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Home My WebLink About00-01042 ""-,;, .,' > ,"';cO__ " '~.-- ,-,"<~- -- -" , -~'- ;~ ~ ,,~. - , "" ";"_:':.":-~~j;;.,L,,~:,;:-;"oi.:,,:, ____-' '--~i .. " f' STIPULATION AGAINST LIENS DICKINSON GREENE LIMITED PARTNERSHIP Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~OOO - lo/.{/J.. mJ..]) 't~ VANGUARD HOMES, INC., Contractor THIS STIPULATION is made this f<~""'r 2 ~ , 2000. WHEREAS, Dickinson Greene Limited Partnership of Jenkintown, Pennsylvania ("Owner") and Vanguard Homes, Inc. of Jenkintown, Pennsylvania ("Contractor") have executed on January 24, 2000 two contracts, both designated "Abbreviated Form of Agreement" between Owner and Contractor, together with all amendments, supplements, extensions, substitutions and replacements thereof (collectively, the "Contract") by which Contractor agrees to provide general construction services to Owner for the following: A. Site improvements in Phase II of the Dickinson Green Subdivision, Borough of Carlisle, Cumberland County, PA as more fully described in the legal description attached hereto as Exhibit A and incorporated by reference (the "Real Estate") consisting of installation of streets, curbing, storm sewer, and other improvements required by any municipal authority, and as provided in the plan of Dickinson Green; B. The construction of improvements on the Real Estate known as Phase II of the Dickinson Green Subdivision, consisting of the construction of 27 town home units and all related improvements as provided in the subdivision/land development plan for the subject Real Estate. Intending to be legally bound hereby, the parties hereto agree and acknowledge that, at the time of and immediately before the execution of the Contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said site improvements or building construction, or purchase materials for the same, in consideration of the making of the Contract with Owner and the further consideration, receipt of which is hereby acknowledged, provided to Contractor by Owner, Contractor agrees on its own behalf and on behalf of all subcontractors or others who provide work or materials under the Contract, that no mechanic's lien or other lien shall be filed against the Real Estate or any improvement, structure or building thereon, nor on any part or portion of any of the foregoing by the Contractor, or any subcontractor, nor by any of the material men or workmen or any other person for any labor or materials purchased, or extra labor or materials purchased in furtherance of the site improvements or in the 156950 ... ---,'-, ~' ", "-'''-;;;''-1 ,,,' ., .<" ,,' <"-'_~_:'_-~__ .<f,~""=-,,,___ ';;'''d.:'~ .. " construction of the buildings under the Contract; Contractor's right to file such liens is hereby expressly waived, on its own behalf and on behalf of all subcontractors, material men, laborers and all others who supply work or materials to the Real Estate. In order to give the Owner full power and authority to protect himself, the lot or lots of ground, and the building or buildings, and the curtilage or curtilage appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through him or if in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, it, or any of them, in any such Court and in his or their name or names, mark satisfied of record at the cost and expense of the Contractor or of any Subcontractor or Materialman, any and all claim or claims, lien or liens (in the name of the Contractor or any Subcontractor or anyone else acting under or through him) any pleading or instrument, or any amendment to the pleading or instrument previously filed by him or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the Court, Term, and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself and for them does hereby remise, release, and quitclaim all rights and all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument, or amendment, or in any way concerning them. This Stipulation is intended to be recorded in the Office of the Prothonotary in and for Cumberland County, Pennsylvania. WITNESS, our hands and seals the day and year aforesaid. OWNER: DICKINSON GREENE LIMITED PARTNERSHIP By: ELG, INC., its General Partner By: ~~~ ?ritie.~~~~ , CONTRACTOR: VANGUARD HOMES, INC. By: ~~~~. 156950 _.J' . ,- ,;" , ___ __,": __"" --~ - --'i(,,<,,- l: '" " '__' ; :- ',~,~ -'c,,;'-,-_~,___ ,',_ ;,__,',J_"- ,~:,,,/:;,,_c,:_::_;~,J;_,.,,~,iil.I",~_;,,;J;'---; '--", ".;t \ COMMONWEALTH OF PENNSYLVANIA COUNTY OF bu-/{s ss. On this, the bl?> day of ~nt~ ' 2000, before me, the undersigned officer, a notary public in and for s Id county and state, personally appeared Edwin L. Glasgow, known to me (or satisfactorily proven), who acknowledged himself to be a duly authorized officer of ELG, INC., , a Pennsylvania business corporation and General Partner of Dickinson Greene Limited Partnership, and that he as such officers being duly authorized to do so, executed the foregoing Stipulation Against Liens for the purposes contained therein by signing the name of the corporation as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARIAL SEAL . ~ I Mary J Foster. Notary Pubhc ~ . D uphin County DerrY Twp" a S t 22 2001 Notary Pu Ii My (:Drrd.r-~,~:~~ EY~lfeS ... ep_~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF brKS ss. On this, the ,,~ day of f.;tbn'\Jlr~ ' 2000, before me, the undersigned officer, a notary public in and for sai county and state, personally appeared E'dl.Uin ~. C,IQS~u.J ,known to me (or satisfactorily proven), who acknowledged hims f/herself to be a duly authorized officer of Vanguard Homes, Inc., a corporation, and that he/she as such officer being duly authorized to do so, executed the foregoing Stipulation Against Liens for the purposes contained therein by signing the name of the corporation by himself/herself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. "".."","- N~k Mary J. FOSler, Notary Public Derry Twp" Dauphin County My Commi~sion Expires Sepl, 22. 2001 156950 " , ,"- - ~ - ., - -<~-- ~ck'"L" - : --, '~ "",.", ",----',,-:,.;.,,--',.-"",-' - ;-:~<,:,.:/b~--:~~~-<:"", _" - y_, _ ;,,' ~:-<;~-'~<j 'cO " EXHIBIT A DICKINSON GREEN - PHASE II LEGAL DESCRIPTION BEGINNING at a point on the southern right-of-way line of White Birch Lane, said point being located approxirnately 55 feet southwest of the centerline intersection of White Birch Lane and Taunton Drive and being on the northern property line of lot No. 24 of Dickinson Green Phase I. Thence along the southern right-of-way of White Birch Lane South 760 19' 51" West a distance of 124.43 feet to a point. Thence along other lands of Dickinson Green Phase I, South 13040' 09" East a distance of 94.61 feet to a point. Thence along the same South 140 10' 56" East a distance of 197.47 feet to a point. Thence along other lands of Dickinson College, the future phases of Dickinson Green, the following 21 courses: 1) South 750 49' 04" West a distance of 390.00 feet to a point; 2) North 140 10' 56" West a distance of 165.00 feet to a point; 3) North 720 46' 07" East a distance of 34.85 feet to a point; 4) North 200 23' 51" West a distance of 112,17feet to a point; 5) Along a curve to the left having a Radius of 2,470.00 feet and an Arc Length of 75.90 feet; 6) North 230 19' 46" West a distance of 198,12 feet to a point; 7) Along a curve to the right having a Radius of 2,596.41 feet and an Arc Length of 17.51 feet; 8) North 220 56' 36" West a distance of 198.09 feet to a point; 9) Along a curve to the right having a Radius of 2,530.00 feet and an Arc Length of 95.31 feet; 10) North 260 23' 33" West a distance of 799.96 feet to a point; 11) South 630 36' 27" West a distance of 351.63 feet to a point; 12) North 260 10' 58" West a distance of 10.00 feet to a point; 13) North 63 36' 27" East a distance of 1004.88 feet to a point; 14) South 130 20' 39" East a distance of 10.27 feet to a point; 15) South 630 36' 27" West a distance of 590.97 feet to a point; 16) South 260 23' 33" East a distance of 675.14 feet to a point; 17) North 630 36' 27" East a distance of 100.76 feet to a point; 18) North 720 23' 57" East a distance of 130.22 feet to a point; 19) North 540 51' 31" East a distance of 58.69 feet to a point; 20) North 760 19' 51" East a distance of 165.00 feet to a point; 21 , c', ,. ""'_ ,,,-. ,n '" ,,~ "..~ -'~'~..'~,<--<,'-"I,-,--~ """<-_.' ^,'_ ;'--0 ,~, ;'--'-''''~'' ~:'-'"';"' '_7" C'__'", ',,,,- '.' ..;,.. ,,~,~i.-_ '~~ :_-" "e_'-_) "\,- '-,. -_"', ;---,_ii :,,,.d.. -,- ~;:,-~,--~. .~ , '.,:01' . . ~ , . 21) South 700 56' 40" East a distance of 64.76 feet to a point; Thence along Lot No, 72 of Dickinson Green Phase I, South 050 55' 10" West a distance of 132.67 feet to a point on the northern right-of-way line of Woodward Drive. Thence along said right-of-way line South 760 19' 51" West a distance of 44.63 feet to a point. Thence crossing Woodward Drive, South 130 40' 09" East a distance of 60.00 feet to a point on the southern right-of-way line of Woodward Drive. Thence along said right-of-way line, South 760 19' 51" West a distance of 14.67 feet to a point. Thence along Lot No. 66 of Dickinson Green Phase I, South 090 46' 50" East a distance of 129.76 feet to a point. Thence along Lot No. 67 of Dickinson Green Phase I, South 250 09' 47" East a distance of 77.08 feet to a point. Thence along Lot No. 48 of Dickinson Green Phase I, South 130 40' 09" East a distance of 85.00 feet to a point on the northern right-of-way line of White Birch Lane. Thence along said right-of-way line, North 760 19' 51" East a distance of 85.52 feet to a point. Thence crossing White Birch Lane South 130 40' 09" East a distance of 60.00 feet to a point on the southern right-of- way line of White Birch Lane, THE PLACE OF BEGINNING. CONTAINING 10.25 acres 22 ,t,;-, -,-~ .. . . -" ~ " -. -~ ' >. ~_C" '-- , , ~' -', (0 It- -.0 ...... -.....[ ~ - f' -.() ~ ~ ~ ~ o . o ~ f! r ~ p;-- 3 t r g, -n ril ~; r-"-) ,-" ~---- 'fIJ ~ . " J , !'~ ,0