HomeMy WebLinkAbout99-02553
MAR. -31' 991WEDI II :03 NUDEL L.~W OFFiCE
TEL:'172355080
P. 005
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LINDENWOOD, INC.
Owner
IN THE COURT OF COMMON PLEAS
CUMBERWU~ COUNTY, PENNSYLVANIA
v.
BROWN & SON
Contractor
NO, 91- C;)~ 53
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~TIPULATION AGAINST LrEN~
WHEREAS, LINDENWOOD, INC., of 619 South Market Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055, (the
"Owner") the Owner of the hereinafter described tract of land,
has executed or is about to execute contemporaneously herewith a
cOntract with BROWN & SON of 257 Whiskey Spring, Dillsburg,
Pennsylvania 17019, (the "Contractor") for improvements to the
premises located at Upper Allen Township, Cumberland County,
Pennsylvania, more partiCularly described on "EXhibit A" attached
hereto and made a part hereof (the "Premises"),
NOW, ~~1(, 1999, before any authority has been given by
said Owner to the said Contractor to commence work on said
Premises or to otherwise construct any improvements thereto, or
to purchase materials for the same, or to enter into any
contracts with any subcontractors, or materialmen, or to
authori~e any purchases by or through any subcontractors or
materialmen, in consideration of the making of said Contract with
the Owner and the further consideration of One Dollar ($1.00), to
Contractor paid by said Owner, and with the intent of all. parties
to be legally bound hereby, it is agreed that no lien shall be
filed againsc the building or Premises or any part thereof, by
the Contractor or any subcontractor, or by any of the materialmen
or workmen or any other person for any labor, or materials
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LEGAl. DESCRJPTION
Llndenwood Subdivision
Phase Q
Beginning at a pin at the Southwestern comer of lands now 011 formerly of William 1.
and Betty F. SUDday and at the Eastern line of lands now or formerly of Dcmetrios and Phyllis
G, Karngiannis; j
,
Thence along the Southern boundary of land of said William L. and Betty F. Sunday and
lands now or formerly of William E. and Anne L. Brubaker North Seveiny Seven Degrees Forty
Two Minutes and Thirty Four Seconds East (N 770 42' 34" E) a diStance of Five Hundred
Ninety Four and One Hundredth Feet (594.01 feel) to an iron pin at the Southeastern comer of
lands now or formerly of William E. and Anne 1. Brubaker; :
,
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Thence along the Eastern border of land of William E, and .4me 1. Brubaker North
Sixteen Degrees Forty Two Minutes Sixteen Seconds West (N 16042' 16" W) a distance of Two
Hundred Fifteen and Thirty One Hundreths Feet (215.31 feet) to an irOD pin at the Southwestern
corner of lands now or formerly of Frank M. and Regina M. Magel; !
,
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 ;East (N 71048' 39" E)
a distance of Three Hundred Ninety Nine and Twenty Nine Hundredths Feet (399.29 feet);
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Thence along a proposed stonnwater management pond easement as defined in the Final
Subdivision Plan ofLindenwood Phase II by Dawood Engineering, Inc. dated D=mber I, 1998
wirh latest revision of March 25, 1999; rhe following four (4) courses and distances;
,
1) Sourh Thirty Degrees Four Minutes Fony Nine Seconds West (S 30" 04' 49" W)
a distance of Eighty Seven and Fifty Three Hundredths Feet (87.53 feer) to a point;
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2) South Eighty Nine Degrees Thirty Two Minutes Thirty Four Seconds West (S 89"
32' 34" W) a distance of Thirty Two aDd Sixty One Hun.dredths Feet (32.61 feet) to a point;
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3) South Thirty Nine Degrees Forty Seven Minutes Seventeen S=nds WCSI (S 390
47' 17 OW) a disWlce of Forry Seven and Sixty Five Hundredths Feet \47.65 feel) to a point;
4) South Twenty Degrees Thiny Nine Minutes Three Seconds East (S 20' 39' 03"
E) a distance of Two Hundred Thirty Nine and Zero Hundredths Feel (239.00 feet) 10 a point;
,
Thence along Lot No. 46 of the Final Subdivision Plan of Lindenwood . Phase I Sou!h
Five Degrees Eleven Minutes Eleven Seconds East (S 5' 11" 11" E) a disl.'1llce of forty and no
hundredths feet (40.00 feet) to a point; ,
Thence along Lot No. 45 of .\3id Lindenwood . Phase r Subdivision Plan Saurh Eleven
Degrees Forty Eight Minutes Twenty Five Seconds F..1st (S 11048' 25!'E) a distance of One
Hundred Seventy and Zero Hundredcb.s Fect (170.00 FeCI) to a poinl;
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EXH1BIT ";\11
LEGAL DESCRIPTION
Lindcnwood Subdivision
Pb:lSC l.I
Thence along a stormwater managewcnt pond easement of afm-ememioned subdivision
the following three (3) courses and distances: i
I
I
I) South Forry Four Degrees Nine Minutes Forty Three Seconds West (S 44009' 43"
W) a disrance of Thirty and Sixty Nine Hundredths Feet (30.69 Feet) /to a point
2) South Twenty Seven Degrees Twenty Nine Minutes Sixteen Se<:onds East (S 270
29' 16" E) a di~ of One Hundred Tbiny Two and Fifty Four Hundtedths Fcct (132.54 Feet)
. ,
10 a pOInt;
3) South Sixty Five Degrees Forry Minutes Twenty EightSeconds East (5 650 40'
28" E) a distance of Sixteen and Fony Two Hundredths Feet (16.42 tet) to a point;
Thence along the Eastern and Southern border of Lot Number of the aforementioned
Lindenwood Phase 1 Subdivision Plan South Sixty Degrees Forty Two }Minures Sixteen Seconds
East (S 60" 42' 16" E) a distance of Eighreen and Seventy Three Hundbiths Feet (18.73 Feet)
to a poine thence along the same South Twenty Nine Degrees 11tirtY Nine Minures Eleven
Seconds (S 29" 39' 11" E) a distance of One Hundred and Three and Thirteen Hundredths Feet
(103.13 Feet) 10 a point at Lot No. 43 of the aforesaid Lindenwood Phase I plan;
Thence along said Lot No. 43 South Forry Four Degrees Fifty sJ Minules Forty Seconds
West (S 440 56' 40" W) a distance of Two Hundred and Thineen and Seventy Hundredths Feet
(213.70 Feet) to a point at the Southwestern border of said Lot No. 43/ and the Nonhern right.
of-way line of Emlyn Drive; I
Thence along the northern right-of-way of Emlyn Drive South ~ony Five Degrees Two
Minutes Ten Seconds East (S 45002' 10" E) a distance of Two Hundred Twenry Nine and
Nineteen Hundredths Feet (229,19 Feer) to a point on the northern right-of-way line of Emlyn
~~; I
Thence along the same by a curve to the left with a. radius of TW9 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 bearing of North SeventY Seven De~s Thirty
Four Minutes Six Seconds East (N 770 34' 06" E) and a chord distance oif Four Hundred Twenty
One and Twenty Hundredths Feet (421.20 Feet) to a point at the tenIunus of that portion of
Emlyn Drive dedicated with the Lindenwood-Phase I Subdivision Plan/
Thence along said terminus of Emlyn Drive and continuing along Lot 40 of Lindenwood
Phase I South Seventy Four Degrees Forry Four Minutes Zero S=ndslEast (S 74044' 00 " E)
a distance of Two Hundred and Seventy Six Hundredths Feet (200.76 reel) to .1 poilll on the
Western right-of-way of South Markel Street (Rt. 1J4 LR. 416);
Thence along the western righl-of-way line of South Market SlIeet South Fifteen Degrees
Sbcreen Minutes Zero Seconds West (S 15016' 00" W) a diStance of Five Hundred Fifty Six and
Zero Hundredths Feet (556.00 Feel) to a pipe at lands now or formerly of the Mechanicsburg
Area School Disnict;
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LEGAL DESCRIPTION
Lindenwood Subdivision
Pha.~e IJ
Thence along Lands now or formerly of the Mechanicsburg Aiea School District North
Seventy Four Degrees Forty Four Minutes Zero seconds West (N 74oll4' OO"W) a distance of
Three Hundred Ninety Five and Ninety Six Hundredths Feet (395.96 Reet) to a pipe at lands of
thesmne: I
Thence along the smne North Forty Five Degrees Two Minues len Seconds West (N 450
02' 10" W) a distance of Four Hundred Thirty and Sixty One Hl1Ill1rlidths Feet (430.61 Feet)
10 a pipe at the Nonhern boundary of land of we Mcchanicsburg Ard School District;
I
Thence along the same South Forty Four Degrees Fifty Fo\lI' Ij-1inutes Fifteen Seconds
West (S 440 54' IS"W) a distance of One Hundred Fifty and zero Hundredths Feet (150.00
Feet) to a point; I
Thence North Forty Five Degrees Two Minutes Ten Seconds West (N 450 02' 10" W)
a distance of One Hundred Fifty and Sixteen Hundredths (150.16 Feet) to a point on the Eastern
right-<lf-way line of Lavynndon Lane; I
Thm:c along th:: ~ rigbt-<lf-way lin: of Llvynrxlon Llne forth Fony Four Degrees
Fifty Seven Minutes Fifty Seconds East (N 440 57' 50"E) a distance of Forty and Zero
Hundredths Feet (40,00 Feet) to a point: I
Thence along a line sepaning Phase II and Phase ill the following three (3) courses and
distances: I
I) Nonh Forty Five Degrees Two Minutes Ten Seconds WeS!- eN 4SO 02' 10"W) a
distance of Two Hundred Eighteen and Seventy Three Hundredths Feet (1Z18. 73 Feet) 10 a point;
2) South Forty Four Degrees Fifty Seven Minules Fifty Seconds (lwest (5 540 57' 50"W)
a distance of Thirty Four and Fifty Six Hundredths Feet (34.56 Feet) I a point;
3) North Forty Five Degrees Two Minutes Ten Seconds Wes (N 450 02' IO"W) a
distance of One Hundred Eighty and Eighty Three Hundredths Feet (180.83 Feet) to a point on
the Sourbern righl-<lf-way of Lynnbrook Way; I
Thence North Forty Fivet Degrees Two Minules Ten Seconds 'Yest (N 450 02' 10"W)
a distance of Fifty and Zero Hundredths Feet (50.00 Feet) to a painl on: the Nonhern right,-<lf-
way of proposed Lynnbrock Way; 1
Thence along the nonhern righl-oC-way line of Lynnbrook Way y a curve to the right
with a radius of Three hundred and zero hundredths Feet (300.00 Feel) an arc length of Ten :md
Eighty nine hundredlhs Feel 00.89 Feet) with a chord bearing of North Forty Two Degrees
Fierj Five i
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LEGAL DESClUPTION
Lindenwood Subdivision I
Phase J]
Minutes Scven Seconds East (N 420 55' 07" E) J..Dd a chord distance ~f T~n and Eighty Nine
Hundredths (10.89 Feet) [0 a point at a proposed storm Watu managemern pond easement
Thence along said storm water amnag=cDt easement thc fOlloling four (4) courses and
distances: I
I) South Eighty Seven Degrees Ten Minutes Fifty Eighty Seconds West (S 87" 10' 58"
W) a distance of One Hund~ Ten and Ninety Three Hundredths Feet j110,93 Feet) to a point;
2) North Seventy Six Degrees Thirty Nine ~inutes Fifty Seven Seconds West (N 760 39'
57" W) a distance of One Hundred and Ninety One Hundredths Feet (~00,91 Feet) [0 a point;
I
3) North Twenty Degrees Thirty Three Minutes Thirty Scven Seconds East (N 20" 33'
37" E) a distance of Eighty Six and Seventy Seven Hundredths Feet (86.77 Feet) [0 a point;
4) North Seventy Degrees Twenty One MinUtes Twenty One slonds West (N 700 21'
21" W) a distance of Sixty One and Six Hundredths Feel (61.06 Feet) lola point on tbe Southern
boundary of land now or formerly of Demetrios and Phyllis G. Karagiannis;
Thence along lands now or formerly of Demetrios and Phyllis !G. Karagiannis North
Seventy Eight Degrees Fifty Four Minutes Twenty One SCl:onds Easl (N 780 54' 21" E) a
disrance of Thirty and Zero Hundredths Feet (30.00 Feet) to a pin Ibcatcd at the Southeast
comer of said lands of Karagiannis; I
Thence along the eastern boundary of said lands of Karagiannis Nonh Twenty Five
Degrees Fifty Two Minutes Twenty Seven Seconds West (N 25052' 27"1W) a distance of Three
Hundred Twenty Four and Fifty Hund~ths Feet (324.50 Feel) to a IIin at the southwestern
comer of lands mow or formerly of William L. and Betty F. Sunday, i place of beginning.
The above described tract of land containing Twenty Three and One Hundredtbs Acres (23.01
Acres .:t. ) , more or less. I
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