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HomeMy WebLinkAbout00-07595 ". -,.,0--- " ~ ",,'- 0,_1 ,~." -, . ~,g'-~>- ".' h;,c" ""- 10M .;,;-',C, ;,,~., ,"'p-__... .-c ."'''r-i-;",~ ,....0,;,H,"__5,;-''','''''- .'.~co; .-',_"_, .,.;_~"'_;;_'_""}~ ~A tb. 75tJs /J1 L/) t. 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 NOIlOO 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 Exhibits A and B, attached hereto and made a part hereof, or against any buildings or other improvements thereon or thereto (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 October 26, 2000, 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 ofrecord 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. The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. ~' -~ ".. "0. "~".. .""p.-.',,;,-, ',",-, '~-b.,,,-.- '-1'-_ -~ ," _<-~.".. ",-'-~'5_-__.' *--''''''';,w--"-.,o;;:,~i.<'~,,"~,,,.~-,---^ "_,~,, ___~_{_. This stipulation is made and intended to be filed with the Cwnberland County Prothonotary in accordance with the requirements ofthe Mechanics' Lien Law of 1963 ofthe Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the twenty-third day of March, 1998. ~ CONTRACTOR: MARBAIN ASSOCIATES, L.L.P. ~ Ba~~ Name: Title: - 2 - .:;jjjjjjAL .Ii EXHIBIT "A" I, ~I _no,""~"~ ", ',,_ ". . " '_ - - '0' - '~," - ~- '. "~ ~ Leaal Descriotion of the Prooertv ALL Tf(A T CERTAIN tract ofland situate in Silver Spring Township, Cumberland County, Pennsylvania, being moreIulJy boun.ded and desoribed as follows: BEGINNING at a paint on the eastern right-of-way line of State Road (S.R.2012); said point being located at the line ofland now or fOnnerly oftha Free Methodist Church of North America; thence from said point ofBBGlNNING along the eastern right-of-way of State Road (S.R. 2012) North twenty-one (21) degrees fifty (50) minutes fifty (50) seconds West a distance of one hundred and two hundredths (100.02) feet to an iron pin at the comer oflands now or formerly of Robert E. Stailey; thence along lands now or formerly of Robert E. Stailey North sixty-one (61) degrees eight (08) minutes nineteen (19) seconds East a distance of five hundred ninety-nine and sixty-eight hundredths (599.68) feet to an iron pin; thence along the same North twenty-one (21) degrees fifty (50) minutes tlfty (50) seconds West a distance of one hundred one and five hundredths (101..05) feet to a point on the line of lands no,w or formerly of Max D~ Marbain; thence along lands now or formerly of Max D. Marbain North sixty (60) degrees fifty-nine (59) minutes forty (40) seconds East a distance Of thirty-three and twenty-five hundredths (33~25) feet to a stone; thence along the same North sixty-one (61) degrees thirty-two (32) minutes seventeen (17) seconds Ea..'tt a distance of one hundred seventy-six and seventy-seven hundredths (176.77) feet to a point; thence along the same North fifty-eigh1 (58) degrees forty-six (46) minutes nine (09) seconds East a distance of eight hundred eighteen and sixty-six hundredths (818.66) feet to an iron pin on the line oflands now or formerly of Conrail; thence along lands now or formerly of Conrail by a curve in a southeast direction having a radius of one thousand nine hundred thirty- four and sixty-four hundredths (1934.64) feet and an arc len..'th of six hundred and ninety-three hundredths (600.93) feet, said curve having a chord bearing of South sixty-one (61) degrees forty-seven (47) minutes forty (40) seconds East and a chord distance of five hundred ninety-eight and fifty-two hundredths (598.52) feet to a point; thence along the same South fifty-two (52) degrees fifty-three (53) minutes forty-five (45) seconds East a distance of one hundred fifty and thirty-eight hundredths (150.38) feet to a fence post at the corner of lands now or formerly of John I. Bnck; thence along lands now or formerly of John 1. Enck South fifty-six (56) degrees forty-five (45) minutes three (03) seconds West a distance offour hundred seven and twenty- seven hundredths (407.27) feet to a fence post; thence along the same South thirty-six (36) degrees twenly-nine (29) minutes fIfty-seven (57) seconds East a distance of two hundr~d.fi:rY- . llve 8I1d seventy,foUJ" hundredths (255.74) feet to a point at the cOI'ncr of Evergreen SubdIVISIOn, Phase 3; thence along Evergreen Subdivision, Phase 3 the following twenty (20} courses: South 53 degrees 30 minutes 03 seconds West a distance of 40.00 feet to a point; South 36 degrees 29 min;ltes ~7 seconds East a distance of 137.61 feet to a point; SOllth 04 degrees 59 minutes 57 seconds East a di~tance of77.56 feet to a point; South 04 degrees 15 minutes 03 seconds West a distance of 88.41 feet to a po~t; South 13 degrees 30 minutes 03 seconds West a distance of 180.00 feet to a pOUlt; South 35 degrees 57 minutes 54 seconds East a distance of27.97 feet to a point; South 26 degrees 30 minutes 03 seconds West a distance of 104.03 feet to a point; Bya curve to the left in a northwest direction having a radius of I 75.00 feet and ~n arc length of39.71 feel, said curve having a chord bearing of North 69 degrees 59 mmutes 57 seconds West and a chord distance 009.62 feet to a point; North 76 degrees 29 minutes 57 seconds West a distanoe of33.49 feet to a po~nt; . South 13 degrees 30 minutes 03 seconds West a distance of 50.00 feet to a pOUlt; By a curve to the left in a southwest direction having a radiu~ of 2.5.00 feet and ~ arc .length of39.27 feet, said curve having a chord bearing of South 58 degrees 30 minutes 03 seconds West and a chord distance of35.36 feet TO a point; 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. I: ~ . -. I I , -;,;, ,~ <liS 12. North 76 degrees.Z9 mirrutes 57 seconds West a distance of 50,00 feet to a point; 13. South 13 degrees 30 minutes 03 seconds West a distance of65.00 feet to a point; ] 4. North 76 degrees 29 minutes 57 seconds West a distance of 105.00 feet to a point; 1$. South 13 degrees 30 minutes 03 seconds West a distance of 10.00 feet to a point; 16. NOlih 76 degrees 29 minutes 57 seconds West a distance of64.39 feet to a point; 17. North 62 degrees 50 minutes 01 seconds West a distance of 86.98 feet to a point; 18. North 45 degrees 35 minutes 0 I seconds West a distance of 86.10 feet to a point; 19. North 32 degrees 32 minutes 31 seconds West a distance of 162.28 feet to a point; 20. South 62 degrees 09 minutes 29 seconds West a distance of60.20 feet to a point on the southern right-of-way line of North Madder Drive; thence crossing NOIih Madder Drive and along lands now or formerly of Reynold L Shcibley North thirty-two (32) degrees thirty-two (32) minutes thilty-one (31) seconds West a distance oftwo hundred and sixty-seven hundredths (200.67) feet to a point at the corner oflands now or formerly of the Eree Methodist Church of North America; thence along lands now or formerly "fthe Free Methodist Church of North America North thirty-one (31) degrees forty-three (43) minutes fifty-one (51) seconds West a distance oftlve hundred seventy-four and seventy-three hundredths (574.73) feet to a point; thence along the same South sixty-one (61) degrees ten (10) minutes twenty-two (22) seconds West.a distance of eight hundred fOlty-four and twenty-two hundredths (844.22) feet to a point, the place ofBEGlNNING. B.EING Phase 2 ofEvergreen Subdivision and Containing 1,2S8,372~60 square feet or 28.8&83 acres, recorded on October 24, 2000 in Plan Book 82, Page 19. BEING, as to part, the same premises which Janet K. Hess and Jane D. Hess, Co-Executrixes under the Last Will and Testament of Charles R. Hess, and Dorothy R. Hess, widow of the said Charles R. Hess, by deed dated October 17 , 2000 and intended to be recorded in the Office of the CUlIlberland County Recorder of Deeds, granted and conveyed unto Max D. Marbain. BEING, as to the other part, part ofthe same premises which Charles H. Eichelberger, Jr. and Robert D. Eichelberger, by deed dated March 23, 1998 and recorded in CUlIlberland County Deed Book 173, Page 1132, granted and conveyed unto Max D. Marbain. ,~ ,1'1 _ L_ _-,c-,-'. "'kt -- ~ --jt, /' / ) EXHIBIT "BIf , LEGAL DESCRIPTION FOR EVERGREEN SUBDIVISION, PHASE 3 SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BEGINNING at a point on the southern right-of-way line of North Madder Drive, said point being located on the line of Konhaus Estates Subdivision, Section 11; thence from said point of BEGINNING along the southern right-of-way line of North Madder Drive, North 62 degrees 09 minutes 29 seconds East a distance of 60.20 feet to a point, said course being along the southern line of Evergreen Subdivision Phase 2; thence along Evergreen Subdivision, Phase 2 the following nineteen (19) courses: 1. South 32 degrees 32 minutes 31 seconds East a distance of 162.28 feet to a point; 2. South 45 degrees 35 minutes 01 seconds East a distance of 86.10 feet to a point; 3. South 62 degrees 50 minutes 01 seconds East a distance of 86.98 feet to a point; 4. South 76 degrees 29 minutes 00 seconds East a distance of 64.39 feet to a point; 5. North 13 degrees 30 minutes 03 seconds East a distance of 10.00 feet to a point; 6. South 76 degrees 29 minute 57 seconds East a distance of 105.00 feet to a point; 7. North 13 degrees 30 minutes 03 seconds East a distance of 65.00 feet to a point 8. South 76 degrees 29 minutes 00 seconds East a distance of 50.00 feet to a point; 9. By a curve to the right in a northeast direction having a radius of 25.00 feet and an ar.c length of 39.27 feet, said curve having a chord bearing of North 58 degrees 30 minutes 03 seconds East and a .chord distance of 35.36 feet to a point; 10. North 13 degrees 30 minutes 02 se.conds East a distance of 50.00 feet to a point; ~ . l' 'I I.c;_, "" . , -,./-' ~, "'. '. r.,"," i' / f 11. South 76 degrees 29 minutes 57 se.conds East a distance of 33.49 feet to a point; 12. Bya curve to the right in a southeast direction having a radius of 175.00 feet and an arc length of 39.71 feet, said curve having a chord bearing of South 69 degrees 59 minutes 57 seconds East and a chord distance of 39.62 feet to a point; 13. North 26 degrees 30 minutes 03 seconds East a distance of 104.03 feet to a point; 14. North 35 degrees 57 minutes 54 seconds West a distance of 27.97 feet to a point; 15. North 13 degrees 30 minutes 03 seconds East a distance of 180.00 feet to a point 16. North 04 degrees 15 minutes 03 seconds East a distan.ce of 88.41 feet to a point; 17. North 04 degrees 59 minutes 57 seconds West a distan.ce of 77.56 feet to a point; 18. North 36 degrees 29 minutes 57 seconds West a distance of 137.61 feet to a poirit 19. North 53 degrees 30 minutes 03 seconds East a distance of 40.00 feet to a point; on the line of lands now or late of John I. Enck; thence along lands now or late of John I. Enck South 36 degrees 29 minutes 57 seconds East a distance of 1305.18 feet to a fence post; thence along the same North 60 degrees 45 minutes 13 seconds East a distance of 46.18 feet to a point; thence along the same South 35 degrees 54 minutes 44 seconds East a distance of 185.32 feet to a point at the corner of Evergreen Subdivision, Phase I; thence along Evergreen Subdivision, Phase I the following twenty one (21) courses: 1 ~ South 54 degrees 05 minutes 16 seconds West a distance of 62.52 feet to a point; 2. South 73 degrees 10 minutes 16 seconds West a distance of 302.52 feet to a point; 3. North 16 degrees 49 minutes 44 seconds West a distance of 99.44 feet to a point; " ,. " -'---."" ~--, '-'--.Jj;L! / ,/ 4. North 36 degrees 29 minutes 57 seconds West a distance of 66.74 feet to a point; 5. North 36 degrees 29 minutes 57 seconds West a distance of 185.00 feet to a point; 6. North 72 degrees 03 minutes 32 se.conds West a distance of 98.69 feet to a point; 7. North 11 degrees 29 minutes 57 seconds West a distance of 120.00 feet to a point; 8. South 78 degrees 30 minutes 03 seconds West a distance of 30.00 feet to a point; 9. South 11 degrees 29 minutes 57 seconds East a distance of 113.71 feet to a point; 10. South 28 degrees 30 minutes 03 seconds West a distance of 334.07 feet to a point; 11. North 61 degrees 29 minutes 57 seconds West a distance of 110.00 feet to a point; 12. South 28 degrees 30 minutes 03 seconds West a distance of 30.50 feet to a point; 13. By a curve to the left in a southwest direction having a radius of 125.00 feet and an arc length of 29.91 feet, said curve having a chord bearing of South 21 degrees 38 minutes 46 seconds West and a chord distance of 29.84 feet to a point; 14. South 61 degrees 29 minutes 57 seconds East a distance of 125.00 feet to a point; 15. South 07 degrees 50 minutes 57 seconds East a distance of 112.87 feet to a point; 16. South 73 degrees 10 minutes 16 seconds West a distance of 192.27 feet to a point; 17. By a curve to the right in a northeast direction having a radius of 125.00 feet and an arc length of 17.07 feet, said curve having a chord bearing of North 10 degrees 52 minutes 48 seconds East and a chord distance of 17.05 feet to a point; - -~ II 'I, , ,"-- , , , ;' ^ , , , t , I' 18. North 14 degrees 47 minutes 29 seconds East a distance of 133.87 feet to a point; 19. North 75 degrees 12 minutes 31 seconds West a distance of 50.00 feet to a point; 20. By a curve to the right in a southwest direction having a radius of 25.00 feet and an arc length of 39.27 feet, said curve having a chord bearing of South 59 degrees 47 minutes 29 seconds West and a chord distance of 35.36 feet to a point; 21. North 75 degrees 12 minutes 31 seconds West a distance of 159.16 feet to a point; on the line of Konhaus Estates Subdivision; thence along Konhaus Estates Subdivision North 57 degrees 12 minutes 29 seconds East a distance of 136.03 feet to a point; thence along the same North 32 degrees 32 minutes 31 seconds West a distance of 938.05 feet to a point, the place of BEGINNING. BEING Phase 3 of Evergreen Subdivision and ccntaining 752,855:41 square feet or 17.2832 acres. BEING part of the same premises which Pearl M. Bricker, by deed dated February 22, 1984 and recorded in Cumberland County Deed Book 0, Volume 30, page 1093, granted and conveyed unto Charles R. Hess. AND the said Charles R. Hess died on September 15,2000. His Last Will and Testament was entered into probate in the Office of the Cumberland County Register of Wills, and on September 20,2000, Janet K. Hess and Jane D. Hess were appointed Co-Executrixes of his estate. Ii I! I: , " i ~ i !i ',I 'I , " , -1 ! , AND the said Charles R. Hess and his wife Dorothy R. Hess entered into a certain Agreement of Sale dated June 27, 1996 with Max D. Marbain, a memorandum of which is recorded in Cumberland County Miscellaneous Book 525, Page 1062. - rl:11liI~~ ~~~~ "" "d_""'" ~.w.l!:ilIl~~~-'Wl.!~;"j!Qft;Wl , ,~ ~,~,. .,". '/'- lL"~:"" ;lq -~ ~~ ~ i\l. ~ ~ c:, "'- ~ ~ 'V ~l ~ ., - "\ g <':';;', o n :..:t ~. ,;:I r'\1:1J c, '.0.'-" -'~9 60 :;:j-i"'i , -n 06 2;;m ~ 9 U\ ?Q .s;:- "< !t c ' ' .,)ent'l (i~e I t" ~Jd- Od Ii , ., 'I" .