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HomeMy WebLinkAbout00-05139 .. ~ Cd ..~,."...,",. --. .~".' '-~"""'< ~-,,' ;';;,;0,,,-,,- <', ( ,_t~ "",.~E- -~;;;;.."-J: >"~ '" ".< ''''~-'"''' ~"J>"-~,:-~,~_ '"'' ~ "C_ '. " 581 Associates, LLC., legal owner and Classic Communities Corporation, equitable owner, Owner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Leon E. Wintermyer, Inc., Contractor, NO. ~OOo-5739 IVI\..-D STIPULATION AGAINST LIENS WHEREAS, 581 Associates, LLC., legal owner and Classic Communities Corporation, equitable owner, of Pennsylvania, are about to execute contemporaneously herewith, a contract with Leon E. Wintermyer, Inc. of Dauphin County, Pennsylvania, for the erection of townhouses upon the lots of land situate as follows: ALL THAT CERTAIN tract or parcel of land situated in Hampden Towns~ip, Cumberland County, Pennsylvania, being more particularly described as follows: ~. 1)\ BEGINNING at a steel rebar found at the intersection of the westerly line of Hillside Lane (private road or passageway for the ingress and egress of all the owners of all the creek front lots, their successors and assigns with the northerly line of the lands now or formerly of 581 Associates, LLC. (D.B. 179 Pg. 814). Thence along the westerly line of Hillside Lane (18 feet wide) the fOllowing courses: 1. South 06 degrees 30 minutes 34 seconds East a distance of 156.52 feet to a steel rebar, 2. South 12 degrees 43 minutes 06 seconds East a distance of 181.39 feet to a steel rebar, "- - , . ~~ - L " "L" L ,,- ,- , ,. ~'-"" " '.',,,-- ~ ~",,,,,,,u;"'_'~~'" "--C " ,~ "-e,,""'" Co,,;; '''= , c: J~-"".~;~';.;,;:;'i_"'j,,,':U"~:i;,.-,,,,,..-;_~o::~'_':- c~ ,. " ,~ ." ~_, " . .- 3. South 17 degrees 53 minutes 58 seconds East a distance of 266.84 feet to a steel rebar, 4. South 22 degrees 30 minutes 32 seconds East a distance of 164.38 feet to a steel rebar, 5. South 33 degrees 01 minute 31 seconds East a distance of421.10 feet to a steel rebar, 6. South 40 degrees 54 minutes 53 seconds East a distance of 614.43 feet to a steel rebar in the northerly line of the lands now-or-formerly of Village Associates, (Hampden Village II), Thence along said line of Village Associates the following courses: 1. South 71 degrees 10 minutes 55 seconds West a distance of 106.57 feet to a steel rebar, 2. South 83 degrees 27 minutes 28 seconds West a distance of 618.69 feet to a steel rebar, 3. South 82 degrees 43 minutes 03 seconds West a distance of 96.42 feet to a nail found in the easterly right-of-way line of Creekview Road Thence along said right-of-way line the following courses: 1. By a curve to the left having a radius of 680.00 feet, an arc length of 291.71 feet (a chord bearing North 17 degrees 15 minutes 07 seconds West a distance of 289.48 feet) to a concrete monument, 2. North 29 degrees 32 minutes 30 seconds West a distance of 338.35 feet to a steel rebar, - 2 - , "r._' ~-"" "'~' -_"'--_'" .__. "_' .,'~i64'-~'" ,,', ,..,._;._, .",~",^"",' ~<__, ,,~~ . ,.;"..,,,..,,,;..";":-'o-A4';,,;,-,"" ,c. .0 . ~',~ " 3. By a curve to the right having a radius of 4115.00 feet, an arc length of 350.12 feet (a chord bearing North 27 degrees 06 minutes 15 seconds West a distance of 350.02 feet) to a steel rebar, 4. North 24 degrees 40 minutes 00 seconds West a distance of 279.71 feet to a steel rebar, 5. By a curve to the right having a radius of 310.00 feet, an arc length of 471.99 feet (a chord bearing North 18 degrees 57 minutes 03 seconds East a distance of 427.70 feet) to a steel rebar, 6. North 62 degrees 34 minutes 06 seconds East a distance of 200.00 feet to a steel rebar, 7. By a curve to the left having a radius of 375.00 feet, an arc length of 61.80 feet (a chord bearing North 57 degrees 50 minutes 50 seconds East a distance of 61.73 feet) to a concrete monument, 8. North 82 degrees 28 minutes 21 seconds East a distance of 92.50 feet to a steel rebar, 9. South 83 degrees 02 minutes 19 seconds East a distance of 45.49 feet to the point of BEGINNING CONTAINING 23.25 Acres PARCEl of land being shown as 'TOWN HOUSE LOTS' on plan entitled "Final Subdivision Plan for Townes of Cross Creek, Hampden Township Cumberland County, Pennsylvania." dated 23 March 2000, last revised 12 July 2000, by Alpha Consulting Engineers, Inc. - 3 - " c ,~ ,. .- .,~.--,""" -,~" -,~.'",-,~--,'0'"'__-",w,'''''_"''''''-"x,,^,,' "', ','.' ':i-i .' , " . LEGAL DESCRIPTION VACATION PARCEL NO.1 ALL THAT CERTAIN tract or parcel of land situated in Hampden Township, Cumberland County, Pennsylvania, lying 1,500 feet north of the Creekview Road-PA 581 Interchange, being more particularly described as follows: BEGINNING at an iron pin set at the intersection of the easterly right-of-way line of Creekview Road with southerly line of the lands now-or-formerly of 581 Associates, LLC. (D.B. 179, Pg 814); Thence South 82 degrees 43 minutes 03 seconds West a distance of 96.42 feet to a nail set, said nail located a distance of 30.00 feet from the construction centerline of Creekview Road, thence by a curve to the left having a radius of 680.00 feet, an arc length of 291.71 feet (a chord bearing North 17 degrees 15 minutes 07 seconds West a distance of 289.48 feet) to a concrete monument set; thence North 29 degrees 32 minutes 30 seconds West a distance of 320.23 feet to an iron pin set in the easterly right-of-way line of Creekview Road; thence along said right-of-way line the following courses: 1. North 60 degrees 27 minutes 27 seconds East a distance of 5.00 feet, 2. South 29 degrees 32 minutes 30 seconds East a distance of 210.00 feet, 3. South 34 degrees 31 minutes 20 seconds East a distance of 158.63 feet, 4. South 31 degrees 24 minutes 25 seconds East a distance of 271.71 feet to the point of BEGINNING. CONTAINING 15,548 square feet PARCEL of land being shown as 'AREA TO BE VACATED' on plan entitled "Final Subdivision Plan for Townes of Cross Creek, Hampden Township, Cumberland County, Pennsylvania", dated 23 March 2000, last revised 19 April 2000 by Alpha Consulting Engineers, Inc. - 4 - ~." . - ~ ^' ""'" "", - -~"'~'"" ".-~--^' < ,',,'_,,_.,c -"""','-,- -- ',"C- ~;Jt"i.,,'-',^<" -.' "n"~","-'"" '"'''''''-'';''''~--'d~,+",.--I"si;;"",-,_',,'-':.i-,,<, ',_'_;.~,,;;, ~ NOW, the day of July, 2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said 581 Associates, LLC., legal owner and Classic Communities Corporation, equitable owner, to the said Leon E. Wintermyer, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Leon E. Wintermyer, Inc. and the further consideration of One Dollar, to Leon E. Wintermyer, Inc. paid by 581 Associates, LLC., legal owner and Classic Communities Corporation, equitable owner, it is agreed that no lien shall be filed against the building by the contractor, or any sub- contractor, 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 for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNERS: 581 ASSOCIATES, LLC, legal owner BY: ?/// ~~ CLASSIC COMMUNITIES CORPORATION, equitable owner BY: cJ. .<;. / )j)jJ CONTRACTOR: Leon E. Wintermyer, Inc. BY:~ / ,/ ~ - 5 -