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Home My WebLink About97-02362 J1A. q1~ J 3(.~ M j..,1J 'It..v- STIPULATION AGAINST LIENS The undersigned contractor furnishing services, labor or materials, known as MARBAIN ASSOCIATES, L.L.P., a Pennsylvania limited liability partnership (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by MAX D. MARBAIN, an adult individual ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or other improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated May 6, 1997, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate, The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them, Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity, , SCHEDULE "II" PIIGE 1 OF 2 ALL the following certain lots or parc:cls of land situate in East Pennsboro Township, CumberlAnd COWlty, PellllS)'lvanla, bounded and described lIS follows, to wit; TRACT NO 1: BEGINNING at a point on the eastern side ofCounlJy Club Road, at the dividing line between Lot Nos. Q-I and N.I ou the hereinafter mentioned Plan of Lots; thence along said dividins line and within the bed ofa sanitary sewer right~f.way and common access CIlSement, South 79 degrees 13 minutes 04 seconds East, 262.D3 feet to a point at land now or formerly of Lloyd Cobaugh; thence along the line of said land, North 68 degrees 34 minutes 36 seconds East, 150.69 feet to a point at the line of Lot No, Q-2 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 79 degrees 13 minutes 04 seconds West, 352.57 feet to a point on the eastern line oCCounIry Club Road; thence along the right-oC-way lille of said CounUy Club Road, South 10 degrees 50 minutes 00 seconds West, 57.06 fi:et to a point, the point and place ofBEGINMNG, CONTAINING 16,137,07 square feet. BEING Lot No. Q-l on the FmaI Subdivision Plan known as F10ribunda Heights, P!we m. Section A dated 4/22196, and recorded in the office oCthe Recorder ofDceds, in and for the County ofCumbcrland, in Plan Book 72, Page 36. TRACT NO, 2: BEGINNING at a point on the eastern side of Country Club Road at the dividing tine of Lot Nos. Q-l, and Q-2 on the hereinafter mentioned Plan of Lots; thence along the said dividing IiDe, South 79 degrees 13 minutes 04 seconds East, 352.57 feet to a point; thence North 68 degrees 34 mm.1!~ 36 seconds East, 43.63 feet to a point at the lands now or formerly of Russel C. BuIup; thcace along said lands, North 20 degrees 28 minutes 47 seconds West, 14.91 feet to a point at the dividing line of Lot Nos. Q-2 and Q-3 on the hereinafter mentioned Plan of Lots; thence along the line of said Lot No, Q-3, North 79 degrees 13 minutes 04 seconds West, 382.67 feet to a point on the eastern line of Counny Club Road; thence along the eastern line oCCountry Club Road by a curve to the right having a radius of 580.00 feet and an arc length of33.23 feet to a point; thence continuing along the said line ofColUltJy Club Road, South 10 degrees SO minutes 00 seconds West, 2,79 Ceet to a point at the dividing line between Lot Nos. Q-l and Q-2, the point and place of BEGINNING. CONTAINING 14,184.10 square feet. BEING Lot No. Q-2, on the FUll! Subdivision plan Icnown lIS F10ribunda Heights, Phase m. Section A dated 4/22/96. and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, in Plan Book 72, Page 36. TRACT NO.3: BEGINNING at a pom on the eastern line of CounUy Club Road, at the dividing line of Lot Nos. Q-2 and Q-3 on the hereinafter mentioned Plan of Lots; thence along the said dividing line. South 79 degrees 13 minutes 04 seconds East, 382.67 feet to a point; thence North 20 SCHEDULE "A" PAGE 1 OF 2 degreeS 28 min'Jtes 47 second, East, 42.11 feet to a point at the dividlng wie of Lot Nos. Q-3 and Q-4 on the ben::inafter mentioned Plan of Lots; thence along the said dividing line, North 79 degrees 13 minutes 04 seconds East, 363.97 feet to a point on the eastern line of Country Club Road; thence along the eastern 6ne ofsaid CountIy Club Road by a QlI'Ve to the right having a radius of 580,00 feet and an arc length of36.14 feet to a point, the point and IJlacc of BEGINNING. CONTAINING 14,199,09 squarefcet. BEING Lot No, Q-3, on the Fmal Subdivision Plm known as Flon'bwula Heights, Phase m. Section A dated 4/21196, and recorded in the Office of the Recorder of Deeds, in and for the County of Cwnberland in Plan Book 72, Page 36. TRACT NO.4: BEGINNING at Il point on the eastern line ofCounuy Club Road, at the dividing IiIIe of Lot Nos. Q-3 and Q-4 on the hereinafter mentioned Plan of Lots; thence along said dividing IiIIe, South 79 degrees 13 minutes 04 seconds East, 363,97 feet to a point; thence North 20 degrees 28 mm..tes 47 seconds West, 119.45 feet to a point at the dividing line of Lot Nos. Q-4 and Q-5 on the hereinafter mectioned Plan ofLots, at the (eDter line of a 16 foot wide common access casement; theDc:e along said dividing line and along the center line of said common access e;osewent, South 89 degrees 46 minutes 20 sec~lJ(js West, 314.36 feet to a point on the eastern line of CoUlltIy Club Road; thence along the eastern line of said CoW1lIy Club Road by a curve to the right having a radius of 580.00 feet and an arc length of 42.59 feet to a point, the point and place of BEGINNING. CONTAINING 25,259.66 square feet. BEING Lot No, Q-4, on the F"ma1 Subdivision Plan known as Floribwula Heights, Phase m, Section A dated 4/22196, and recorded in the Oflice of the Recorder ofDecds, in and for the County of Cumberland, in Plan Book 72, Page 36. ALL THE ABOVE LOTS BEING a part of the same premises which J, David Pealer, Wayne M. Pealer, Leroy A. Pealer and Helen Pealer Hof5nan by their deed dated January 22, 1988 and recorded in the Office of the Recorder ofDceds, in and for the County of Cum bed and, in Deed Book, D Volume 33, Page 952, granted and conveyed unto Floribunda Assotiates Limited Partnenhip, Grantor berein. UNDER AND SUBJECl', nevertheless, to certain conditions and restrictions as set forth in the Declaration of Covenants and Restrictions for the Townes of F1oribunda, dated Januuy 30, 1997, end recorded in Misc. Book 539, Page 1067. ALL OF THE ABOVE LOTS UNDER AND SUBJECf to a 30 foot Sanitary Sewer Right-of-Way and Common Access Easement and a 30 foot wide buffer as shown on the above mentioned Subdivision Plan. i' d .... .. J ~):- ,," .,.\::; '\J ~ ... ~ .2 J ~ f [ <rf ~ ("') r (:) .-" I.' n -, C-' _. tl- , ., ~t. - :)~ ~; :t: ,)~ I ~ r.: '-0 )5! ()7 I ~. (j) a:1~ ; >- i.l~ .,.~ '-~ fl.:.- "" 'tH.U :c :",10.. ~ r- ~ .::> en U