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HomeMy WebLinkAbout99-04997STIPULATION AGAINST LEENS WORTHINGTON DEVELOPMENT, L.P.,) In the Court of Common Pleas Owner ) Cumberland County, Pennsylvania Versus ) LEON E. WINTERMYER, INC. ) Contractor ) Number Term 1999 9? X1997 MA-0 WHEREAS, WORTHINGTON DEVELOPMENT, L. P., a Pennsylvania limited partnership, Owner, with its principal office located at 15 Maybelle Court, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with LEON E. WINTERMYER, INC., Contractor, of 220 Yocumtown Road, Etters, Pennsylvania, 17319, for the installation of underground utilities, curbing and paving for Meadowbrook Farms, Phase II, in Middlesex Township, Cumberland County, Pennsylvania, more fully described on Exhibit A attached hereto and made part hereof. NOW, G , 1999, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of one dollar, to Contractor paid by Owner it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. WITNESS/ATTEST: WORTHINGTON DEVELOPMENT, L. P., Owner By: MAYBELLE L. CLAYPOOL, INC., General Partner t By: (Vice) ident WITNESS/ATTEST: LEON E. WINTERMYER, INC., Contractor By: ent EXHIBIT A ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania. being Meadowbrook Farms, Phase 11, as shown on a plan entitled Meadowbrook Farms, Final Subdivision Plan Phase II, dated February 12, 1999, revised June 3, 1999 and recorded L4 . / 1999, in Cumberland County Plan Book `7 9 Page _e?j, more particularly bounded aid described as foil s: BEGINNING at an iron pin, lying in a southerly right-of-way line of West Middlesex Drive (60-foot right-of-way) and being a westerly comer of future Phase 10; thence along said lands, South 16 degrees 54 minutes 20 seconds east, 160.00 feet to an iron pin; thence continuing along said lands, North 73 degrees 05 minutes 40 seconds East, 24.02 feet to an iron pin; thence continuing along said lands, thence South 73 degrees 05 minutes 40 seconds West, a distance of 24.02 feet to an iron pin; thence continuing along said lands, South 16 degrees 54 minutes 20 seconds East, 227.57 feet to an iron pin; thence continuing along said lands, South 00 degrees 48 minutes 54 seconds East, 477.30 feet to an iron pin, lying along said lands and being a northerly comer of future Phase 111; thence along said lands, South 81 degrees 56 minutes 22 seconds West, 172.72 feet to an iron pin; thence continuing along said lands, South 08 degrees 03 minutes 38 seconds East, 33.71 feet to an iron pin; thence continuing along said lands, South 81 degrees 44 minutes 32 seconds West, 50.00 feet to an iron pin; thence continuing along said lands, South 81 degrees 56 minutes 22 seconds West, 184.55 feet to an iron pin; thence continuing along said lands, North 51 degrees 38 minutes 54 seconds West, 228.84 feet to an iron pin; thence continuing along said lands, North 44 degrees 54 minutes 41 seconds West, 111.90 feet to an iron pin, lying along said lands and being a southerly corner of Lot No. 62; thence along said lot, North 59 degrees 04 minutes 49 seconds East, 125.00 feet to an iron pin; thence continuing along said lot. North 30 degrees 55 minutes 11 seconds West, 200.00 feet to an iron pin, being a northerly comer of said lot and lying in a southerly right-of-way line of Mulberry Hill Road (50-foot right-of-way); thence along said right-of-way, North 59 degrees 04 minutes 49 seconds East, 22.00 feet to a point; thence traversing through said right-of-way, North 30 degrees 55 minutes 11 seconds West, 50.00 feet to a point; thence along said right-of-way, South 59 degrees 04 minutes 49 seconds West, 10.00 feet to an iron pin, lying along said right-of-way and being an easterly comer of Lot No. 55; thence along said lot, North 30 degrees 55 minutes 11 seconds West, 154.36 feet to an iron pin, being a northerly comer of said lot and lying in a southerly right-of-way line of West Middlesex Drive (60-foot right-of-way); thence along said right-of-way, North 58 degrees 33 minutes 39 seconds East, 153.96 feet to an iron pin; thence continuing along said right-of-way, North 59 degrees 13 minutes 29 seconds East, 153.96 feet to an iron pin; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of North 65 degrees 46 minutes 03 seconds East, a chord distance of 253.98 feet, a radius of 1,407.37 feet, and an arc distance of 254.32 feet to a point; thence continuing along said right-of-way, North 72 degrees 40 minutes 19 seconds East, 129.68 feet to an iron pin, being the place of BEGINNING. CONTAINING 11.085 acres. BEING THE SAME PREMISES which Pamay Development Co., inc., by its Deed dated August (,0 , 1999, and intended to be recorded immediately prior hereto in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, granted and conveyed unto Worthington Development, L.P., a Pennsylvania limited partnership, Owner herein. 19610).1 0 v _- 1 V h cl do N?? r 2 C?,g M p?OZg Q LL r Z UNJ cm a l 7i r I ,OLL T 0th, v DI