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Home My WebLink About07-2532~ r BHH PARTNERS, AND HAUBERT HOMES, INC. IN THE COURT OF COMMON PLEAS Owners CUMBERLAND COUNTY, PENNSYLVANIA Contractor NO. b~7 - o~s3o~ ~ ~~ . ~ 1 STIPULATION AGAINST LIENS WHEREAS, BHH PARTNERS, with an address of 15 Central Boulevard, Camp Hill, PA 17011 ("Owner"), the Owner of the real estate described herein, has executed a Contract with HAUBERT HOMES, INC. ("Contractor"), whose principal place of business is located at 15 Central Boulevard, Camp Hill, PA for the construction of certain improvements to said real estate situate in Lower Allen Township, Cumberland County, Pennsylvania ("Premises") as more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this 1 day of Y ~ 1 _, 2007, before any authority had been given by Owner to Contractor to commence work on said facilities or purchase materials for same, in consideration of making of the above-described Contract between Owner and Contractor, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land described herein or any interest of Owner therein 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 abut 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 described herein, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN ORDER to give the Owner full power and authority to protect Owner and the building and improvements located on the Premises against any and all claims filed by Contractor or i anyone acting under or through Contractor in violation of the foregoing covenants, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in the Court of Common Pleas of Cumberland County for Contractor and, in Contractor's name, mark satisfied of record, at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building and improvements located on the Premises or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. 2 IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives, have hereunto executed the Stipulation Against Liens this ! ~~ day of , 2007. Dated: ~ ~' ~ D ~ BHH PARTNERS By: Haubert Homes, Inc., general partner By: (.~,., Name: Don E. Haubert, Sr. Title: President HAUBERT HOMES, INC. By: ~ ~~L Name: Don E. Haubert, Sr. Title: President 3 i EXHIBIT "A" ALL THAT CERTAIN lot remaining in Phase I of the Heights of Beacon Hill, Lower Allen Township, Cumberland County, as shown in Plan Book 75, Page 3, as follows: Lot No. 46. ALL THOSE CERTAIN lots remaining in Phase II of the Heights of Beacon Hill, Lower Allen Township, Cumberland County, as shown in Plan Book 82, Page 47 and revised in Plan Book 84, Page 38, as follows: Lot Nos. 89, 90, 91, 92, 105, 106, 119, 121, 123 and 124. PHASE III and future PHASE IV ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and fully described as follows: BEGINNING at a point on the northern right-of--way line of Beacon Hill Boulevard, said point being the southern corner of Lot No. 68 of Phase I of the Heights of Beacon Hill P.R.D., and the southern corner of said phase; THENCE along the eastern boundary of Phase I North 31 degrees 48 minutes 06 seconds East, a distance of 293.29 feet to a point on the right-of--way of Tisbury Circle; THENCE along saidright-of--way with a curve to the left, having a radius of 100.00 feet and an arc length of 93.18 feet to a point on the right-of--way of Tisbury Circle; THENCE along said right-of--way with a curve to the right, having a radius of 10.00 feet and an arc length of 12.47 feet to a point; THENCE along a line on the eastern boundary of Phase I North 49 degrees 51 minutes 36 seconds East, a distance of 50.00 feet to a point; THENCE along anon-tangent curve to the right having a radius of 10.00 feet, an arc length of 12.47 feet, and a chord bearing North 04 degrees 24 minutes 59 seconds West, a distance of 11.68 feet to a point on the right-of--way of Tisbury Circle; THENCE along a curve to the left having a radius of 100.00 feet and an arc length of 76.68 feet to a point, said point being the southern corner of Lot 141 of Phase II of the Heights of Beacon Hill P.R.D.; .. THENCE along Lot 141 North 77 degrees 22 minutes 30 seconds East, a distance of 33.84 feet to a point, said point being the western corner of Lot 140 of Phase II; THENCE along Lot 140 South 50 degrees 37 minutes 50 seconds East, a distance of 75.68 feet to a point, said point being the western corner of Lot 139 of Phase II; THENCE along Lot 139 South 51 degrees 54 minutes 56 seconds East, a distance of 66.01 feet to a point, said point being the western corner of Lot 138 of Phase II; THENCE along Lot 138 South 50 degrees 47 minutes 09 seconds East, a distance of 64.46 feet to a point, said point being the western corner of Lot 137 of Phase II; THENCE along Lot 137 South 49 degrees 51 minutes 25 seconds East, a distance of 65.33 feet to a point, said point being the western corner of Lot 136 of Phase II; THENCE along Lot 136 South 48 degrees 03 minutes 12 seconds East, a distance of 99.15 feet to a point, said point being the western corner of Lot 135 of Phase II; THENCE along Lot 135 South 21 degrees 43 minutes 31 seconds East, a distance of 34.31 feet to a point, said point being the southwestern corner of Lot 134 of Phase II; THENCE along Lot 134 South 48 degrees 57 minutes 37 seconds East, a distance of 231.50 feet to a point, said point being the southeastern corner of Lot 133; THENCE along Lot 133 South 63 degrees 44 minutes 09 seconds East, a distance of 121.54 feet to a point, said point being the eastern corner of Lot 133 and the southern corner of Phase II of the Heights of Beacon Hill P.R.D.; THENCE along lands now or formerly of Robert Sheaffer South 20 degrees 48 minutes OS seconds East, a distance of 957.67 feet to a point, said point being the western corner of lands now or formerly of Quentin and Frances Berg; THENCE along said property South 47 degrees 14 minutes 00 seconds East, a distance of 753.43 feet to a point; THENCE South 67 degrees 14 minutes 56 seconds East, a distance of 49.35 feet to a point in Poplar Street; THENCE along said street South 02 degrees 37 minutes 34 seconds West, a distance of 116.40 feet to a point in Poplar Street; THENCE along the northern right-of--way line of Beacon Hill Boulevard North 81 degrees 51 minutes 39 seconds West, a distance of 583.63 feet to a point on said right-of--way; THENCE along a curve to the right having a radius of 421.45 feet and an arc length of 395.54 feet to a point on said right-of--way; + ~ a THENCE South 61 degrees 54 minutes 41 seconds West, a distance of 5.00 feet to a point on said right-of--way; THENCE along anon-tangent curve to the right having a radius of 426.45 feet, an arc length of 2.98 feet, and a chord bearing South 27 degrees 53 minutes 17 seconds East, a distance of 1.49 feet to a point on the right-of--way of Beacon Hill Boulevard; THENCE along said right-of--way North 27 degrees 41 minutes 16 seconds West, a distance of 831.61 feet to a point on said right-of--way; THENCE along a curve to the left having a radius of 1591.58 feet and an arc length of 737.86 feet to a point on saidright-of--way; THENCE along a line North 54 degrees 15 minutes O1 seconds West, a distance of 77.74 feet to a point on the right-of--way of Beacon Hill Boulevard; THENCE along a curve to the left having a radius of 780.23 feet and an arc length of 32.74 feet to the point and PLACE OF BEGINNING. CONTAINING 1,116,937.67 square feet or 25.641 acres. BEING a portion of the same premises which Beacon Hill Heights Development Corporation by its Deed dated May 28, 1997 and recorded May 30, 1997 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 158, Page 520, granted and conveyed unto BHH Partners, a Pennsylvania general partnership. 469820v1 6 ~`~ ~ ~ f, ~ c ~ .~ 4 p W '~ * ~ ~C C c~ ~O T~ 1 e N [~ ~:.~ -~ _ ~y ~ ---, ~~ _~ ,~_ f N _ ' ~i lj ' --}, L ' ~~ r~ _ ~~ i t'i - ~'`~ _~ ~ i \J .~