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Home My WebLink About07-0720 ll..t>. 0 1. '7:lc It/] 1-.. b 77-. STIPULATION AGAINST LIENS THIS AGREEMENT made the b -t1.. day of I=ebrl.t4 rj 2007, by and between Yingst Homes, Inc., a Pennsylvania corporation, hereinafter referred to as Contractor, and Fishing Creek Valley Associates, L.P., hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct certain infrastructure, residential dwellings, and other improvements on that certain tract or parcel of ground situate in Hampden Township, Cumberland County, Pennsylvania, locally known as Mountain View Road at Stroup Circle, and being part of the premises granted and conveyed unto Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership, by deed from Ivan J. Miller and Tammy S. Miller, his wife, dated April 4, 2006, and recorded on April 7, 2006, in Deed Book 273, Page 455 I; by deed from Dwayne Deimler a/k/a Dwayne A. Deimler and Karen A. Deimler, husband and wife, dated March 23, 2006, and recorded on March 28, 2006, in Deed Book 273, Page 3576; by deed from Curtis L. Stroup and Leslie A. Rahauser, husband and wife, dated March 13, 2006, and recorded on June 9, 2006, in Deed Book 275, Page 304; and by deed from Lee Roy Sawyer and Kathryn R. Sawyer, husband and wife, dated April4, 2006, and recorded on April 7, 2006, in Deed Book 273, Page 4554. Less and except that tract or parcel of land Fishing Creek Valley Associates, L.P. conveyed to Ivan J. Miller and Tammy S. Miller, his wife, by Deed dated April 4, 2006, as recorded on June 9, 2006 in Deed Book 275, page 296 in the Office of the Recorder of Deeds in and for Cumberland County. Also, less and except that tract or parcel ofIand Fishing Creek Valley Associates, L.P. conveyed to Lee Roy Sawyer and Kathryn A. Sawyer, husband and wife, by Deed dated April 4, 2006, as recorded on June 9, 2006 in Deed Book 275, Page 300 in the Office of the Recorder of Deeds in and for Cumberland County, more fully described in Exhibit "A" attached hereto and made a part hereof, 1 NOW THEREFORE, WIlNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said improvements on the tract or parcel above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said improvement or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this fa"!:: day of ~b,..",-b'"..f ' 2007. Signed, Sealed and Delivered in the presence of ATTEST: {21 ( ~~ OWNER Fishing Creek Valley Associates, L.P. a Pennsylvania limited partnership . ard E. ingst, Jr., President ofREY, INC., its sole general partner :iJ c~ CONTRACTOR YINGST HOMES, INC., a Pennsylvania corporation 2 COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this ~-1> day of fiJJ:"lt4/Y. ' 2007, before me, the undersigned officer, personally appeared Richard E. Yingst, Jr., who acknowledged himself to be the President ofREY, Inc., a Pennsylvania corporation, which corporation is the sole General Partner of Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership, and that he as such officer, authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as said officer in the corporation's capacity as the sole General Partner of, and as authorized by, the Partnership. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ~/t~ U~~ Notary Public My Commission Expires: COMMONWEALTH OF PENNSYlVANIA NoIarlal Seal Frank A. Zelko, Notary Public East Pennsboro Twp,. Clmberland County My CommIssIon Expires July 11,2010 Member. Pennlylvanla A"oelatlon of Notaries :ss COUNTY OF DAUPHIN On this JtJ1J day off0~, 2007, before me, the undersigned officer, personally appeared Richard E. Yingst, Jr., who ac owledged himself to be the President of Yingst Homes, Inc., a Pennsylvania corporation, and that he as such officer is authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as said officer. In witness whereof, I hereunto set my hand and official seal. ~~;y~ otary.Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NoIariaI Seal 3 Frank A. Zelko, Notary Pubic East P8M8bolO Twp., Cumberland County My CommIIIIan Explrea July 11, 2010 Member. P.nnlylvanla AlIOClIatlon of Notarlea EXHIBIT" A" ALL THA T CERTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with the Revised Preliminary / Final Subdivision Plan for Grand Meadows prepared by Alpha Consulting Engineers, Inc" dated October 20, 5005, last revised on February 22, 2006, and recorded on May 17, 2006, in Cumberland County Plan Book 92, Page 68 (hereinafter referred to as the "Plan"), as follows: BEGINNING at a point on the line oflands now or formerly of Harrison Rodkey, said point being the southernmost point of a tract ofland conveyed by Lee Roy Sawyer and Kathryn A. Sawyer, husband and wife, to Fishing Creek Valley Associates, L.P. by Deed dated April 4, 2006, and recorded in Cumberland County Deed Book 273, Page 4554; thence through the right-of-way of Mountain View Road (50' R-O-W) North 77 degrees 57 minutes 59 seconds West, a distance of 105.98 feet; thence through the same North 76 degrees 47 minutes 11 seconds West, a distance of 114.68 feet; thence along Lot 3A, as depicted on Plan, North 07 degrees 33 minutes 31 seconds East, a distance of 5.02 feet (erroneously shown as 4.61 feet on the Plan); thence along the same the following eleven courses and distances: (1) South 76 degrees 48 minutes 12 seconds East, a distance of24.95 feet; (2) Along a curve to the left having a radius of25.00 feet, an arc length of 39.43 feet, a chord bearing of North 58 degrees 01 minutes 06 seconds East and a chord length of35.47 feet; (3) North 12 degrees 50 minutes 23 seconds East, a distance of28.13 feet; (4) Along a curve to the right having a radius of 175.00 feet, an arc length of 48.46 feet, a chord bearing of North 20 degrees 46 minutes 24 seconds East (erroneously shown as South 20 degrees 46 minutes 24 seconds West on the Plan) and a chord length of 48.31 feet; (5) North 61 degrees 17 minutes 36 seconds West, a distance of 70.56 feet; (6) North 07 degrees 33 minutes 31 seconds East, a distance of363.63 feet; (7) North 84 degrees 00 minutes 34 seconds West, a distance of64.82 feet; (8) Along a curve to the left having a radius of 25.00 feet, an arc length of 34.83 feet, a chord bearing of South 56 degrees 04 minutes 21 seconds West and a chord length of32.08 feet; (9) Along a curve to the right having a radius of 60.00 feet, an arc length of 51.96 feet, a chord bearing of South 40 degrees 57 minutes 50 seconds West and a chord length of 50.35 feet; (10) South 28 degrees 28 minutes 01 seconds West, a distance of33.97 feet; (11) South 22 degrees 39 minutes 51 seconds West, a distance of 140.41 feet; Thence along other lands now or formerly ofIvan J. Miller and TammyS. Miller, North 77 degrees 34 minutes 08 seconds West, a distance of 152.19 feet; thence along lands of an unknown owner, the following four courses and distances: (1) North 06 degrees 34 minutes 08 seconds West, a distance of 146.00 feet; 4 (2) North 06 degrees 25 minutes 52 seconds East, a distance of257.00 feet; (3) South 84 degrees 52 minutes 52 seconds East, a distance of 155.43 feet; (4) North 08 degrees 10 minutes 31 seconds East, a distance of214.11 feet; Thence along Lot lA, as depicted on the Plan, the following seven courses and distances: (1) South 87 degrees 53 minutes 29 seconds West, a distance of 0.04 feet; (2) North 16 degrees 59 minutes 04 seconds West, a distance of 144.41 feet; (3) North 87 degrees 53 minutes 29 seconds East, a distance of370.21 feet; (4) South 33 degrees 36 minutes 20 seconds East, a distance of316.62 feet; (5) North 57 degrees 57 minutes 21 seconds East, a distance of 138.88 feet; (6) North 40 degrees 40 minutes 08 seconds West, a distance of 118.32 feet; (7) North 56 degrees 23 minutes 40 seconds East, a distance of 46.62 feet; (8) North 85 degrees 00 minutes 38 seconds East, a distance of231.08 feet; Thence along lands now or formerly of Van & Patsy Milbrand South 36 degrees 32 minutes 49 seconds East, a distance of 150.80 feet to an iron pin; thence along Lot 2A, as depicted on the Plan, the following eight courses and distances: (1) South 60 degrees 48 minutes 26 seconds West, a distance of 19.50 feet; (2) South 06 degrees 55 minutes 36 seconds West, a distance of 82.62 feet; (3) Along a curve to the right having a radius of 60.00 feet, an arc length of 107.01 feet, a chord bearing of South 06 degrees 55 minutes 36 seconds West and a chord length of93.38 feet; (4) South 06 degrees 55 minutes 36 seconds West, a distance of386.91 feet; (5) South 86 degrees 29 minutes 34 seconds West, a distance of 141.11 feet; (6) South 03 degrees 30 minutes 26 seconds East, a distance of 50.00 feet; (7) North 86 degrees 29 minutes 34 seconds East, a distance of 9.49 feet; (8) South 03 degrees 30 minutes 26 seconds East, a distance of 151.04 feet; Thence along lands now or formerly of Connee Hempt and lands now or formerly of Michael & Teresa Strittmatter, South 85 degrees 47 minutes 25 seconds West, a distance of 277.67 feet (erroneously shown as 289.66 feet on the Plan) to an axle; thence along lands now of formerly of Harrison Rodkey, North 78 degrees 02 minutes 55 seconds West, a distance of 117.15 feet to an iron pin; thence along the same South 03 degrees 42 minutes 05 seconds West, a distance of 159.39 feet to the place of BEGINNING. CONTAINING 788,959 square feet or 18.11 acres. BEING all of the tract or parcel shown on the Plan. The herein described tract or parcel results from the combination of portions of four separate parcels formerly owned by the following: Dwayne A. Deimler and Karen A. Deimler; Ivan J. Miller 5 j , and Tammy S. Miller; Lee Roy Sawyer and Kathryn A. Sawyer; and Curtis L. Stroup and Leslie A. Rahauser. A portion of the land formerly owned by Dwayne A. Deimler and Karen A. Deimler (the "Deimler Tract") being the same premises which Dwayne Deimler, also known as Dwayne A. Deimler, and Karen A. Deimler, husband and wife, conveyed to Fishing Creek Valley Associates, L.P. by Deed dated March 23,2006, as recorded on March 28,2006 in Deed Book 273, Page 3576 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. LESS AND EXCEPT that tract or parcel ofland Fishing Creek Valley Associates, L.P. conveyed to IvanJ. Miller and Tammy S. Miller, his wife, by Deed dated April 4, 2006, as recorded on June 9, 2006 in Deed Book 275, page 296 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. ALSO LESS AND EXCEPT that tract or parcel of land Fishing Creek Valley Associates, L.P. conveyed to Lee Roy Sawyer and Kathryn A. Sawyer, husband and wife, by Deed dated April 4, 2006, as recorded on June 9, 2006 in Deed Book 275, Page 300 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. A portion of the land formerly owned by Ivan J. Miller and Tammy S. Miller (the "Miller Tract") being the same premises which Ivan J. Miller and Tammy S. Miller, his wife, conveyed to Fishing Creek Valley Associates, L.P. by Deed dated April 4, 2006, as recorded on April 7, 2006 in Deed Book 273, Page 4551 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. A portion of the land formerly owned by Lee Roy Sawyer and Kathryn A. Sawyer (the "Sawyer Tract") being the same premises which Lee Roy Sawyer and Kathryn A. Sawyer, husband and wife, conveyed to Fishing Creek Valley Associates, L.P. by Deed dated April 4, 2006, as recorded on April 7, 2006 in Deed Book 273, Page 4554 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. A portion of the land formerly owned by Curtis L. Stroup and Leslie A. Rahauser (the "Stroup Tract") being the same premises which Curtis L. Stroup and Leslie A. Rahauser, husband and wife, conveyed to Fishing Creek Valley Associates, L.P. by Deed dated March 13,2006, as recorded on June 9, 2006 in Deed Book 275, Page 304 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 6 rf - ""7 c.c> ~. ~ ~ ~ ~ ,f . r ~, ~ 1'. ~" 0\0 ...... h ~ ,J' ~ o ~~: ,....., t::=> ("..:=J- --' -., rrl OJ I en r) ~n --4 :C.... n1r::! -0 IT; -(IV ~~~. s;~\ -;"1 2 i~~: ;. :, fr. '.-.j ~ ~J ~-<..: f',.) .. r-