HomeMy WebLinkAbout97-03295
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STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or
person furnishing services, labor or materials, known as R & L
CONSTRUCTION COMPANY, a Pennsylvania corporation (the
"Contractor") intending to be legally bound, and in consideration
of the sum of ONE AND NO/lOa DOLLAR ($1,00) to it in hand paid by
TIMBER CHASE ASSOCIATES, a Pennsylvania limited partnership
("Owner") the receipt whereof is hereby acknowledged, for itself
and any subcontractors, materialmen, laborers or anyone else
acting through cr 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 Contraetor, dated June 11, 1997, or
under any supplemental eontract, verbal or written, or eon tract
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 aeting 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 subeontractors,
materialmen, laborers and anyone else acting under or through it,
hereby irrevoeably 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 eost 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 sueh 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 coneerning 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 sueh claims or
SCHEDULE A
ALL THAT CERTAIN lot or parcel of ground situate In Hampden
Township, Cumberland County, Pennsylvania, being more particu-
larly bound and described as follows:
BEGINNING at a point on the southern legal right-of-way line of
Mountain View Road at the northwest corner of lands now or
formerly of Capitol view Associates; thence along the northern
line of lands now or formerly of Capitol view Associates the
following four (4) courses and distances: (1) south 39 degrees
35 minutes 40 seconds west a distance of 398.93 feet; (2) south
28 degrees 32 minutes 36 seconds east a distanee of 229,26 feet:
(3) south 10 degrees 32 minutes 11 seeonds east a distance of
168.31 feet; and (4) south 10 degrees 38 minutes 05 seconds west
a distance of 247,31 feet to a point at or near the center line
of Sears Run; thenee along the northern line of lands now or
formerly of Hampden Township Sewer Authority north 66 degrees 52
minutes 26 seconds west a distance of 538.04 feet to a point;
thence continuing along the same north 21 degrees 01 minute 52
seconds west a distance of 643.33 feet to a point at the north-
east corner of lands now or formerly of Eugene R. Deimler; thence
along the northern line of lands now or formerly of Eugene R.
Deimler north 18 degrees 16 minutes 29 seconds west a distance of
141.92 feet to a point at the southeast eorner of lands now or
formerly of The McNaughton Company; thenee along the eastern line
of lands now or formerly of The McNaughton Company north 45
degrees 35 minutes 38 seconds east a distance of 372.22 feet to a
point on the southern legal right-of-way line of Mountain View
Road; thence along the southern legal right-of-way line of
Mountain View Road south 64 degrees 09 minutes 24 seconds east a
distance Of 200.95 feet to a point at the northwest corner of Lot
#5 on hereafter described Final Subdivision/Land Development
Plan; thence along the western line of said Lot #5 south 25
degrees 50 minutes 36 seeonds west a distanee of 115.00 feet to a
point; thence continuing along the same south 64 degrees 36
minutes 23 seconds west a distance of 152.32 feet to a point;
thence continuing along the same south 24 degrees 46 seconds 16
minutes west a distanee of 47.77 feet to a point; thence along
the southern line of said Lot #5 south 62 degrees 28 minutes 38
seeonds east a distance of 104.83 feet to a point at the south-
east corner of said Lot #5; thence along the eastern line of said
Lot 15 north 44 degrees 54 minutes 09 seconds east a distance of
274.66 feet to a point; thence eontinuing along north 25 degrees
50 minutes 36 seconds east a distance of 25 feet to a point on
the southern legal right-of-way line of Mountain View Road;
thence along the southern legal right-of-way line of Mountain
View Road south 64 degrees 09 minutes 24 seconds east a distance
of 210.48 feet to a point; thenee continuing along the same by a
curve to the left having a radius of 800 feet a distance of
210.14 to a point; thence continuing along the same south 79
degrees 14 minutes 15 seconds east a distance of 4.73 feet to a
point at the northwest corner of lands now or formerly of Capitol
View Associates, the point and place of BEGINNING.
BEIN3 Lot U4, Timber Chase Final Subdivision/Land Development
Plan, dated January 20, 1997, recorded in Cumberland County plan
Book 74, Page 124.
CONTAINING 14.062 acres, more or less.
BEING the same premises which Walter L. Rile and Jessie M. Rile,
husband and wife, by deed dated June 11, 199~and recorded in
Cumberland County Deed Book~, Page 15~, granted and
conveyed unto Timber Chase Associates, a Pennsylvania limited
partnership.
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