HomeMy WebLinkAbout03-4103STIPULATION AGAINST LIENS
WORTHINGTON DEVELOPMENT, L.P.,
Owner
CLAYPOOL III-TIDAY, LLC,
As joint venturer
Versus
In the Court of Common Pleas
Cumberland County, Pennsylvania
Number
Term 2003
LEON E. WINTERMYER, INC.,
Contractor
WHEREAS, Worthington Development, L.P., a Pennsylvania limited partnership, Owner and Claypool lii-
Tiday, LLC, a Pennsylvania limited liability company, as joint venturer, executed herewith a contract with Leon E.
Wintermyer, Inc., Contractor, of 220 Yocumtown Road, Etters, Pennsylvania, for the installation of underground
utilities, curbing and paving for that real property commonly known as Meadowbrook Farms, Phase III, in
Middlesex Township, Cumberland County, Pennsylvania, and more fully described on Exhibit A attached hereto
and made a part hereof (the "Property").
NOW, this ~l~ day of ~tt~USJ' , 2003, at thc time of and immediately
before
the
execution of the principal contracff, and before any authority has been given by thc said Owner to thc said
Contractor to commence work on the said Property or to purchase materials for thc same in consideration of thc
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 thc Property by the contractor, or any subcontractor, 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 installation of thc underground utilities, curbing and paving on the Property, 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.
[Remainder of Page Intentionally Left Blank]
SL1 352444v 1/68450.001
WITNESS, our hand and seal the day and year aforesaid.
Signed, Sealed and Delivered
in the Presence of
Worthington Development, L.P., Owner
By: Maybelle L. Claypool, Inc., its general partner
Title: ~'[~.-~.~.~'ff / /
Claypool IlI-Tiday, LLC, Joint Venturer
Print Name:
Title:
Leon E. Wintermyer, Inc., Contractor
Prigte4~ame:
Title:
SL1 352444vl/68450.001
WITNESS, our hand and seal the day and year aforesaid.
Signed, Sealed and Delivered
in the Presence of
Worthington Development, L.P., Owner
By: Maybelle L. Claypool, Inc., its general partner
Print Name~ ~i ~g[t~O~. ~_ta¥~t
Title: ~ct~ l--
Claypooi llI-Tiday, LLC, Joint Venturer
By:
Print Name:
Title:
Leon E. Wintermyer, Inc., Contractor
By:
Print Name:
Title:
SLi 352444vl/68450.001
Legal Description
Meadowbrook Farms, Phase 3
All that certain tract of land situated in Middlesex Township and North Middleton
Township, Cumberland County, PA, being Phase 3 of the Meadowbrook Farms Subdivision, as
shown on a Plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase 3," dated
October 31, 2000 by PennTerra Engineering, Inc., State College, PA, being bounded and
described as follows:
Beginning at an iron pin, being a northeasterly comer of future Phase 6 and lying
in a southerly line of existing Phase 1; thence along the Phase 1 lands NSl°22'51"E,
126.33 feet to an iron pin; thence continuing along said lands the following beatings and
distances: N03°08'17"W, 164.97 feet to an iron pin; thence N86°51 '43"E, 20.39 feet to
an iron pin; thence N03°08'17"W, 50.00 feet to an iron pin; thence S86°51 '43"W, 2.39
feet to an iron pin; thence N03°08'17"W, 195.27 feet to an iron pin; thence N59°04'49"E,
87.35 feet to an iron pin, being an easterly comer of said lands and a westerly comer of
existing Phase 2; thence along the Phase 2 lands the following beatings and distances:
S44°54'41"E, 111.90 feet to an iron pin; thence S51°38'54"E, 228.85 feet to an iron pin;
thence N81°56'22"E, 184.55 feet to an iron pin; thence N81°44'32"E, 50.00 feet to an
iron pin; thence N08°03'38"W, 33.71 feet to an iron pin; thence N81°56'22"E, 172.72
feet to an iron pin, being a southeasterly comer of said lands and lying in a southeasterly
line of future Phase 10; thence along the Phase 10 lands S00°48'54"E, 102.49 feet to an
iron pin; thence S20°40'58"E, 221.51 feet to an iron pin, being a westerly comer of said
lands and a northerly comer of future Phase 9; thence along the Phase 9 lands the
following beatings and distances: S69°19'02"W, 160.00 feet; thence S20°40'58"E, 71.36
feet to an iron pin; thence S69°19'02"W, passing over an iron pin, being a westerly
comer of said lands and a northerly comer of future Phase 8 at 160.00 feet, for a total
distance of 370.00 feet to an iron pin; thence continuing along said lands the following
beatings and distances: S20°40'58"E, 5.50 feet to an iron pin; thence S69°19'02"W,
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210.00 feet to an iron pin; thence S20°40'58"E, 322.50 feet to an iron pin, being a
westerly comer of said lands and a northerly comer of future Phase 7; thence along the
Phase 7 lands the following beatings and distance: S69°19'02"W, 160.00 feet to an iron
pin; thence S20°40'58"E, 43.08 fee to an iron pin; thence S69°19'02'W, 180.03 feet to
an iron pin, being a westerly comer of said lands and a northeasterly comer of future
Phase 4; thence along the Phase 4 lands the following beatings and distances:
N53°30'18"W, 107.50 feet to an iron pin; thence N61°28'35"W, 50.00 feet to an iron pin;
thence along a curve to the right, having a chord bearings of N29°54'29"E, a chord
distances of 13.29 feet, a radius of 275.00 feet and an arc length of 13.29 feet to an iron
pin; thence N58°42'27"W, 195.47 feet to an iron pin, being a northwesterly comer of said
lands and a southeasterly comer of future Phase 6; thence along the Phase 6 lands the
following beatings and distances: N23°18'42"W, 32.86 feet to an iron pin; thence
N69°19'02"E, 154.10 feet to an iron pin; thence N26°08'46"W, 137.99 feet to an iron
pin; thence N81°22'51"E, 181.03 feet to an iron pin; thence N08°37'09"W, 95.47 feet to
an iron pin; thence along a curve to the left, having a chord beating of N53°37'09"W, a
chord distance of 35.36 feet, a radius of 25.00 feet and an arc length of 39.27 feet to an
iron pin; thence N08°37'09"W, 50.00 feet to an iron pin; thence N81°22'51"E, 11.94 feet
to an iron pin; thence N08°37'09"W, 160.00 feet to an iron pin, being the place of
beginning, containing 13.770 acres.
Prepared: 05/13/03
SH/eal
Project No. S89219-3
Legals/mdwbrkph3perimeter.doc
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