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HomeMy WebLinkAbout99-02552 .... ~ '1 ~ .~ I .' . ~ LINDENWOOD, INC. owner IN THE COURT OF COMMON ~LEAS CtlMBERU.ND COUlirrY, PENNSYLVANIA I NO. f~ - dS 5 cp. /'1. L)) v. KINSLEY CONSTRUCTION, INC. Contractor SI1P~ION AG~INST LIENS WHEREAS, LINDENWOOD,(INC., of 619 South Ma~ket Sereet, MeChanicsburg, Cumberland County, Pennsylvania J1055, Ithe , "Owne." l the Owner of the bereinafl:er descriDed Itract of land, has execueed or is about to execute contempor OUSly herewith a contract with KINSLEY CONSTRUCTION, INC. of 2100 Water Street, York, Yo.).;; County, pennsylvania 11403, (the "co~ractorn) for impro~ementS to the premises located at Upper Ai en Township, Cumberland County, Per~sylvania, more particular y described en "Exhil:lit AI> attached hereto and made a part hererf (the n l?rel!\i ses") . I NOW, ~,,~~3t, 1999, before any authority hab been given by I said Owner to the said Contractor to commence work. on said premises or to otherwise construct any improvemerlts thereto, or to purchase materials ror the same. or to enter neo any eontracts with any s~contractor~, or IMteridlmet, or to authorize any purchases by or through any subcon:ractors or , materialmen. in consideration of the maKing of S~id contract ~ith the Owner and the further consideration of One D9l1ar 1$1.00). to Contr~ctor paid by said Owner, and with the interlt of all parties I to be legally bound hereby, it is agreed that no Ilien shall be I filed a~ainst the building or PremiSeS or any pa~t thereof, by the Ccnt~actor or any subcontractor, or by any 09 the material~~n I I i I \ - _0- - - LEGAL DESCRIPTION Lindenwood Subdivision Phase IT Beginning a[ a pin a[ the Southwestern corner of lands now on formerly of William L. and Betty F. Sunday and at the Eastern line of lands now or formerly of Demeuios and Phyllis G. Karagiannis; I , Thence along the Southern boundary of land of said William L. ~d Betty F. Sunday and lands now or formerly of William E. and Aune L. Brubaker North Sevebty Seven DegTees Forty Two Minutes and Thiny Four Seconds East (N 770 42' 34" E) a diStance of Five Hundred Ninety Four and One Hundredth Feet (594.01 feet) [0 an iron pin a[ th~ Southeastern comer of lands now or formerly of William E. and Anne 1. Brubaker; I Thence along the Eastern border of land of William E. and Alnne L. Brubaker North Sixteen Degrees Forty Two Minutes Sixteen Seconds West (N 16' 42' 16' W) a distance of Two Hundred Fifteen and Thirty One Hundreths Feet (215.31 feel) to an irOD pin at the Southwestern comer of lands now or formerly of Frank M. and Regina M. ~ageI; : , I Thence along the Southern boundary of said lands of Frank M! and Regina M. Magel North Seventy One Degrees Forty Eight Minutes Thiny Nine Seconds fEast (N 71' 48' 39" E) a distance of Three Hundred Ninety Nine and Twenty Nine Hundred~ Feet (399.29 fcet); Thence along a proposed stonnwater management pond easemeJ as defined in the Final Subdivision Plan of Lindenwood Phase IT by Dawood Engineering. Inc. dated December I, 1998 with latest revision of March 25, 1999; the fallowing four (4) courses 3.nd distances; , ! 1) South Thiny DegItts Four Minutes Forty Nine Seconds West (S 300 04' 49" W) a distance of Eighty Seven and Fifty Three Hundredths Feet (87.53 fed) [Q a point; I 2) South Eighty Nine Degrees Thiny Two Minutes Thiny Four Seconds West (5 89" 32' 34" W) a distance of Thirty Two and Sixty One Hundredths Feet (~2.61 feet) to a point; 3) South Thiny Nine Degrees Forty Seven Minutes seventJn Seconds West (S 39' 47' 17 'W) a distance of Forty Seven and Sixty Five Hundredths Feet t7.65 feet) to a point: 4) South Twenty DegItts Thirty Nine Minutes Three Seconds East (S 20' 39' 03" E) a distance of Two Hundred Thirty Nine and Zero Hundredths Feet (239.00 feet) to a point; Thence along Lot No. 46 of the Final Subdivision Plan of Lindenwood _ Phase I South Five Degrees Eleven MinIlres Eleven Seconds East (S 50 II" 11" E) a distance of forty and no hundredths feet (40.00 feet) to a point; I Thence along Lot No. 45 of said Lindenwood - Phase r Subdivision Plan South Eleven Degrees Forty Eight Minures Twenty Five Seconds East (S lIo 48' 25!'E) a disunce of One Hundred Seventy J..Dd Zero Hundredths Feet (170.00 Feet) to 1 point; -J- U:HJBIT ",-\" LEGAL DESCRIPTION Lindenwood Subdivision Phase IT Thence along a stonnwater management pond easement of aforementioned subdivision the following three (3) courses and dist:lnces: 1) South Forty Four Degrees Nine Minutes Forty Three Se-;:onds West (S 440 09' 43" W) a distanCe of Thiny and Sixty Nine Hundredths Feet (30.69 Feet) to a point 2) South Twenty Seven Degrees Twenty Nine Minutes SL~teen Seconds East (S 270 29' 16" E) a distance of One Hundred Thirty Two and Fifty Four Hundredths Feet (132.54 Feet) to a point; 3) South Sixty Five Degrees Forty Minutes Twenty Eight Seconds East (S 650 40' 28" E) a distance of Sixteen and Forty Two Hundredths Feet (16.42 Feet) to a point; Thence along the Eastern and Southern border of Lot Number 44 of the afor=enuoned Lindenwood Phase I Subdivision Plan South Sixty Degrees Forty Two Minutes Sixteen Seconds East (S 600 42'16" E) a distance of Eighteen and Seventy Three Hundredths Feet (18.73 Feet) to a point thence along the same South Twenty Nine Degrees Thirty Nine Minutes Eleven Seconds (S 29" 39' II" E) a distance of One Hundred and Three and Thineen Hundredths Feet (103.13 Feet) to a point at Lot No. 43 of the aforesaid Lindenwood Phase I plan: Thence along said Lot No. 43 South Forty Four Degrees Fifty Six Minutes Forty Seconds West (S 44056' 40" W) a distance of Two Hundred and Thirteen and Seventy Hundredths Feet (213.70 Feet) to a point at the Southwestern border of said Lot No. 43 and the Northern right- of-way line of Emlyn Drive; Thence along the northern right-of-way of Emlyn Drive South Forty Five Degrees Two Minutes Ten Seconds East (S 4So 02' 10" E) a distance of Two Hundred Twenty Nine and Nineteen Hundredths Feet (229.19 Feet) to a point on the northern right-of-way line of Emlyn Drive: , . .1 I I , ! Thence along the same by a curve to the left with a radius of Two Hundred and Fifty and Zero Hundredths Feet (250.00 Feet) an arc length of Five Hundred and Eighty Seven Hundredths Feet (500.87 Feet) with a chord ~aring of North Seventy Seven Degrees nurty Four Minutes Six Seconds East (N 770 34' 06" E) and a chord distance of Four Hundred Twenty One and Twenty Hundredths Feet (421.20 Fect) to a point at the terminus of that portion of Emlyn Drive dedicated with the Lindenwood-Phase I Subdivision Plan; Thence along said tenninus of Emlyn Drive and continuing along Lot 40 of Lindenwood Phase I South Seventy Four Degrees Forty Four Minutes Zero SCl:onds lEast (S 74044' 00 " E) a distance of Two Hundred and Seventy Six Hundredths Feet (200.76 Fect) to a point on the Western right""f-way of South Market Street (Rt. 114 L.R. 416); . I ! . I Thence along the western right-of-way line of South Market Slreet South Fifteen Degrees Sixteen Minmes Zero Seconds West (S ISO 16' 00" W) a distance of Five Hundred Fifty Six and Zero Hundredths Feet (S56.oo Feet) to a pipe at l.1nds now or fomerly of the Mechanic:sburg Area School Disuict: i, i". ~ -.- LEGAL DESCRlPTION Lindenwood Subdivision Phase II Thence along Lands now or fOrtnerly of the Mecbanicsburg Area School Disuict North Seventy Four Degrees Forty Four Minutes Zero seconds West eN 740 fl4' oo"W) a distance of Three Hundred Ninety Five and Ninety Six Hundredths Feet (395.96 p.leet) to a pipe at lands of the same; Thence along the same North Forty Five Degrees Two Minues Ten Seconds West eN 450 02' 10" W) a distance of Four Hundred Thirty and Sixty One HllIldnidths Feet (430.61 Feet) to a pipe at the Northern boundary of land of [he Mechanicsburg Are, School District; Thence along the same South Forty Four Degrees Fifty Four l'finutes Fifteen Seconds West (S 440 54' 15"W) a disrance of One Hundred Fifty and zero Hu:odredths Fee[ (150.00 Feet) to a point; I Thence North Forty Five Degrees Two Minutes Tell Seconds West (N 45' 02' 10" W) a distance of One Hundred Fifty and Sixteen Hundredths (150.16 Feet) to a point on the Eastern right"f-way line of LavynndOD Lane; I 11= along the = right"f-way line of Lavyondon Line North Forty Four Degrees Fifty Seven Minutes Fifty Seconds East (N 440 57' 50"E) a distazlce of Forty and Zero Hundredths Feet (40.00 Feet) to a point; I Thence along a line separting Phase II and Phase ill the following three (3) courses and disrances: I 1) North Forty Five Degrees Two Minutes Ten Seconds Wesr- eN 45" 02' 10-W) a distance of Two Hundred Eighteen and Seventy Three Hundredths Feet (f 18. 73 Feet) to a point; 2) South Forty Four Degrees Fifty Scven Minutes Fifty Seconds /West (S 54' 57' 50"W) a distance of Thirty Four and Fifty Six Hundredths Feet (34.56 Feet) to a point; 3) North Forty Five Degrees Two Minutes Ten Seconds wesl eN 450 02' lO"W) a distance of One Hundred Eighty and Eighty Three Hundredths Feet (lSq.83 Feet) to a point on the Southern right"f-way of Lynobrook Way; I Thence North Forty Fivet Degrees Two Minutes Ten Seconds 'Yest eN 4SO 02' 10"W) a disrance of Fifty and Zero Hundredths Feet (50.00 Fcet) to a point on the Northern right~f- way of proposed Lynnbrook Way; I Thence along lhe northern right'ot~way line of Lynnbrook Way by a curve [Q the right , with a radius of Three hundred and zero hundredths Feet (300.00 Feet) an arc length of Ten and Eighty nine hundredths Feet 00.89 Feet) with a chord bearing of North Forty Two Degrces Fifty Five I I 1 , 'J. ., LEGAL DESCRIPTION Lindenwood SUbdivision I ' Phase n Minutes Seven Seconds East (N 420 S5' 07" E) and a chord distance bf Ten and Eighty Nine Hundredths (10.89 Fee[) co a point at a proposed stonn water management pond easement Thence along said stonn water amnagemem easement the fOlloling four (4) courses and ~~: I 1) South Eighty Seven Degrees Ten Minutes Fifcy Eighty Seco~ds West (S 87" 10' 58" W) a distance of One Hundred Ten and Ninety Three HlJDdredths Feet fllO.93 Feet) to a point; 2) North Seventy Six Degrees Thirty Nine Minutes Fifty Seven Seconds West (N 76039' 57" W) a distance of One Hundred and Ninety One Hundredths Feet (fOO.91 Feet) to a point; I 3) North Twenty Degrees Thirty Three Minutes Thiny Seven Seconds East (N 200 33' 37" E) a distance of Eighty Six and Seventy Seven Hundredths Feet (86.77 Feet) to a point; 4) North Seventy Degrees Twenty One MinUteS Twenty One sLonds West (N 70' 21' 21" W) a distance of Sixty One and Six Hundredths Feet (61.06 Feet) tala point on the Southern boundary of land now or formerly of Demetrios and PhYllis G. Karagiiumis; Thence along lands now or fonnerly of Demetrios and Phyllis IG. Karagiannis North Seventy Eight Degrees Fifty Four Minutes Twenty One Seconds EaSt (N 780 54' 21" E) a distance of Thirty and Zero Hundredths Feet (30.00 Feet) 10 a pin Ibca!ed at the Southeast comer of said lands of Karagiannis; I . Thence along the eastern boundary of said lands of Karagiannis North Twenty Five Degrees Fifty Two Minutes Twenty Seven Seconds West (N 25052' 27" IW) a dL'1al!ce of Three Hun:l..~d Twenty Four and Fifty Hundredths Feet (324.50 Feet) to a ~in at the southwestern comer of lands mow or formerly of William L. and Betty F. Sunday, the place of beginning. I The above described Inlet of land containing Twenty Three and One HJndredths Acres (23.01 Acres .:t. ) . more or less. L.rc:l!JIJ\9r6ROol: -~- ",' ,',' - - ". ". .', . ( ,.' '. " r..' . . , ' '_ t' j >- <:'1 '>- ~ r.c; LJ. r-- ~,..... .~ - .' u.!~:,; - i,:~~~ ~ I.).., p~ ~~:~. " "- ~ C- ',:' ;::~ lA ~ s-' - Cl,;:! ';..- ~ ~.:.; . 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