HomeMy WebLinkAbout99-02870r'
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LOGAN'S RUN ASSOCIATES,
a Pennsylvania general partnership,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Owner
V.
LEON E. WINTERMYER, INC.,
Contractor
NO. qq v a8r7C)
STIPULATION AGAINST LIENS
WHEREAS, LOGAN'S RUN ASSOCIATES, a Pennsylvania general partnership
("Owner") the owner of the real estate described below, have or are about to execute a
contract with LEON W. WINTERMYER, INC., ("Contractor") whose place of business is
located at 220 Yocumtown Road, Etters, Pennsylvania 17319, for the excavation and site
preparation of Phase III, Penn Valley, East Pennsboro Township, Cumberland. County,
Pennsylvania, to be recorded in Cumberland County Recorder of Deeds Office, and more
particularly bounded and described on Exhibit "A" attached hereto and made a part
hereof.
NOW, THEREFORE, this ? day of May, 1999, 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 makingof 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 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 _24kday of
May, 1999.
WITNESS:
OWNER:
LOGAN'S RUN ASSOCIATES,
a Pennsylvania General Partnership
By: Logan's Run Corporation, Partner
By:
Arnold T. Shienvold, President
By: Haubert Homes, Inc., Partner
By:
Don E. Haubert, Sr., President
maintained against the Owner's facilities and the lard 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 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 T day of
May, 1999.
WITNESS:
OWNER:
LOGAN'S RUN ASSOCIATES,
a Pennsylvania General Partnership
By: Logan's Run Corporation, Partner
By:
Arnold T. Shienvold, President
By: Haubert Homes, Inc., Partner
By: . ) f?ZGYL 'i, u-j_
Don E. Haubert, Sr., President
WITNESS:
CONTRACTOR:
LEON E. WINTERMYER, INC.
C By.__? 4-?--_?
id-Sonja. L g Asst Secretary "Leon E. Wintermyer, sent
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro,
County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and
described as follows to wit:
BEGINNING at a point on the western right-of-way line of Willow Way Drive (50' wide)
at the dividing line between lot no. 132, Phase 3 and lot no. 133 Phase 2 as shown on the
hereinafter mentioned plan; thence along the last mentioned dividing line South 55
degrees 16 minutes 39 seconds West a distance of 100.00 feet to a point on the eastern line
of the Logan's Run Development; thence along the eastern line of the Logan's Run
Development North 34 degrees 43 minutes 21 seconds West (erroneously shown on the
Final Plan of Penn Valley, Phase 3 as North 34 degrees 43 minutes 41 seconds West) a
distance of 544.56 feet to a point; thence along the dividing line between Phase 3 and
future Phase 4 North 80 degrees 14 minutes 45 seconds East a distance of 36.88 feet to a
point; thence continuing along the same North 16 degrees 05 minutes 00 seconds East a
distance of 137.99 feet to a point on the southern right-of-way line of Maplewood Lane;
thence along the southern right-of-way line of Maplewood Lane by a curve, curving to the
right having a radius of 250.00 feet and an are length of 104.70 feet to a point; thence
along the dividing line between Phase 3 and future Phase 4 crossing Maplewood Lane
North 40 degrees 04 minutes 46 seconds East a distance of 50.00 feet to a point on the
northern right-of-way line of Maplewood Lane; thence continuing along the dividing line
between Phase 3 and future Phase 4 North 40 degrees 04 minutes 46 seconds East a
distance of 150.83 feet to a point; thence continuing along the same South 29 degrees 34
minutes 53 seconds East a distance of 48.29 feet to a point; thence continuing along the
same North 86 degrees 02 minutes 23 seconds East a distance of 226.44 feet to a point;
thence continuing along the same North 80 degrees 14 minutes 45 seconds East a distance
of 255.00 feet to a point on the western right-of-way line of Elm Drive; thence along the
dividing line between future Phase 4 and the western right-of-way line of Elm Drive,
Phase 3 North 09 degrees 45 minutes 15 seconds West a distance of 100.00 feet to a point
on the southern right-of-way line of Blue Spruce Drive; thence crossing Blue Spruce Drive
and along the dividing line between future Phase 4 and Phase 3 North 09 degrees 45
minutes 15 seconds West a distance of 50.00 feet to a point on the northern right-of-way
line of Blue Spruce Drive; thence along the northern right-of-way line of Blue Spruce
Drive North 80 degrees 14 minutes 45 seconds East a distance of 50.00 feet to a point at
the dividing line between future Phase 4, Phase 3 and Phase 1; thence along the dividing
line between Phase 3 and Phase 1 crossing Blue Spruce Drive South 09 degrees 45
minutes 15 seconds East a distance of 50.00 feet to a point on the southern right-of-way
line of Blue Spruce Drive and the eastern right-of-way line of Elm Drive; thence along the
eastern right-of-way line of Elm Drive and the dividing line between Phase 3 and Phase
1 South 09 degrees 45 minutes 15 seconds East a distance of 225.63 feet to a point in
Maplewood Lane; thence through Maplewood Lane South 09 degrees 00 minutes 00
seconds East a distance of 24.37 feet to a point on the southern right-of-way line of
Maplewood Lane; thence along the southern right-of-way line of Maplewood Lane and
along the dividing line between Phase 1 and Phase 3 North 80 degrees 14 minutes 45
seconds East a distance of 100.00 feet to a point; thence along the dividing line between
Phase 1 and Phase 3 South 09 degrees 09 minutes 52 seconds East a distance of 214.99
feet to a point; thence continuing along the same North 81 degrees 00 minutes 00 seconds
East a distance of 82.22 feet to a point; thence continuing along the same South 09 degrees
45 minutes 15 seconds East a distance of 99.48 feet to a point at the dividing line between
Phase 1, Phase 2 and Phase 3; thence along the dividing line between Phase 2 and Phase
3 South 69 degrees 41 minutes 14 seconds West a distance of 2.68 feet to a point; thence
continuing along the same South 81 degrees 00 minutes 00 seconds West a distance of
101.50 feet to a point on the eastern right-of-way line of Elm Drive; thence continuing
along the dividing line between Phase 2 and Phase 3 crossing Elm Drive South 81 degrees
00 minutes 00 seconds West a distance of 50.00 feet to a point on the western right-of-way
line of Elm Drive; thence alongthe western right-of-way line of Elm Drive and the dividing
line between Phase 2 and Phase 3 South 09 degrees 00 minutes 00 seconds East a distance
of 18.31 feet to a point; thence continuing along the dividing line between Phase 2 and
Phase 3 South 81 degrees 00 minutes 00 seconds West a distance of 100.00 feet to a point;
thence continuingalong the same South 78 degrees 42 minutes 49 seconds West a distance
of 119.78 feet to a point; thence continuing along the same South 55 degrees 16 minutes
39 seconds West a distance of 107.26 feet to a point on the eastern right-of-way line of
Willow Way Drive; thence continuing along the same and crossing Willow Way Drive
South 55 degrees 16 minutes 39 seconds West a distance of 50.00 feet to a point on the
western right-of-way line of Willow Way Drive; thence continuing along the same and
along the western right-of-way line of Willow Way Drive South 34 degrees 43 minutes 21
seconds East a distance of 56.35 feet to a point, said point being the place of BEGINNING.
BEING Phase 3 of Penn Valley, recorded in Plan Book 78, page 114.
CONTAINING 10.75 acres.
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