The URL can be used to link to this page

Home My WebLink About97-00809 STIPULATION AGAINST LIENS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL~~Iih n ~; -J Oil -,., 'j?' fO'1 fl1 /...() .u,- [:]' -, '!., No, f> ::'"~ r- I l.. 0.'. :,LJ ~";, :~ ::.J ~..~! )i') -", :,.) :jnl THIS STIPULATION is made this r;b,^,c~~ /8 ,1997," r~ j WHEREAS, Wesley Mews Limi:ed Partnership of Jenkintown, Pennsylvania ("Owner") and Vanguard Homes, Inc, of Jenkintown, Pennsylvania ("Contractor") have executed on ;;tvo,<t".:;) 18"" ,1997 certain contracts designated "Abbreviated Form of Agreement between Owner and Contractor" (the "Contracts") by which Contractor agrees to provide general construction services to Owner for the following: WESLEY MEWS LIMITED PARTNERSHIP, Owner vs, VANGUARD HOMES, INC" Contractor A, Site improvements on the real estate consisting of a 5,836 acre tract known as Wesley Mews Condominium subdivision, Lower Allen Township, 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 Wesley Mews Condominium; and B. General construction services for the construction of 40 townhome units all to become part of the Wesley Mews Condominium on the property owned by the Owner consisting of a 5,836 acre tract and located in Lower Allen Township, Cumberland County, Pennsylvania as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference, which Contracts, together with all amendments, supplements, extensions, substitutions and replacements thereof is referred to herein as the "Contracts", Intending to be legally bound hereby, the parties hereto agree and acknowledge that, at the time of and immediately before the execution of the Contracts, and before any authority has been given by the said Owner to the said Contractor to commence work on the 1U725t, .1 J , \ { said site improvements ~r building construction, or purchase materials for the same, ~n consideration of the making of the Contracts with Owner and the further consideration, receipt of which is hereby acknowledged, provided to Contractor by Owner, Owner agrees on its own behalf and on behalf of all subcontractors or others who provide work or materials under the Contracts, 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 construction of the buildings under the Contracts, Owner'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, 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: WESLEY MEWS LIMITED PARTNERSHIP By: ELG, Inc" its General Partner ~'~~JI~ Title: A -- . By: By: CTOR: VANGU RD HOMES, INC, 17 -) (~ (.,' P'l U ,i{ L...-J-. 101256.1 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF bFt(!r., ss, '/( On this, the I f5 day of F..f.",u Hi? 'I. ' 1997, before me, the undersigned officer, a notary public in and for said county and state, personally appeared r #k,;' ~. r..-/t, oS ~{A- , known to me (or satisfactorily proven), who acknowledged himself to be a duly authorized officer of ELG, INC" a corporation, general partner of Wesley Mews Limited Partnership, and that he 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 partnership as such officer of said general partner, IN WITNESS WHEREOF, I have hereunto set seal, my hand and notarial tlhffv:j, Pubfic Notary COMMOffi'lEALTH OF PENNSYLVANIA) ss, COUNTY OF BFt({/C, On this, the If/I day of P"!J('v'HI! ,/ , 199~, before me, the undersigned officer, a notary publlc in and for said county and state, personally appeared 5Jhnyrt A/~hI'~t?f'-f1 , known to me (or satisfactorily proven), who acknowledged himself to be a duly authorized officer of VANGUARD HOMES, INC" a corporation, 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 by himself as such officer, IN WITNESS WHEREOF, I have seal, hereunto set my hand and notarial NO,"iY43RC~ . , I _ _ ~_rlQTkN!ALSEAL , nO,:Et1' , ;.. Tt'tEFTZ. N(JUty Pubhc I t r . "', I.xi.!. M()nt~('rn[or I c~. LM.L~~~~;~~.:~'" r, "", 'oJ :"; '.,..,7 10";!~f>. 1 ALL THOSE CERTAIN tracts or parcels of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows. PARCEL ONE. TRACT NO, l: BEGINNING at an iron pin in the center of a public road known as the Sheely Road, at the corner of Land of O,F. Klinedinst; thence South forty five (45) dsgrees forty five (45) minutes West along the land of the said O,F, Klinedinst three hundred ninety and fifty six one-hundredths (390,56) feet to a post; thence North forty five (45) degrees fifteen (l5) minutes West along land now or formerly of Charles H, Shuler and Floy R, Shuler, his wife, of which this parcel was formerly a part, three hundred ninety and five tenths (390,5) feet to an iron pin in the center of the public road aforesaid; thence South forty five (45) degrees thirty (30) minutes East along the center line of said road, seventy five (75) feet to an iron pin, the place of BEGINNING, Containing sixty seven one-hundredths of an acre. TRACT NO, 2: BEGINNING at a corner of land now or formerly of O,E, Klinedinst; thence along lands now or formerly of O,E, Klinedinst North Forty Seven (47) degrees West, two hundred forty four and twenty nine one-hundredths (244,29) feet to an iron pin; thence along other lands of Grantor South forty three and one- half (43-l!2) degrees West, three hundred forty and seventy three (340,73) feet to a point at lands now or formerly of O,L, Landis; thence along said lands of O,L. Landis South forty seven (47) degrees East, two hundred forty four and twenty nine one-hundredths (244,29) feet to the lands of John Shelley's heirs; thence along said last mentioned lands North forty three and one-half (43-l!2) degrees East, three hundred forty and seventy-three one- hundredths (340.73) feet to the point of BEGINNING, PARCEL TWO: TRACT NO. l: BEGINNING at an iron pin at the corner of lands now or formerly of William R, Over; thence North 47 degrees West 209,46 feet to a stone at lands now or formerly of the Sipe Farm; thence along said Sipe Farm South 43-l!2 degrees West 340.73 feet to a point at lands now or formerly of O,L. Landis; thence along said lands of O.L, Landis South 47 degrees East 209.46 feet to the corner of other lands now or formerly of William R, Over; thence along said last mentioned lands North 43-l!2 degrees East, 340,73 feet to an iron pin, the place of BEGINNING, TRACT NO.2: BEGINNING at a pin in the center of a public road, known as Sheely Road; thence South 46 degrees 45 minutes West along land now or formerly of Albert Sipe, 388,58 feet to a stone; thence along other lands now or formerly of William R, Over South 45 degrees l5 minutes East, 209.46 feet to an iron pin; thence along other lands now or formerly of William R, Over North 45 degrees l5 minutes East, 390.50 feet to an iron pin in the center of Sheely Road; thence North 45 degrees 30 minutes West through the center of Sheely Road, 202.53 feet to an iron pin, the place of BEGINNING, EXCEPTING AND RESERVING that portion of the above described premises which was the subject to condemnation proceedings for the widening of Legislative route in Book 0-23 page 285. BEING the same premises which Richard O. Bayliss and Nancy A, Bayliss, husband and wife, by their deed dated February ____, 1997 and intending for recording in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania. granted and conveyed unto Wesley Mews Limited Partnership. E>:Hisn "