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
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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.
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