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HomeMy WebLinkAbout98-01151 \ . , RJI)LEY PARK INVESTORS LIMITED PARTNlmSIIIP Owners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, NUMBER 'I y, I/,'j" In/.. TERM,1998 TIUPLE CROWN CORPORATION, Contrnctor Stipulation Against Liens WHEREAS, Ridley Park Investors Limited Partnership, the Owner, contemporaneously herewith has executed or is about to execute a contract with Triple Crown Corporation, the Contractor, for the construction and remodeling of 144 garden apartment units, and related structures or improvements, upon that certain land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A ". auaehed hereto and made a part hereof, ( NOW, this 26th day of February, 1998, at the time of and immediately before the execution of the said principal contract, and before any authority has been given by the said Ownt.:~ to tht: 5aid Contractor 10 commence work on, or to furnish or purchase; materials for tht.: aforesaid buildings or construction, in consideration of the making of said contract with said Contractor and the further consideration of One Dollar to said Contractor paid by said Owner, it i~ agreed that no liens or claims shall be filed or made against said buildings and/or land, or any part, piece, parcel or lot thereof, by said Contractor, or any sub-contractor, or by any materialmen, workmen or other persons for or on account of any labor provided or materials furnished or purchased, or any extra labor or materials provided, furnished or purchased for said ~ }i' ~r '$. ,\\ buildings or construction, hereby expressly waiving any and all rights to file or make such liens and claims, (' .'.7L , ( AND, in furtherance hereof, the said Contractor does hereby represent and warrant that liS of the time of the execution hereof. neither said COlllractor, nor any sub-contractors, materialmen, workmen or any other persons have commenced any work on, or furnished or purchllsed any materials for the aforesaid buildings or construction, IN WITNESS WHEREOF, the said Owner and Contractor, each intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. ATTEST: OWNER: Ridley Park Investors Limited Partnership By its Sole General Partner Ridley Park Management, Inc. ( By: ~J j~y , Michael G. Trombley, President CONTRACTOR: Triple Crown Corporation Lj1~/iidrf!~t 'By: :81133 c ( , EXHIBIT "A" Tux (IurecI No, Il"). I 7.( 1l42.1l41l: ALL THAT CERTAIN tract or purcel orland situate in East Pennsboro Township. Cumberhllld. County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the southwestern comer of the intersection of Marshall Drive and Mallhew Road; thence along the western line of said Mallhew Road South 30 degrees 00 minutes East I 15,0 feet to a point on the line of lands now or fonnerly of Gordon E, Fry. Jr,; thence along said lands now or fonnerly of Gordon E, Fry, Jr. the following courses and distances: South 60 degrees 00 minutes West 110,0 feet to a point; South 30 degrees 00 minutes East 116.0 feet to a point; North 60 degrees 00 minutes East 110,0 feet to a point on the western line of Mallhew Road; thence along said Mallhew Road South 30 degrees 00 minutes East 100,0 feet to a point on the northeastemcorner of LofNo. 13 of Ridley Park. Plan No.1 as recorded in the Office of the Recorder of Deeds. , Cumberland County. Pennsylvania in Plan BookNo. 11. Page 26; thence along the northern line of Lot Nos. 13, 12, 11. 10,9,8,7,6,5.4, on said Ridley Park Plan No.1. aforesaid, South 60 degrees 00 minutes West 733.42 feet to a point on the southeastern comer of Lot No.2 of Ridley Park, Plan No, 3 as recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Plan Book No, 14, Page 22; thence along eastern line of Lot Nos. 2 and 1 on said Ridley Park, Plan No.3, aforesaid, North 30 degrees 00 minutes West 165,0 feet to a point on the southem line of Marshall Drive aforesaid; thence along tite southern line "f said Mar~hall Drive the followi,ng courses and dist!\llces: North 60 degrees 00 minutes East 110.76 feet to a point; thence by a line curving to the left and having a radius of 250 feet an arc distance of 146.17 feet to a point; thence North 26 degrees 30 minutes East 235.0 feet to a point; thence by a line curving to the right and having a radius of200 feet an arc distance of 165.81 feet to a point; thence North 74 degrees 00 minutes East 134.0 feet to a point at the intersection of said Marshall Drive and Matthew Road afor~said the PLACE OF BEGINNING. " ' BEING the same premises which Dorsey H. Fry and William F. Martson, Trustees under the Last Will and Testament of Gordon E. Fry, joined in by Gordon E, Fry, Jr. and Geraldine F. Howard and Frederick O. Howard, wife and husband, by their deed dated September 2, 1971 and recorded in the Office of Recorder of Deeds in an for Cumberland County in Deed Book G-24, Page 779, granted and conveyed unto Eugene Pitnick, The said Eugene Pitnick died on July 8, 1997. ( " (', , Tracts Nos, \ & 2: Tax Parcel No. 09-17-1042-108: Tract No.3: Tax Parcel No, 09-\7.\042.076: ALL those three (3) certain tracts or parcels of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with surveys ofD. P. Raffensperger, Registered Surveyor, Camp Hill, Pennsylvania, as follows: TRACT NO. I: BEGINNING at a point at the Southwesterly corner of DulIes Drive and Stephen Road, THENCE along the westerly line of Stephen Road, South 07 degrees 07 minutes West 292.55 feet to a point: THENCE in an arc having a radius of237.80 feet in a Southeasterly direction to the left, \95.82 feet to a point on the Westerly line of Stephen Terrace: THENCE along same South 37 degrees 48 minutes West 67 feet to a point; THENCE in an arc having a radius of 50 feet in a Southeasterly direction to the left 100.08 feet to a point; THENCE South 13 degrees 07 minutes West 114.70 feet to a point at Northerly line ofland now or late of Sundown Corporation; THENCE along same South 77 degrees 07 minutes West 210.44 feet to a point at line of other lands now or late of Glenwood Park, Inc.; THENCE along same North 07 degrees 07 minutes East 785.90 feet to a point on the Southerly line of QulIes Drive, aforesaid; THENCE along same South 82 degrees 53 minutes Ealit 130 feet to a point, the place of BEGINNING, BEING Lot Nos. II through 18, Block "An, in Plan No. I of Ridley Park, which Plan is recorded in Plan Book II, Page 26, HAVING THEREON ERECTED three (3) two (2) story brick:and stone apartment buildings. TRACT NO, 2: ~ BEGINNING at thi: Northwesterly comenofDulIes Drive and Stephen Road; THENCE along the Northerly line of DulIes Drive, North 82 degrees 53 minutes West 130 feet to a point at other lands now or late of Glen wood Park, Inc.; THENCE along same North 07 degrees 07 minutes East 591.40 feet to a point at other lands now or late of Glen wood Park, Inc.; THENCE along same South 82 degrees 53 minutes East 66.50 feet to a point; THENCE FURTHER along same North 86 degrees 30 minutes East 162.95 feet to a point on the Westerly line of Erford Road (West); THENCE along same South 03 degrees, 30 minutes East 16.75 feet to a point; THENCE FURTHER along same in an arc having a radius of 180 feet in a Southeasterly direction to the left 83,25 feet to a point on the Westerly line of Stephen Road; THENCE along same South 60 degrees 00 minutes West 32.64 feet to a point; THENCE FURTHER along same in an arc having a radius of 270 feet in a Southwesterly direction to the left 249.2\ feet to a . ' point; THENCE FUlfillER along same South 07 degrees 07 minutes West 294.62 feel 10 n poinl, the plnce of BEGINNING, IJElNG Lot I, Block "0", in Plnn of Ridley Pnrk No. I, which Plan is recorded In Plnn Book II, Pnge 26, nnd being Plan No, 5, part of Block "0", of Ridley Park, which Plan is recorded in Plan Book 14, Page 56. HA VING THEREON ERECTED three (3) two (2) slory brick and slone apartment buildings, TRACT NO, 3: BEGINNING at a point on the Southerly line of Dulles Drive, which point is 440 feet East ofthe Southenslerly comer of Erford Road (West) and Dulles Drive; THENCE along the Southerly line of Dulles Drive North 60 degrees, 00 minutes Enst 420 feet to a point on the Westerly line of a 20 feet wide pedestrian right of way; THENCE along same South 30 degrees, 00 minutes Enst 120 feet to a point at Northerly line ofland now or late ofEnst Pennsboro Township Board of Education; THENCE along same South 60 degrees 00 minutes West 420 feet to a point; THENCE North 30 degrees 00 minutes West 120 feet to a point, the,plaee of BEGINNING, HAVING THEREON ERECTED two (2) two (2) story brick and stone apartment buildings. . TRACT NOS, I, 2 & ~ BEING the same premises which Glenwood p:rl" Inc., a PenllSylvania corporal. on by Its d~ea dated November 30,.1966 and reeul'l1"d in the Office of the Recorder of Deeds in and for, Cumberland County in Deed Book E-22, Page 808, granted and conveyed unto Eugene Pit~ick and Joan Pitn'ick, husband and wife. The said Eugene Pitnick having died on Juiy 8, 1997, full title to the premises became vested in JQan Pitnick, ns the surviving tenant by the entirety.