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HomeMy WebLinkAbout99-01970 ,. VICTORIA GLEN ASSOCIATES, a Pennsylvania general partnership, Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 1 '/./'I'(u r.1/.0TiA_ .AND. LEON E. WINTERMYER, INC., Contractor STIPULATION AGAINST LIENS WHEREAS, VICTORIA GLEN ASSOCIATES, a Pennsylvania general partner8hip, ("Owner"), the owner of the real estate described below, has or is about to execute a Contract with LEON E. WINTERMYER, INC., a Pennsylvania corporation, whose place of business i8 located at 220 Yocumtown Road, Etters, PA 17319 for construction of the site improvements at Fairwinds, Phase III, Cumberland County, Pennsylvania, and more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this ~1.~:Iay of January, 1999, before any authority had been given by Owner to Contractor to commence work on said facilities or purcha8e materials for same, in consideration of 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 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 abut the erection, construction, design and improvement of said facilities, under 8aid 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, , FAIRWINDS PHASE 3 LEGAL DESCRIPTION r..... ...... -........ ALL THAT CERTAIN Iract or parcel of land being situate in Hampden Township. Cumberland County. Pennsylvania, more panicularly bounded and described as follows. to wil: BEGINNING at a point on the western right-of-way line of Good Hope Road S,R. 1013. a 46,50 foot wide street, said point being land N/F Edgar F, Swartz and Virginia R, Swanz; THENCE along said right-of-way line South 05 degrees 0 I minutes 19 seconds East a distance of 1115,72 feet to a point, said point being the southeastern corner of LOI No, 131: THENCE along the southern line of said Lot Nonh 40 degrees 27 minutes 40 seconds West a distance of 133,19 feet to a point; THENCE continuing Nonh 62 degrees 27 minutes 45 seconds West a distance of 131,27 feet to a point; THENCE continuing Nonh 87 degrees 44 minutes 13 seconds West a distance of 131.27 feet to a point. said point being the non hem most comer of Lot No, 8; THENCE along the western line of said lot South 10 degrees 22 minutes 28 seconds East a distance of 125,00 feet to a point. said point being on the nonhern right-of-way line ofInverness Drive, a 50 foot wide street; THENCE along said right-of-way line along a curve to the left having a radius of 175,00 feet and an arc length of80,71 feet, said arc being subtended by a chord of South 66 degrees 24 minutes 46 seconds West a distance of80,OO feet to a point. said point being the southwestern comer of Lot No, 131; THENCE along the western line of said lot Nonh 36 degrees 48 minutes 0 I seconds West a distance of 114,53 feet to a point. said point being on the nonhern most corner of Lot No, 8; THENCE along the nonhern line of said lot South 38 degrees 27 minutes 30 seconds West a distance of202,74 feet to a point; THENCE continuing South 53 degrees 21 minutes 28 seconds West a distance of 129,77 feet to a point; THENCE continuing South 88 degrees 48 minutes 13 seconds West a distance of 119,33 feet to a point; THENCE continuing Nonh 65 degrees 07 minutes 29 seconds West a distance of 134,95 feet to a point; THENCE continuing Nonh 56 degrees 36 minutes 00 seconds East a distance of 11,76 feet to a point, said point being on the southwestern line of Lot No, 27; THENCE along the western line of said lot Nonh 10 degrees 28 minutes 43 seconds West a distance of 84,37 feet to a point, said point being on the southern right-of-way line of AJdersgate Circle. a 50 foot wide street; THENCE along said right-of-way line along a curve to the right having a radius of I 025,00 feet and an arc length of 10 I, 74 feet, said arc being subtended by a chord of South 82 degrees 21 minutes 54 seconds West a distance of 101,70 feet to a point; THENCE continuing along a curve to the left having a radius of 15,00 feet and an arc length of27,20 feet. said arc being subtended by a chord of South 33 degrees 15 minutes 5 I seconds West a distance of 23 ,62 feet to a point. said point being on the eastern right-of-way line ofInverness Drive; THENCE along said right-of-way line along a curve to the left having a radius of 425,00 feet, and an arc length of] 02,24 feet. said arc being subtended by a chord of South 25 degrees 34 minutes 18 seconds East a distance of 10 1,99 feet to a point; THENCE continuing along said along a curve to the left having a radius of300,OO feet. and an arc length of 11.51 feet. said arc being subtended by a chord of South 33 degrees 33 minutes 47 seconds East a distance of 11.51 feet to a point; THENCE crossing Inverness Drive South 56 degrees 36 minutes 00 seconds West a distance of 50,0 I feet to a point. said point being on the eastern line of Lot No, 8; THENCE along the eastern line of said lot along a curve to the right having a radius of350,OO feet and an arc length of 12,33 r n .... .... . . "_'M.. feet. said arc being subtended by a chord of North 33 degrees 28 minutes 22 seconds West a distance of 12.33 fcetto a point; THENCE continuing along a curve to the right having a radius of 475 00 feet and an arc length of 128,67 feet, said arc length being Subtended by a chord of North 24 degrees 42 minutes 12 seconds West a distance of 128,28 feet to a point; THENCE continuing along a curve to the left having a radius of25,oo feet and an arc length of 32 76. said arc being subtended by a chord of North 54 degrees 28 minutes 56 seconds West a distance of 3047 feet to a point. said point being on the southern right-of-way line of Aldersgale Circle; TUENCE along said righl-ot~way line South 87 degrees 58 minutes 43 seconds West a distance of 104,92 feel to a point; TUENCE crossing Aldersgale Circle North 02 degrees 0 I minutes 17 seconds West a distance of 144 39 feet 10 a point. said poinl being the southeastern comer of Lot No 104; THENCE along the easlern line of said 101 North 04 degrees 49 minutes 52 seconds East a distance of 67,52 feet to a point. said point being Ihe southeastern comer of Lot No, 103; THENCE along the eastern line of said lot North 23 degrees 56 minules 24 seconds Fast a distance of80,I6 feet 10 a point. said point being the southeastern comer of Lot No, 102; TUENCE along the eastern line of said lot North 26 degrees 50 minutes 43 seconds East a distance of85,79 feet to a point. said point being the southeastern comer of Lot No, 101; THENCE along the eastern line of said lot North 24 degrees 44 minutes 59 seconds East a distance of 113,84 feet to a point. said point being the southwestern comer of Lot No, 99; THENCE along the southern line of said lot North 59 degrees 13 minutes 57 seconds East a distance of86,28 feet to a point. said point being the southwestern comer of Lot No, 98; THENCE along the southern line of said 101 North 65 degrees 06 minutes 28 seconds East a distance of 85,25 feet to a point. said point being the southwestern comer of Lot No, 97; THENCE along the southern line of said lot North 67 degrees 50 minutes 58 seconds East a distance of 162,15 feet to a point. said point being the southwestern comer of Lot No, 95; THENCE along the western line of said lot North 23 degrees 04 minutes 51 seconds West a distance of 113,30 feet to a point. said point being on the southern right-of-way line of Inverness Drive; THENCE along said right-of- way line along a curve 10 the righl having a radius of 1475,00 feet and an arc length of 15.48 feel. said arc being subtended by a chord of North 67 degrees 13 minutes II seconds East a distance of 15.48 feet to a point; THENCE crossing Inverness Drive North 22 degrees 28 minutes 47 seconds West a distance of 164,21 feet to a point. said point being on the southern line of lands N/F Edgar F, Swartz and Virginia R, Swartz; THENCE along the southern line of said lands North 72 degrees 24 minutes 33 seconds East a distance of 839.40 feet to a point. the PLACE OF BEGINNING. CONTAINING: 972.627,798 square feet or 22,3285 acres, As shown on that dated in Plan Book 7B, certain Final Subdivision Plan prepared by Melharn Associates, P.C., , and recorded in Cumberland County on March 26, 1999 Page 90.