47 seconds West, a distance of36,60 feet to a point at the
dividing line of Lot Nos, Q-6 and Q.7 on the hereinafter mentioned Plan of Lots; thence along the
line of said Lot No. Q-7, South 79 degrees 55 minutes 38 seconds West, a distance of276.69 feet
to a point on the eastern line of Country Club Road; thence along the eastern Une ofCounlly Club
Road, by a curve to the right having a radius of580,OQ feet, and an arc length of36,08 feet to a point,
the point and PUCE OF BEGINNING.
CONTAINING 10,113,39 square feet.
BEING Lot No. Q.6, on the Filla! Subdivision plan known as Fton"bunda HeIghts,
Phase m, dated 4/22/96, and recorded In the Office ofthe Recorder ofDeeds in and for the County
ofCumberJand, In Plan Book 72, Pa8e 36,
SCHEDULE A
TRACT NO.3:
BEGINNING at a point on the eastern line of Country Club Road, at the dividing
line orLot Nos. Q-6 and Q-7 on the hereinafter mentioned Plan of Lo15; thence along the said
dividing line, North 79 degrees 55 minutes 38 seconds East, a distaru:e of 276,69 feet to a point;
thence North 20 degrees 28 minutes 47 seconds West, a distance of36.60 fect to a point at the
dividing line of Lot Nos, Q- 7 and Q-8 on the hereinafter mentioned Plan of Lots; thence along the
said dividing line, South 79 degrees 55 minutes 38 seconds West, a distance of270.08 feet to a point
on the eastern line of Country Club Road; thence along the eastern line of said Country Club RoIId,
by a ClINe to the right having a radius of580,OO feet, and an arc length of36.01 feet to a point, the
point and PLACE OF BEGINNING.
CONTAINJNG 9835.09 square feet.
BEING Lot No, Q-7, on the FUlal Subdivision Plan known as Ronounda Heights,
Phase m, dated 4122196, and recorded in the Office of the Recorder of Deeds, in and for the County
ofCumbcrland in Plan Book 72, Page 36,
TRACT NO.4:
BEGINNING at a point on the eastern line of Country Club Road, at the dividing
line of Lot Nos. Q_ 7 and Q-8 on the hereinafter mentioned Plan of Lots; thence along said dividing
line, North 79 degrees 55 minutes 38 seconds East, a distance of270,08 feet to a point; thence North
20 degrees 28 minutes 47 seconds West, a distance of36,60 fect to a point at the dividing line of Lot
Nos, Q-8 and Q-9 on the hereinafter mentioned plan oClots; thence along said dividing line, South
79 degrees 55 minutcs 38 seconds West, a distance of 265.71 feet to a point on the eastcm line of
Country Club Road; thence along the eastern line of said Country Club Road by a curve to the right,
h&ving a radius of580.00 feet, and an arc length of36.08 feet to a point, the point and PLACE OJ!
BEGINNING.
CONTAINING 9637,34 square feet.
BEING Lot No, Q.8, on the Ftnal Subdivision Plan mown as Flon"bunda Heights,
Phase m, dated 4/22196, and recorded in the Office of the Recorder ofDecds, in and for the County
of Cumberland, in Plan Book 72, Page 36,
TRACT NO. 5:
BEGlNNlNG at a point on the eastem line of Country Club Road, at the dividing
line of Lot Nos, Q.8 and Q-9 on the hereinafter mentioned Plan ofLot5; thellce along said dividing
line, North 79 degrees 55 minutes 38 seconds East, a distance of265.71 feet to a point; thence North
20 degrees 28 minutes 47 seconds West, a distance of 99,37 feet to a point at the dividing line of tot
Nos, Q-9 and Q-I0 on the hereinafter mentioned Plan of Lou; thence along said dividing line, South
67 degrees 51 minutes 18 seconds West, a distance of259,21 feet to a point on the eastern Iino or
Country Club Road; thence along said eastern line of Country Club Road by a cwve to the right
having a radius of580,OO feet, and an arc length of 44,36 feet to a point, the point and PLACE OF
BEGINNING.
CONTAINING 18,702,01 square feet.
BEING lot No. Q-9, on the rll1a1 Subdivision Plan known as Flonounda Heights,
Phase m. dated 4122196, and recorded In the Office of the Recorder of Deeds, in and for the County
of Cumberland, in Plan Book 72, Page 36.
UNDER AND SUBJECT to a portion of a 16 foot Common Access Euement
along the nonhero lot line as shown on the hereinafter mentioned Plan of loIS.
TRACT NO.6:
BEGINNING at a point on the eastern line of Country Club Road, at the dividing
line of Lot Nos. Q-9 and Q-I0 on the hereinafter mentioned Plan of lots; thence along said dividing
line, Nonh 67 degrees S7 minutes 18 seconds East, a distance of259.21 feel to a point; thence North
38 degrees 02 minutes 40 seconds West, a distance of76.11 feet to a point at the dividing line of Lot
Nos. Q-IO and Q-ll on the herelnaf\cr mentioned Plan of loIS; thence along said dividing line, South
61 degrees S4 minutes 34 seconds West, a distance of239.66 feet to a point on the eastern line of
Country Club Road; thence along the said eastern line of Country Club Road by a curve to the right
having a radius ofS80.00 feet, and an arc length of47.94 feet to a point, the point and PLACE OP
BEGINNING.
CONTAINING 15,178.13 square feet.
BEING Lot No. Q-I0, on the rll1a1 Subdivision Plan Icnown as Flonounda Heights,
Phase Ill, dated 4/22/96, and recorded in the Office of the Recorder ofOeeds, in and for the County
of Cumberland, in Plan Book 72, Page 36.
UNDER AND SUBJECT to a portion of a 16 foot Common Access Easernent
along the southern lot line as shown on the hereinafter mentioned Plan of Lots.
TRACT NO. 7~
BEGINNING at a point on the eastern line of Country Club Road, at the dividing
line of Lot Nos. Q-I0 and Q-ll on the hereinafter mentioned plan oClots; thence along sald dividing
line, Nonh 61 degrees S4 minutes 34 seconds East, a distance of 239.66 feel to a point; thence North
38 degrees 02 minutes 40 seconds West, a distance of36.S5 feet to a point at the dividing line of Lot
Nos. Q-ll and Q-12 on the hereinafter mentioned Plan of LoIS; thence along said dividing line, South
61 degrees 54 minutes 34 seconds West, a distance of232.23 feet to a point on the eastern line of
Country Club Road; thence along said eastern line of Country Club Road by a curve to the right,
having a radius of 580.00 feet, and an arc length of36.02 feet to a point, the point and PLACE or
BEGINNING.
CONTAINING 8,487.27 square feet.
BEING Lot No. Q-ll, on the rlll8l Subdivision Plan known as F1on"bwldaHelshtl,
Phase m. dated 4/22196, and recorded in the Office ofthe Recorder of Deeds, In and for the County
of Cumberland, In Plan Book 72, Page 36.
.-10
TRACT NO.8:
BEGINNING at a point on the eastern line of Countly Club Road, at the dividing
line of Lot Nos. Q-ll and Q-12, on the hereinafter mentioned Plan of Lots; thence along aid dividing
line, North 61 degrees 54 minutes 34 seconds East, a distance of232.23 feet to a point; thence Nonh
38 degrees 02 minutes 40 seconds West, a distance of36.55 feet to a point at the dividing line of Lot
Nos. Q-12 and Q-13 on the hereinafter mentioned Plan of LoU; thence along said dividing line, South
61 degrees 54 minutes 34 seconds West, a distance of 227.03 feet to a point on the eastern line of
Country Club Road; thence along the eastern line of said Country Club Road by a curve to the right.
having a radius of580.00 feet, and an arc length of36.02 feet to a point, the point and PLACE OP
BEGINNING.
CONTAINING 8,259.83 square feet.
BEING Lot No Q-I2, on the Final Subdivision plan known u Floribunda Heights,
Phase m, dated 4122/96, and recorded In the Office of the Recorder of Deeds, In and for the County
of Cumberland, in Plan Book 72, Page 36.
TRACT NO.9:
BEGINNING at a point on the eastern side of Country Club Road at the dividing
line of Lot Nos. Q-12 and Q-13 on the hereinafter rnentloned Plan of LoU; thence along said dividing
line, Nonh 61 degrees 54 minutes 34 seconds East, a distance of227.03 feet to a point; thence North
38 degreea 02 minutes 40 seconds West, a distance of79.08 feet to a point at the dividing line of Lot
Nos. Q-lJ and Q-14 on the hereinafter mentioned Plan of Lots; thence along said dividingl.ine, South
S3 degrees 43 minutes 45 seconds West, a distance of220.38 feet to a point at the eastern line of
Country Club Road; thence along cutern line of sald Country Club Road by a curve to the right,
having a radius of 580.00 feet, and an arc length of 46. 79 feet to a point, the point and PLACE OF
BEGINNlNG.
CONTAlNING 13,976.04 square feel.
BEING Lot No. Q-13, on the rmal Subdivision plan known u F1on'bunda Heights,
Phuc m. dated 4/22/96, and recorded In the Office of the Recorder of Deeds, in and for the County
of Cumberland, In Plan Book 72, Page 36.
UNDER AND SUDJEcr to a portion ora 16 foot Common Access Easement
along the nonhem lot line as shown on the hereinafter mentioned Plan of LOll.
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