HomeMy WebLinkAbout07-3187ELBERT, L.P., IN THE COURT OF COMMON PLEAS OF
Owner CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICKEL HOMES, L.L.C., No. 07- 3 I $ ? MLD
Contractor
STIPULATION AGAINST LIENS
WHEREAS, ELBERT, L.P., a Pennsylvania Limited Partnership, of 7 Whispering Pines
Lane, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Owner, is about to
execute contemporaneously herewith, a contract, with NICKEL HOMES, L.L.C., a
Pennsylvania Limited Liability Company, of 384 Lake Meade Drive, East Berlin, Adams County,
Pennsylvaniafor the erection of a dwelling on each of the hereinafter described lots ancillary to
development in a complex known as Westgate Development, South Middleton Township,
Cumberland County, Pennsylvania, construction described as follows:
ALL THOSE CERTAIN tracts of land situate in the Township of South Middleton Township,
Cumberland County, Commonwealth of Pennsylvania known as Phases No. V, VI & VII of Westgate
Development prepared by Hartman & Associates, a copy of which is recorded in the Recorder of Deeds Office of
Cumberland County in Plan Book Volume 94, Page 59 on May 21, 2007, bounded and described as follows:
Lot 125
BEGINNING at a point on the northern right-of--way line of Westgate Drive, at the terminus of a curve,
connecting saidright-of--way line with the eastern right-of--way line of White Oak Circle; thence from said point of
Beginning by a curve to the right, having a radius of twenty-five feet (R=25.00 ), an arc length of forty and
thirty-eight hundredths feet (A/L=40.38) to a point; thence by the eastern right-of--way line of White Oak Circle,
North four degrees, forty-two minutes, nineteen seconds West (N 04° 42' 19" {i'), a distance of forty-seven and
seventy-four hundredths feet (47.74) to a point; thence continuing along said right-of--way line, by a curve to the
right, having a radius of one hundred seventy-five feet (R=175.00 ), an arc length of sixty-three and twenty-four
hundredths feet (A/L=63.24) to a point; thence by Lot No. 131 of Phase VII, South seventy-four degrees, zero
minutes, zero seconds East (S 74° 00' 00" E), a distance of forty-eight and two hundredths feet (48.02) to a
point; thence continuing by Lot No. 131, North seventy-eight degrees, thirty-minutes, zero seconds East (1V 78°
30' 00" E), a distance of fifty-two and thirty-six hundredths feet (52.36) to a point; thence by Lot No. 126
South nine degrees, twenty-five minutes, zero seconds East (S 09° 25' 00" E), a distance one hundred nineteen
and forty-three hundredths feet (119.43) to a point on the northern right-of--way line of Westgate Drive; thence by
the northern right-of--way line of Westgate Drive, by a curve to the right, having a radius of nine hundred seventy-
five feet (R=975.00 ), an arc length of thirty-seven and two hundredths feet (A/L=37.02) to a point; thence
continuing along the same, South eighty-two degrees, forty-five minutes, thirty-two seconds West (S 82° 45' 32"
t~, a distance of fifty-five and three hundredths feet (55.03) to a point, the place of BEGINNING.
CONTAINING 13532.76 sq. ft. or 0.3107 acres.
BEING Lot No. 125, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs,
Cumberland County, Pennsylvania.
Lot 126
BEGINNING at a point on the northern right-of--way line of Westgate Drive, said point being located the
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following two (2) courses from the terminus of a curve connecting the northern right-of--way line of Westgate
Drive with the eastern right-of--way line of White Oak Circle, (1) North eighty-two degrees, forty-five minutes,
thirty-two seconds East, (N 82° 45' 32" E), a distance of fifty-five and three hundredths feet (55.03'), (2) by a
curve to the left, having a radius of nine hundred seventy-five feet (R=975.00'), an arc length of thirty-seven and
two hundredths feet (A2=37.02') to a point; thence from said point of Beginning, by Lot No. 125, North nine
degrees, twenty-five minutes, zero seconds West (N 09° 25' 00" if'), a distance of one hundred nineteen and
forty-three hundredths feet (119.43) to a point on the line of Lot No. 131 of Phase VII; thence by Lot No. 131
and Lot 130 of Phase VII respectively, North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30'
00" E), a distance of seventy-seven and ten hundredths feet (77.10) to a point; thence by Lot No. 127 South
eleven degrees, thirty minutes, zero seconds East (S 11 ° 30' 00" E), a distance of one hundred twenty feet
(120.00) to a point on the northern right-of--way line of Westgate Drive; thence by the northern right-of--way line
of Westgate Drive, the following two (2) courses: (I) South seventy-eight degrees, thirty minutes, zero seconds
West (S 78° 30' 00" [~, a distance of forty-six feet (46.00) to a point (2) by a curve to the right, having a radius
of nine hundred seventy-five feet (R=975.00), an arc length of thirty-five and forty-five hundredths feet
(A/L=35.45) to a point, the place of BEGINNING.
CONTAINING 9506.86 sq ft or 0.2182 acres.
BEING Lot No. 126, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs,
Cumberland County, Pennsylvania.
of 127
BEGINNING at a point on the northern right-of--way line of Westgate Drive, said point being referenced, South
seventy-eight degrees, thirty minutes, zero seconds West (S 78° 30' 00" W), a distance of one hundred eighty-six
and seventy hundredths feet (186.70') from the terminus of a curve connecting said right-of--way line with the
western right-of--way line of West Oak Circle; thence from said point of Beginning, by the northern right-of--way
line of Westgate Drive, South seventy-eight degrees, thirty minutes, zero seconds West (S 78° 30' 00" i;~, a
distance of eighty feet (80.00) to a point; thence by Lot No. 126, North eleven degrees, thirty minutes, zero
seconds West (N 11 ° 30' 00" ~, a distance of one hundred twenty feet (120.00) to a point; thence by Lot No.
13 of Phase VII, North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30' 00" E), a distance of
eighty feet (80.00) to a point; thence by Lot No. 128, South eleven degrees thirty minutes, zero seconds East (S
11 ° 30' 00" E), a distance of one hundred twenty feet (120.00) to a point; the place of BEGINNING.
CONTAINING 9600 sq ft or 0.2204 acres.
BEING Lot No. 127, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs,
Cumberland County, Pennsylvania.
WHEREAS, each said dwelling to be constructed is a "residential building" as defined in
section 1201 of the Mechanics' Lien Law of 1963, as amended, 49 P.S. § 1201(14); and
WHEREAS, the total contract price for the construction of all said residential buildings is
less than $1,000,000.00.
NOW, this 25~~
day of May, 2007, at the time of and immediately before the
execution of the principal contract dated the same date, and before any authonty 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 Owner, and the
further consideration of One Dollar and 00/100 ($1.00), 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
r` r r ,
It is intended that this Stipulation shall constitute a waiver of Mechanics' Liens by
Contractor and by any suppliers or subcontractors pursuant to sections 1401 and 1402 of the
Mechanics' Lien Law of 1963, as amended, 49 P.S. §§1401(a)(1) and 1402.WITNESS, our hand
and seals the day and year aforesaid.
SIGNED, SEALED AND DELIVERED
in the presence of
WITNESS:
ELBERT, L.P.
BY:
Debra L. Frey, General artner
NICKEL HOMES, L.L.C.
BY:
Walter F. Nickel, III,
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