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Home My WebLink About00-04858 - ,< ," _1 '. .. WHEATLAND CUSTOM HOMES, INC., Owner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WHEATLAND CUSTOM HOMES, INC., Contractor, NO. to - <V~g'" /I1--L-)) STIPULATION AGAINST LIENS WHEREAS, WHEA TLAND CUSTOM HOMES, INC., of 447 Granite Run Drive, Lancaster, Pennsylvania, is about to execute contemporaneously herewith, a contract with WHEA TLANO CUSTOM HOMES, INC. of 447 Granite Run Drive, Lancaster, Pennsylvania, for the erection of a dwell ings upon the lots off land situate as follows: ALL THOSE CERTAIN lots or tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1 BEGINNING at a point on the southern right-of- way line of Woodmyre Lane at the dividing line of Lot #T -44 and Lot #T -43, said point also being located 265.09 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by line of Lot #T-44, South 11 degrees 00 minutes 27 seconds East, 141.09 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right-of- way line of Valley Street, South 77 degrees 32 minutes 56 seconds West, 73.83 feet to a point; thence by the line of land now or formerly of Mary W. Sheehan, North 01 degree 10 minutes 06 seconds West, 139.41 feet to a point; thence by the same, South 77 degrees 30 minutes 49 seconds West, 160.00 feet to an iron pin; thence by the line of land now or formerly Marion H. Stoneroad, North 01 degree 10 minutes 06 seconds West, 66.80 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right-of-way, South 59 degrees 56 rninutes 02 seconds East, 28.84 feet to a point; thence by same by curve to the left having a radius of 150.00 feet and an arc length of 107.53 feet, said curve also having a chord bearing and distance of South 80 degrees 28 minutes 14 seconds East, 105.24 feet to a point; thence continuing by the southern right-of-way line of Woodmyre Lane, North 78 degrees 59 minutes 33 seconds East, 77.98 feet to a point at the dividing line of Lot #T -44 and Lot #t-43, the place of BEGINNING. CONTAINING 12,381 square feet. . -~~-'.". - w._,,=,~. C<''"'' , ".H"'~'___"'=~"""""""~,,~ '" " <., ,~ -'.r:j ", '. '. BEING Lot #T-43 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. UNDER AND SUBJECT, NEVERTHELESS, to a 10-footwide Pedestrian Easement as shown in the above-mentioned Subdivision Plan. TRACT NO.2 BEGINNING at a point on the southern right-of- way line of Woodmyre Lane at the dividing line of Lot #T-45 and Lot #T-44, said point also being located 245.09 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by line of Lot #T -45, South 11 degrees 00 minutes 27 seconds East, 141.23 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right-of- way line of Valley Street South 77 degrees 32 minutes 56 seconds West, 20.01 feet to a point at the dividing line of Lot #T-43 and Lot #T-44; thence by the line of Lot #T-43, North 11 degrees 00 minutes 27 seconds West, 141.09 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right-of-way, North 78 degrees 59 minutes 33 seconds East, 20.00 feet to a point at the dividing line of Lot #T-45 and Lot #T-44, the place of BEGINNING. CONTAINING 2,817 square feet. BEING Lot #T-44 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. TRACT NO.3 BEGINNING at a point on the southern right-of- way line of Woodmyre Lane at the dividing line of Lot #T-46 and Lot #T-45, said point also being located 225.09 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by line of Lot #T-46, South 11 degrees 00 minutes 27 seconds East, 140.22 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right-of- way line of Valley Street, South 77 degrees 32 minutes 56 seconds West, 20.01 feet to a point at the dividing line of Lot #T -44 and Lot #T -45; thence by line of Lot #T -44, North 11 degrees 00 minutes 27 seconds West, 141.23 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right-of-way, North 78 degrees 59 minutes 33 seconds East, 20.00 feet to a point at the dividing line of Lot #T -46 and Lot #T -45, the place of BEGINNING. CON1AINING 2,807 square feet. - 2 - / " -<"n,"'''_, . '", ""," ~r..~"~' ,'~' ..,,",,"b'''' ,.,__ >" 0" -., '~';""',,' '<J-""""'- '.--. -'''0;_'''-' "''',,",,' ~~, ~"'.h, " ,_-' '_;, -, '. BEING Lot #T-45 on the Final Subdivision Plan for Westwood Hills Phase III , , recorded in Plan Book 81, Page 54. TRACT NO.4 BEGINNING at a point on the southern right-of- way line of Woodrnyre Lane at the dividing line of Lot #T -47 and Lot #T -46, said point being located 201.09 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by line of Lot #T-47 South 11 degrees 00 minutes 27 seconds East, 139.62 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right-of-way line of Valley Street, South 77 degrees 32 minutes 56 seconds West, 24.01 feet to a point at the dividing line of Lot #T-45 and Lot #T-46; thence by the line of Lot #T-45, North 11 degrees 00 minutes 27 seconds west, 140.22 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right-of-way, North 78 degrees 59 minutes 33 seconds East, 24.00 feet to a point at the dividing line of Lot #T -47 and Lot #T -46, the place of BEGINNING. CONTAINING 3,356 square feet. BEING Lot #T-46 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book, 81, Page 54. TRACT NO.5 BEGINNING at a point on the southern right-of- way line of Woodmyre Lane at the dividing line of Lot #T-48 and Lot #T-47, said point also being located 177.09 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by line of Lot# T -48, South 11 degrees 00 minutes 27 seconds East, 139.01 feet to a point on the northern right-of-way line of Valley Street, thence by the northern right-of- way line of Valley Street, South 77 degrees 32 minutes 56 seconds West, 24.01 feet to a point at the dividing line of Lot #T-46 and Lot #T-47; thence by line of Lot #T-46, North 11 degrees 00 minutes 27 seconds West, 139.62 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right-of-way, North 78 degrees 59 minutes 33 seconds East, 21.76 feet to a point; thence by same by a curve to the right having a radius of 125.00 feet and an arc length of 2.24 feet, said curve having a chord bearing and distance of North 79 degrees 30 minutes 19 seconds East, 2.24 feet to a point at the dividing line of Lot #T -48 and Lot # T- 47, the place of BEGINNING. CONTAINING 3,342 square feet. - 3 - ->.~--".-"~ ~ . -, "-"-'"".....~. ~ ' "'. ,; .. , '. BEING Lot #1-47 on the Final Subdivision Plan for Westwood Hills Phase III , , recorded in plane Book 81, Page 54. TRACT NO.6 BEGINNING at point on the southern right-of- way line of Woodmyre Lane at the dividing line of Lot #T -49 and Lot #T -48, said point also being located 156.97 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by line of Lot #T -49, South 11 degrees 00 minutes 27 seconds East, 136.38 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right-of- way line of Valley Street, South 77 degrees 32 minutes 56 seconds West, 20.01 feet to a point at the dividing line of Lot #T-47 and Lot #T-48; thence by line of Lot #T-47, North 11 degrees 00 minutes 27 seconds West, 139.01 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right-of-way by a curve to the right having a radius of 125.00 feet and an arc length if 20.12 feet, said curve having a chord bearing and distance of North 84 degrees 37 minutes 43 seconds East, 20.10 feet to a point at the dividing line of Lot #T-49 and Lot #T-48, the place of BEGINNING. CONTAINING 2,758 square feet. BEING Lot #T-48 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. TRACT NO.7 BEGINNING at a point on the southern right-of- way line of Woodmyre Lane at the dividing line of Lot #T-50 and Lot #1-49, said point also being located 136.24 feet northwest of the northern extremity of an arc connecting the southern right-of-way line of Woodmyre Lane and the northern right-of-way line of Valley Street; thence by the line of Lot #T-50, South 11 degrees 00 minutes 27 seconds East, 130.51 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right- of-way line of Valley Street, South 77 degrees 32 minutes 56 seconds West, 20.01 feet to a point at the dividing line of Lot #T -48 and Lot #1-49; thence by line of Lot #T -48, North 11 degrees 00 minutes 27 seconds West, 136.38 feet to a point on the southern right-of-way line of Woodmyre Lane; thence by said right of way by a curve to the right having a radius of 125.00 feet and an arc length of 20.73 feet, said curve having a chord bearing and distance of South 86 degrees 00 minutes 35 seconds East, 20.71 feet to a point at the dividing line of Lot #T-50 and Lot #T-49, the place of BEGINNING. CONTAINING 2,675 square feet. - 4 - "' ~-"~'" ., "~."' ",,,.~", '"....-,"".- ~ .,^- ",~- ~',,' -"""",~,;'-' """"" '"'-' ",;' ,,, '% .. . BEING lot #T-49 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. TRACT NO.8 BEGINNING at a point on the northern extremity of an arc connecting the northern dedicated right-of-way line of Valley Street(S.R. 1004) and the western dedicated right-of-way line of Woodmyre lane; thence by the southern right-of- way line of Woodmyre lane by a curve to the right, having a radius of 25.00 feet and an arc length of 42.04 feet, said curve also having a Chord bearing and distance of South 29 degrees 22 minutes 11 seconds West, 37.26 feet to a point on the northern right-of-way line of Valley Street; thence by the northern right-of-way I ine of Valley Street, South 77 degrees 32 minutes 56 seconds West, 57.48 feet to a point at the dividing line of lot #T-49 and lot #T-50; thence by the line of lot #T -49, North 11 degrees 00 minutes 27 seconds West, 130.51 feet to a point on the southern right-of-way line of Woodmyre lane; thence by said right-of-way line by a curve to the right having a radius of 125.00 feet and an arc length of 136.24, said curve also having a chord bearing and distance of South 50 degrees 02 minutes 03 seconds East, 129.60 feet to a point, the place of BEGINNING. CONTAINING 7,927 square feet. BEING lot #T-50 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. BEING THE SAME premises which Westwood ~Is Associates, llC, a Pennsylvania limited liability company, by its deed dated the 'lJ. day of june, 2000 and to be recorded simultaneously herewith, granted and conveyed unto Wheatland Custom Homes, Inc., a Pennsylvania Corporation, MORTGAGOR herein. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restrictions and Covenants in Misc. Book 607, page 1045, and Amendment to Declaration in Mise. Book l.>'-j ~ Page ~Q:},-and to conditions, restrictions, easements and rights-of-way record. NOW, the ')3. ~ day of june, 2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said WHEATlAND CUSTOM HOMES, INC., to the said WHEATLAND CUSTOM HOMES, INC. to commence work on the said building, or purchase materials for the same in consideration ofthe making ofthe said contract with WHEA TLAND CUSTOM HOMES, INC. and the further - 5 - '. .. o consideration of One Dollar, to WHEATLAND CUSTOM HOMES, INC. paid by WHEATLAND CUSTOM HOMES, INC., it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, 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 for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF BY: BY: - 6 - ~., ~ - -." &1;'1 , I , , ~