HomeMy WebLinkAbout03-3756STIPULATION AGAINST LIENS
DP INDUSTRIAL, LLC )
a Delaware Limited Liability Company, )
Owner )
V.
GREENFIELD BUILDERS INCORPORATED,
an Indiana corporation,
Contractor
)
)
)
)
)
In the Court of Common Pleas
County of Cumberland, Pennsylvania
Number Term 2003
WHEREAS, DP Industrial, LLC, Owner, of 1200 Financial Boulevard, Reno, Nevada, 89502, has executed on the 25*
day of September, 2002 a cuntmct with Greenfield Builders Incorporated, Contractor, of 3144 North Shadeland Avenue,
Indianapolis, Indiana, 46226 for the construction and/or erection of road improvements, utilities and related site work upon
land situate in North Middletown Township, Cumberland County, Pennsylvania, being more fully bounded and described on
Exhi'bit "A" attached hereto and made part hereof.
NOW, this 30t~ day of July, 2003, before any authority has been given by the said Owner to the said Contractor to commence
work on the said road or to purchase materials for the same in consideration of the making of the said contract with Conlmctor
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 subcon~'actor, 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.
This Stipulation against Liens may be executed in counterparts, each of which shall be fully effective as an original and all of
which together shall constitute one and the same instrument.
WITNESS, our hand and seal the day and year aforesaid.
Signed, Sealed and Delivered
in the Presence of
DP Industrial, LLC, a Delaware Limited
Liability Company ~~~-
Greenfield Builders Incorporated, Contractor
SL1 370493vl/64470.004
EXHIBIT "A"
PROPERTY DESCRIPTION
Tract A
ALL THAT CERTAIN tract of land being situated on the east side of Meadowbrook Road, T-706, and the north
side of Newville Road, SR 0641, in the Township of North Middleton, Cumberland County, Pennsylvania said
tract being more particularly bounded and described as follows:
BEGINNING at a railroad spike in the centerline of Meadowbrook Road, T-706, (33' wide right-of-way), said
spike being the northwest comer of the hereon described tract and a comer of lands of Richard K. and Mary Beth
Howell; thence along the lands of Richard K. and Mary Beth Howell, and crossing a rebar at a distance of 25.05
feet east ofthe last described point, North 80 degrees 27 minutes 37 seconds East a distance of 1532.03 feet to a
point on the western line of the lands of Pattie A. Howell; thence along the lands of Pattie Howell, South 24
degrees 31 minutes 57 seconds East a distance of 720.37 feet to a point in the eenterline of Newville Road; thence
along the centerline of Newville Road the five following courses and distances: (1) South 76 degrees 48 minutes
54 seconds West a distance of 644.51 feet to a point; (2) along a curve to the right with an arc length of 350.02
feet, with a radius of 1452.36 feet, with a chord bearing of South 83 degrees 43 minutes 08 seconds West, and a
chord length of 349.17 feet to a point; (3) North 89 degrees 22 minutes 39 seconds West a distance of 129.42 feet
to a point; (4) along a curve to the right with an arc length of 200.01 feet, with a radius of 2424.64 feet, with a
chord beating of North 87 degrees 00 minute 51 seconds West, and a chord length of 199.96 feet to a point; (5)
North 84 degrees 39 minutes 05 seconds West a distance of 453.72 feet, to a point, said point being near the
eenterline of Meadowbrook Road; thence along the centerline of Meadowbrook Road, North 05 degrees 50
minutes 38 seconds West a distance of 535.31 feet to a railroad spike at lands of Richard and Mary Beth Howell,
the point of Beginning.
BEING PART OF THE SAME PREMISES which Donna M. Howell, as Trustee for Mark E. Howell, under a
Trust Agreement dated December 28, 1978 by Deed dated December 31, 1993 and recorded in Cumberland
County in Record Book 119 page 1093 conveyed unto Mark E. Howell.
Tract B
ALL THAT CERTAIN tract of land being situated on the east side of Meadowbrook Road, T-706, in the
Township of North Middleton, Cumberland County, Pennsylvania, said tract being more particularly bounded and
described as follows:
BEGINNING at a railroad spike near the canterline of Meadowbrook Road, T-706 (33' wide right-of-way), said
point being the northwest corner of the hereon described tract and a point on the southern line of the lands of
Dermody Properties; thence along the lands of Dermody Properties, North 80 degrees 27 minutes 10 seconds East
a distance of 2106.79 feet, to a point on the westem line of the lands of John M. and Beulah B. Lippert; thence
along the lands of John M. and Beulah B. Lippert, South 27 degrees 06 rrfmutes I0 seconds East a distance of
272.43 feet, to a point on the northern line of the lands of Parole A. Howell; thence along the lands of Pattie A.
Howell and along the lands of Mark E. Howell, South 80 degrees 27 minutes 37 seconds West a distance of
2205.75 feet, to a railroad spike in the centerline of Meadowbrook Road, said last described line having passed
over a rebar at a distance of 25.05 feet east of the last described point; thence along the centerline of Meadowbrook
Road, North 05 degrees 50 minutes 38 seconds West a distance of 260.00 feet, to a railroad spike, the point of
Beginning
BEING THE SAME PREMISES which Richard K. Howell by Deed dated October 12, 1998 and recorded in
Cumberland County in Record Book 189 page 473 conveyed unto Richard K. Howell and Mary Beth P. Howell,
husband and wife.
SL1 370493v 1/64470.01M