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BHH PARTNERS,
a Pennsylvania general partnership,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Owner
v.
NO. 00 -J>~Slo ,.,,/.3) T~
HAUBERT HOMES, 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 HAUBERT HOMES, INC., a Pennsylvania corporation ("Contractor") whose
place of business is located at 15 Central boulevard, Camp Hill, Pennsylvania 17011 for
the construction of Lot Nos. 56 through 60 in Heights of Beacon Hill, Lower Allen
Township, Cumberland County, Pennsylvania as more particularly bounded and
described on Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, this I~ 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
above-described, by the Contractor or any of its subcontractors, or by any of the
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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 claims 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 ~ day
of November, 2000.
WITNESS:
OWNER:
BHH PARTNERS
a Pennsylvania General Partnership
By: Haubert Homes, Inc., Managing Partner
J(~_ .J. \tL
-----
By:
Q~~l
Don E. Haubert, Sr., President
WITNESS:
CONTRACTOR:
HAUBERT HOMES, INC.
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EXHIBIT "A"
Lot No. 56
ALL THAT CERTAIN tract or parcel ofland being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southern right-of-way line of Capitol View Drive, a 60
feet wide street, said point being the northeastern corner of Lot No. 55; THENCE along
said right-of-way line along a curve to the right having a radius of351.97 feet and an arc
length of33.39 feet, said arc being subtended by a chord of South 48 degrees 08 minutes
19 seconds East a distance of 33.37 feet to a point, said point being on the western line
of Lot No. 63; THENCE along the western line of said Lot No. 63 South 33 degrees 17
minutes 32 seconds West a distance of 91.93 feet to a point, said point being on the
northern line of Lot No. 63; THENCE along the northern line of said lot North 56
degrees 42 minutes 28 seconds West a distance of 33.00 feet to a point, said point being
the southeastern corner of Lot No. 55; THENCE along the eastern line of said lot North
33 degrees 17 minutes 32 seconds East a distance of96.90 feet to a point, the PLACE OF
BEGINNING.
CONTAINING 3,124.41 square feet or 0.0717 acres.
SAID Lot is subject to a 20 foot wide Drainage Easement crossing in the southeastern
corner of the lot as shown in greater detail on Final Plat Sheet 2 of 5 of the Heights of
Beacon Hill Subdivision revised March 14, 1997, as prepared by Melham Associates, P. C.
Lot No. 57
BEGINNING at a point on the western right-of-way line of Capitol View Drive, a 60
foot wide street, said point being the northeastern corner of Lot No. 58; THENCE
along the northern line of said lot South 63 degrees 39 minutes 48 seconds West a
distance of 100.13 feet to a point, said point being on the eastern line of Lot No. 63;
THENCE along the eastern line of said lot north 26 degrees 20 minutes 12 seconds
West a distance of 33.00 feet to a point, said point being on the southern line of Lot
No. 63; THENCE along said line North 63 degrees 39 minutes 48 seconds east a
distance of 96.60 feet to a point, said point being on the southern right-of-way line of
Capitol View Drive, a 60.00 foot wide street; THENCE along said right-of-way line
along a curve to the right having a radius of 351.97 feet and an arc length of 33.20
feet, said arc being subtended by a chord of South 32 degrees 26 minutes 14 seconds
East a distance of33.19 feet to a point, the PLACE OF BEGINNING.
CONTAINING 3,254.74 square feet or 0.0747 acres.
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Lot No. 58
BEGINNING at a point on the western right-of-way of Capitol View Drive, a 60.00
foot wide street, said point being the northeastern corner of Lot No. 59; THENCE
along the northern line of said lot South 63 degrees 39 minutes 48 seconds West a
distance of 100.75 feet to a point, said point being on the eastern line of Lot No. 63;
THENCE along the eastern line of said lot North 26 degrees 20 minutes 12 seconds
West a distance of 20.00 feet to a point, said point being the southwestern corner of
Lot No. 57; THENCE along the southern line of said lot North 63 degrees 39 minutes
48 seconds East a distance of 100.13 feet to a point, said point being on the western
right-of-way line of Capitol View Drive; THENCE along said right-of-way line along a
curve to the right having a radius of 351.97 feet and an arc length of 20.01 feet, said
arc being subtended by a chord of South 28 degrees 06 minutes 22 seconds East a
distance of 20.01 feet to a point, the PLACE OF BEGINNING.
CONTAINING 2,010.67 square feet or 0.0461 acres.
Lot No. 59
BEGINNING at a point on the western right-of-way line of Capitol View Drive, a
60.00 foot wide street, said point being the northeastern corner of Lot No. 60;
THENCE along the northern line of said lot South 63 degrees 39 minutes 48 seconds
West a distance of 100.23 feet to a point, said point being on the eastern line of Lot
No. 63; THENCE along the eastern line of said lot North 26 degrees 20 minutes 12
seconds West a distance of20.00 feet to a point, said point being the southwestern
corner of Lot No. 58; THENCE along the southern line of said lot North 63 degrees
39 minutes 48 seconds East a distance of 100.75 feet to a point, said point being on
the western right-of-way line of Capitol View Drive; THENCE along said right-of-way
line along a curve to the right having a radius of 351.97 feet and an arc length of
20.01 feet, said arc being subtended by a chord of South 24 degrees 50 minutes 55
seconds East a distance of20.01 feet to a point, the PLACE OF BEGINNING.
CONTAINING: 2,011.65 square feet or 0.0461 acres.
Lot No. 60
BEGINNING at a point on the western right-of-way line of Capitol View Drive, a
60.00 foot wide street, said point being the northeastern corner of Lot No. 61;
THENCE along the northern line of said lot South 63 degrees 39 minutes 48 seconds
West a distance of 98.63 feet to a point, said point being on the eastern line of Lot No.
63; THENCE along the eastern line of said lot North 26 degrees 20 minutes 12
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seconds West a distance of 20.00 feet to a point, said point being the southwestern
corner of Lot No. 59; THENCE along the southern line of said lot North 63 degrees
39 minutes 48 seconds East a distance of 100.23 feet to a point, said point being on
the western right-of-way line of Capitol View Drive; THENCE along said right-of-way
line along a curve to the right having a radius of 351.97 feet, and an arc length of
13.36 feet, said arc being subtended by a chord of South 22 degrees 07 minutes 56
seconds East a distance of 13.36 feet to a point; THENCE continuing along said
South 21 degrees 02 minutes 40 seconds East a distance of6.70 feet to a point, the
PLACE OF BEGINNING.
CONTAINING: 1,990.00 square feet or 0.0457 acres.
Lot Nos. 56 through 60 BEING a portion of the same premises which Beacon Hill
Heights Development Corporation by its Deed dated May 28, 1997 and recorded May
30,1997 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Deed Book 158, Page 520, granted and conveyed unto BHH Partners, a
Pennsylvania general partnership.
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