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HomeMy WebLinkAbout00-00087 , PINEHURST HILLS, LP., a PA Limited Partnership, equitable owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owners, v. SPRINGFIELD CONTRACTORS, INC. Contractor, NO. M.L.D. 1999 ~OoO - P 7" mt..)) ~ -- -- - -----. STIPULA nON AGAINST LEINS WHEREAS, Albert A Watts. Jr" fee simple owner of deed dated November 10, 1992, reccrded November 13, 1992, in the Cumberland County Reccrder of Deeds Office in Deed Book Z-35, page 431 by Robert C. Borden, Jr. and Rodney L. Krebs, General Partners of Pinehurst Hills, LP., equitable owners by Agreement of Sale, of 2171 Tall Oaks Lane, York, Pennsylvania (collectively the "Owners"), have executed or are about to execute contemporaneously herewith a contract with, Springfield Contractors, Inc. of 2lJO Seaks Run Rd" Glen Rcck, Pennsylvania (the "Contractor"), for construction of infrastructure on and other improvements to (collectively the "Improvements") a tract of land known as Watts Tract, Smith Drive, Hampden Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, De<:e.... h.... f€ r1t1999, before any authority has been given by the Owners to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchasers by or through any subcontractors or materialmen, and in consideration of the making of said contract with the Owners and the further consideration of One ($1,00) Dollar, to the Contractor paid by Owners, 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 any of the materialmen or "" . ,/ workmen or any other person for any labor, or materials purchased, 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 of the Contractor, that the right to file a mechanic's lien, under the provisions 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, WITNESS: OWNERS: PINEHURST HILLS, L.P, :?A'~~/~ zj Robert C, Borden, Jr" Generai Partn ;t., $-~ ebs, General Partner ATTEST: - CONTRACTOR: ~.~#(L _ __ -PI_~~~U~.;..,/W"- /~~~\f'ir:r €"- ';". ~~ .~.."._._~ i.;, ~'<-'" ~ .t'~'~8~'<:')'-"'" -~' -_ ~.. ~ - _~.c ~-_" "".r '''''.- :f=-'f"-ji ~P:;l~~2~~ '~~~ ~....j:.~l~l"""", '-f' ~,;~~~(; ..-:c' "~~.. ~9$._..... Springfield Contractors, Inc, ,,;~p/~L Preside . .ot by: WIX WENGER WEIDNER. , 12/01/99 14:42; Jedax #388;Page 6/6 ..1' 7172344224; . EXHIBIT A Metes and bounds I~gal description rur parc~l to 00 produced and examined in accordance with new plan b<ling prepared. The property is situat~ along Good Hope Road. Snuth DriVl: and Interstate 81 in Hampden Township. Cumberland Count)'. Pemls)'lvauia and known as Tax Pm-eel No. lO-15-1282-()()1. containing 60 acres. more or less. The property is located on the nOM and south sides of Smith Drive. A portion of the properl)' is shown as Lot No.1 on the Final Subdivision Plan of Lot No.2 [or Albert A and Deloris Z. WattS, Jr. as prepllred by Whittock & HllItman dated August 19, 1988. recorded December 23. 1988 in Cwnberland County Plan Book 57, Page 16. In adchtioll to Lot No. I as shown on said Plan, the propt'Ity contains udditionalland east of said Lot No.1, between Lot No, I and Good Hope Road. all as shown on p;m:el No. -Ion Tax Map 10-1.5-1282. < . H,EQ-:OfR~E Ci' T! If r'15ntJ:OTMY 00 JMI-5 PH ~: 03 U' ,.. r"'" ." 'r Cr,',r,,"IV C 1;'\'i~~L.;J1L,' ,:'<IJ JUI\), i \ FENr~SY!.vN'J;A ,f/'/6.60, PeL Lv'I'f, ~OLc::/.- 6::b~ Q ~S-.;xy~ 1<..511: P?'T 7S . /", i i I