HomeMy WebLinkAbout00-08255
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BHH PARTNERS,
a Pennsylvania general partnership,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Owner
v.
NO. 00- j>;;;"~..s mt...,~ ~
LEON E. WINTERMYER, INC.,
Contractor
STIPULATION AGAINST LIENS
WHEREAS, BHH PARTNERS, a Pennsylvania general partnership ("Owner")
the owner of the real estate described below, have or are about to execute a contract
with LEON E. WINTERMYER, INC., a Pennsylvania corporation ("Contractor")
whose place of business is located at 220 Yocumtown Road, Etters, Pennsylvania 17319
for the excavation and site preparation for Phase II, Heights of Beacon Hill, Upper
Allen Township, Cumberland County, Pennsylvania as more particularly bounded and
described on Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, this \ tli\ day of November, 2000, before any authority
had been given by Owner to Contractor to commence work on said facilities or
purchase materials for same, in consideration of the making of the above-described
Contract with Owner, and in further consideration of One ($1.00) Dollar paid to
Contractor by Owner, the receipt whereof is hereby acknowledged, it is agreed that no
liens or claims shall be filed or maintained against the Owner's facilities and the land
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above-described, by the Contractor or any of its subcontractors, or by any of the
materialmen or workmen, or any other person acting through or under them, for or on
account of any labor or materials purchased, or extra labor or materials purchased for,
towards, in or about the erection, construction, design and improvement of said
facilities, under said contract or otherwise, the right to have, file and maintain such
liens or c1airns against the facilities and the land above-described, being hereby
expressly waived by the Contractor for itself, its subcontractors, all materialmen, or
workmen and others acting through or under them.
IN WITNESS WHEREOF, each of the parties, by their duly authorized
representatives, have hereunto executed the Stipulation Against Liens this l O~day
of November, 2000.
WITNESS:
OWNER:
BHH PARTNERS
a Pennsylvania General Partnership
By:
Haubert Homes, Inc., Managing Partner
By:
9~<2~
.
Don E. Haubert, Sr., President
WITNESS:
, CONTRACTOR:
LEON E. WINTERMYER, INC.
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EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land known as Phase 2 on that certain Final
Subdivision Plan for the Heights of Beacon Hill situate in Lower Allen Township,
Cumberland County.~e~ania, prepared by Melham Associates, PC, dated
Augast 1 i, ~ r~ and recorded in Plan Book 'a 2. ,
Page lj '1 , more particularly bounded and described as follows, to wit:
BEGINNING at a concrete monument, on the northern right-of-way line of Lowell
Lane, East of the intersection with Sconsett Way and being the Southwest corner of
Lot #98 as shown on the aforesaid Plan; thence North 50 degrees 57 minutes 23
seconds West, 125.14 feet to an iron pin (found), at a corner oflands now or fonnerly of
the United States of America; thence along said lands of the United States of America,
North 29 degrees 46 minutes 03 seconds East, 509.00 feet to a point, at a corner of
lands now or fonnerly of Albert and Elizabeth Schaflhauser; thence along said lands of
Schafihauser, South 64 degrees 33 minutes 57 seconds East, 547.13 feet to a point, at a
corner oflands now or fonnerly ofC.F. & Lavina Mailey; thence along said lands of
Mailey, North 58 degrees 17 minutes 03 seconds East, 135.74 feet to a point, at a
corner of lands now or fonnerly of Harry and Suzy Grossman; thence along said lands
of Grossman, the following three (3) courses and distances: (1) South 19 degrees 28
minutes 46 seconds East, 292.74 feet to a point; (2) South 14 degrees 24 minutes 22
seconds East, 392.12 feet to an iron pin (found); and (3) South 00 degrees 39 minutes
43 seconds East, 144.32 feet to an iron pin (found) on the northern right-of-way of 4th
Street; thence running along the aforesaid road, along lands now or fonnerly of Robert
and Mmjorie Stahle, and lands now or fonnerly ofMahlon and Nancy Haines, South 00
degrees 23 minutes 55 minutes East, 183.68 feet to a point, at a corner of lands of
Haines and John and Mary Knoll; thence along said lands of Knoll, along lands now or
fonnerly of Inez Parkins, and lands now or fonnerly of Robert Sheaffer, South 00
degrees 08 minutes 28 seconds West, 440.07 feet to an angle iron (found), at a corner of
lands of said Sheaffer; thence along The Heights of Beacon Hill, Phase 3, the following
twenty (20) courses and distances: (1) North 63 degrees 44 minutes 09 seconds West,
121.54 feet to a point; (2) North 48 degrees 57 minutes 37 seconds West, 98.86 feet to a
point on the eastern right-of-way of ScoIisett Way, being the point of beginning of a
temporary cul-de-sac; (3) across said temporary cul-de-sac, North 48 degrees 57
minutes 37 seconds West, 82.63 feet to a point; (4) leaving said right-of-way, North 48
degrees 57 minutes 37 seconds West, 82.63 feet to a point; (5) North 21 degrees 43
minutes 31 seconds West, 34.31 feet to a point; (6) North 48 degrees 03 minutes 12
seconds West, 99.15 feet to a point; (7) North 49 degrees 51 minutes 25 seconds West,
65.33 feet to a point; (8) North 50 degrees 47 minutes 09 seconds West, 64.46 feet to a
point; (9) North 51 degrees 54 minutes 56 seconds West, 66.01 feet to a point; (10)
North 50 degrees 37 minutes 50 seconds West, 75.68 feet to a point; (11) South 77
degrees 22 minutes 30 seconds West, 33.84 feet to a point on the northern right-of-way
of Tisbury Circle; (12) along said right-of-way, along a curve to the left, having a radius
of 100.00 feet, an arc length of 47.16 feet, a chord bearing of North 26 degrees 08
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minutes 07 seconds West, 46.72 feet to a point; (13) along a curve to the right, having a
radius of 10.00 feet, an arc length of 12.47 feet, a chord bearing of North 03 degrees 55
minutes 18 seconds West, 11.68 feet to a point on the southern right-of-way of Lowell
Lane; (14) along the aforesaid right-of-way, North 31 degrees 48 minutes 06 seconds
East, 73.72 feet to a point; (15) along a curve to the right, having a radius of 10.00 feet,
an arc length of 15.61 feet, a chord bearing North 76 degrees 30 minutes 53 seconds
East, 14.07 feet to a point on the southern right-of-way of Sconsett Way; (16) across
the aforesaid right-of-way, North 32 degrees 01 minute 53 seconds East, 50.00 feet to a
point on the northern right-of-way of Sconsett Way; (17) along the same with a curve
to the right, having a radius of 10.00 feet, an arc length of 10.10 feet, a chord bearing of
North 13 degrees 29 minutes 07 seconds West, 14.21 feet to a point on the eastern
right-of-way of Lowell Lane; (18) across the same, North 59 degrees 00 rninutes 06
seconds West, 50.00 feet to a point on the western right-of-way of Lowell Lane; (19)
along the same, North 31 degrees 48 minutes 06 seconds East, 14.32 feet to a point;
(20) along a curve to the right, having a radius of 425.00 feet, an arc length of 56.06
feet, a chord bearing of North 35 degrees 34 minutes 45 seconds East, 56.00 feet to a
point; thence leaving the aforesaid right-of-way and along Phase 1 of Heights of Beacon
Hill the following nine (9) courses and distances: (1) North 50 degrees 38 minutes 36
seconds West, 94.41 feet to a point; (2) North 31 degrees 48 minutes 06 seconds East,
42.53 feet to a point; (3) North 56 degrees 13 minutes 55 seconds West, 93.69 feet to a
point; (4) North 40 degrees 33 minutes 45 seconds West, 66.56 feet to a point; (5)
North 23 degrees 17 minutes 49 seconds West, 129.29 feet to a point; (6) South 77
degrees 50 minutes 05 seconds West, 142.78 feet to a point on the eastern right-of-way
of Sconsett Way; (7) along the same, along a curve to the right, having a radius of 10.00
feet, an arc length of 15.05 feet, a chord bearing of North 11 degrees 35 minutes 23
seconds West, 13.67 feet to a point on the southern right-of-way of Lowell Lane; (8)
along the same, along a curve to the right, having a radius of 525.00 feet, an arc length
of 16.19 feet, a chord bearing of North 30 degrees 39 minutes 04 seconds East, 16.19
feet to a point; (9) across the said right-of-way of Lowell Lane, North 60 degrees 13
minutes 57 seconds West, 50.00 feet to the point and place of BEGINNING.
CONTAINING 19.82 acres or 863,359.2 square feet.
BEING a portion of the same premises which Beacon Hill Heights Development
Corporation, a Pennsylvania corporation, by its Deed dated May 28, 1997 and recorded
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Deed Book 158, Page 520 granted and conveyed unto BHH Partners, a Pennsylvania
general partnership.
,241860 _I
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