HomeMy WebLinkAbout03-4304 STIPULATION AGAINST LIENS
THIS AGREEMENT made this 8 day of ~a5~
and between
, 20Q3, by
John W. Gleim, Jr., Inc., hereinafter referred to as Contractor,
AND
Penta Star Investments, Inc., hereinafter referred to as Owner,
whereby the contractor undertook and agreed to erected and
construct a single family dwelling situate in North Middleton
Township, Cumberland County, Commonwealth of Pennsylvania,
Cumberland County, Pennsylvania and more fully described in
Exhibit "A" which is attached hereto and made a part hereof.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00} Dollar
to Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or themselves and~ its,
his or their subcontractors, and all parties acting through or
under them, covenant and agree that no mechanic's liens or claims
shall be filed or maintained by them or any of them against the
said buildings and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of
them under said contract or otherwise, for, towards, in, or about
the erection and construction of the said buildings on the lot
above described, and the said Contractor, for itself, himself or
themselves, its, his or their subcontractors and others under
them, hereby expressly waive and relinquish the right to have,
file, and maintain any mechanic's liens or claims against the said
buildings or any of them, and agree that this instrument, waiving
the right of lien, shall be an independent covenant.
WITNESS our hands and
written.
SIGNED, $~ALE¥ A-~D DELIVERED
seals the day and year first above
:: /nn ~ 'Gleim, Jr., Pr~nt
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : SS
On this, the ~ day of ~ , 2003, before me a
Notary Publio, the undersigned officer, personally appeared John
W. Gleim, Jr., who acknowledged himself to be the President of
John W. Gleim, Jr., Inc.a Corporation, and that he as such
President, being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name
of the said Corporation by himself as such President.
IN WITNESS WHEREOF, I hereunto set my hand and official
NOTARIN. 8F_.AL
KANDf L LENKER, NOTARY FU~
CARLISLE 80RO, CUMBEIRLANO COUNTY
MY COMMIS.~ON EXPIRE8 FEBRUARY 20, ~
Tract lA and Tract lB
LEGAL DESCRIPTION
FOR
Phase IA
April 23, 2001
All that certain tract of land situated in North Middleton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northerly Right of Way for Creek Road (%497) and the
southwestern corner of Phase 1B of the Village of Cross Creek; thence along the northern right-
of-way line of Creek Road S 65°28'30" Wa distance of 100.00' to a point; thence, along the
western right-of-way line of Pine Creek Drive by a curve to the left having a radius of 25.00', an
arc length of 39.27' and a chord bearing of N 20°28'30'' E a distance of 35.36' to a point; thence,
by same N 24°31'30" W a distance of 37.97' to a point; thence, by same by a curve to the left
having a radius of 116.50', an arc length of 81.07' and a chord bearing of N 44°27'38'' W a
distance of 79.44' to a point; thence, by same N 64°23'46'' W a distance of 15.20' to a point;
thence, by same by a curve to the right having a radius of 166.50', an arc length of 22.37' and a
chord bearing of N 60032'48* W a distance of 22.36' to a point; thence, along other lands of The
Village of Cross Creek S 31°20'33" W a distance of 120.84' to a point; thence, by same N
48°15'25'' W a distance of 125.68' to a point; thence, by same N 24°31 '30" W a distance of
319.92' to a point; thence, by same N 74°44'52'' E a distance of 155.01' to a point; thence, by
same N 31°15'19" E a distance of 163.67' to a point; thence crossing Pine Creek Drive N
33°10'55 E a distance of 50.04' to a point; thence along the northern right-of-way of Pine Creek
Drive by a curve to the left having a radius of 200.00', an arc length of 10.60' and a chord bearing
of S 60°44'40'' E a distance of 10.60' to a point; thence, along other lands of The Village of Cross
Creek N 27°44'15" E a distance of 130.00' to a point; thence, by same S 83012'49" E a distance of
161.70' to a point; thence, by same N 86°28'10'' E a distance of 67.78' to a point; thence, by same
N 69°49'41" E a distance of 64.07' to a point; thence, by same N 53°27'28" E a distance of 64.07'
to a point; thence, by same N 37°05'16'' E a distance of 64.07' to a point; thence, by same N
20°43'03'' E a distance of 64.07' to a point; thence, by same N 04°20'50'' E a distance of 64.07' to
a point; thence, by same N 11°25'37" W a distance of 80.00' to a point; thence, by same N
77°03'12" E a distance of 125.00' to a point; thence, crossing Pine Creek Drive N 75°52'27'' E a
distance of 50.01' to a point; thence, along the eastern right-of-way line of Pine Creek Drive by a
curve to the left having a radius of 975.00', and arc length of 32.49' and a chord bearing of S
13°50'34'' E a distance of 32.48' to a point; thence, by same by a curve to the right having a radius
of 400.00', an arc length of 83.82' and a chord bearing of S 08°47'31" E a distance of 83.67' to a
point; thence, by same S 01°21'23'' E a distance of 20.00' to a point; thence, by same by a curve
to the right having a radius of 400.00', an arc length of 539.79' and a chord bearing of S 38°44'09''
W a distance of 499.75' to a point; thence, along other lands of The Village of Cross Creek S
20°05'18" E a distance of 136.92' to a point; thence, by same S 67°56'05'' W a distance of 81.49'
to a point; thence, by same S 19°35'04'' E a distance of 267.31' to a point; thence, by same S
65°28'30'' W a distance of 241.22' to a paint; thence, along the eastern right-of-way line of Pine
Creek Drive; by a curve to the left having a radius of 25.00', an arc length of 34.24' and a chord
bearing of S 75°17'37" E a distance of 31.62' to a point, the place of BEGINNING.
Containing: 396,685 Sq. Ft. (9.11 ac.)
TRACT lA and lB (Cont)
LEGAL DESCRIPTION
FOR
Phase lB
April 23, 2001
All that certain tract of land situated in North Middleton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northerly Right of Way for Creek Road (%497) and the
southeastern corner of Phase lA of the Village of Cross Creek; thence along the eastern right-of-
way line of Pine Creek by a curve to the right having a radius of 25.00', an arc length of 34.24' and
a chord bearing of N 75"17'37" W a distance of 3'~ .62' to a point; thence, along other lands of The
Village of Cross Creek N 65¢28'30'' E a distance of 241.22' to a point; thence, by same N
19°35'04'' W a distance of 267.31' to a point; thence, by same N 67°56'05'' E a distance of 81.49'
to a point; thence, by same N 20°05'18"W a distance of 136.92' to a point; thence, along the
eastern right-of-way line of Pine Creek Drive by a curve to the left having a radius of 400.00' and
arc length of 539.79' and a chord bearing of N 38°44'09'' E a distance of 499.75' to a point;
thence, by same N 01°21'23" W a distance of 20.00' to a point; thence, by same by a curve to the
left having a radius of 400.00', an arc length of 80.28 and a chord bearing of N 08°32'19" W a
distance of 80.15' to a point; thence, along other lands of The Village of Cross Creek N 75°42'Zl"
E a distance of 224.83' to a point; thence, by same N 05¢55'09'' W a distance of 229.86' to a
point; thence, by same N 81 °29'38" W a distance of 227.69' to a point; thence, by same by a
curve to the right having a radius of 975.00', an arc length of 108.16' and a chord bearing of N
07°01 '25" E a distance of 108.10' to a point; thence, by same N 10°12'06" E a distance of 36.95'
to a point; thence, by same S 79°47'54" E a distance of 204.07' to a point; thence, along lands
now or formerly of Lawrence and Suzette Fox S 05°55'09'' E a distance of 1113.49' to a point;
thence, along the northern right-of-way line of Creek Road S 66°36'44'' W a distance of 353.71' to
a point; thence, by same by a curve to the left having a radius of 2050.00', an arc length of 40.68'
and a chord bearing of S 66°02'37" W a distance of 40.88' to a point; thence, by same S
65°28'30'' W a distance of 407.45' to a point, the place of BEGINNING.
Containing: 382,454 Sq. Ft. (8.78 ac.)
BEING the same parcels covered by the Final Subdivision Plan for Phase 1 of the Village of Cross
Creek dated March 22, 2000, revised May 1, 2000, recorded in the Office of the Recorder of
Deeds in and for Cumberland county in Plan Book 81, Page 140.
Less, however, the following lots: Lots, 12, 16, 15, 11, 6R, 5R, 42, 10, 67R, 40 3R, 40, 44, 1 4R, 7R,
78R, 64R, 14, 17, 41, 63R, 39, 43, 81R, 85, 76R, 45, 71R, 61R, 72R, 35, 82R, 111.
TRACT 4
LEGAL DESCRIPTION
FOR
Cross Creek - Southern Tract
June 21, 2001
All that certain tract of land situated in North Middleton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the southern Right of Way for Creek Road (T~497), said point
being at the north eastern corner of the Cross-Creek southern tract; thence, along lands now or
formerly of James Alspaugh and Philip J. Ruegg S 05°39'32,' E a distance of 216.10' to a fence
post; thence, along the Conodoguinet Creek S 39°45'53'' W a distance of 137.22' to a point;
thence, by same S 34°02'49" W a distance of 138.28' to a point; thence, by same S 29"00'02" W
a distance of 177.09' to a point; thence, by same S 24°44'02" W a distance of 278.33' to a point;
thence, by same S 22'~00'27'' W a distance of 146.51' to a point; thence, by same S 17°03'44'' W
a distance of 231.78' to a point; thence, along lands now or formerly of Carl W. and Isabel G.
Lehman N 66°22'43'' W a distance of 142.49' to a point; thence, by same N 47°24'08'' W a
distance of 546.06' to a point; thence, along lands of PP&L N 27°54'08'' W a distance of
152.93' to a point; thence, by same N 72°03'51" E a distance of 29.03'; thence, along lands now
or formerly of Chester W. and Winifred L. Schlusser N 45°00'23'' W a distance of 28.54' to a
point; thence, by same N 21°56'18" W a distance of 50.67' to a point; thence, by same N
44°12'50" W a distance of 61.14'; thence, along the southern right-of-way of Creek Road by a
curve to the right having a radius of 975.00', an arc length of 145.23' and a chord bearing of N
61°12'27'' E a distance of 145.10' to a point; thence, by same N 65°28'30'' E a distance of 718.65'
to a point; thence, by same by a curve to the right having a radius of 2000.00', and arc length of
39.69 and a chord bearing of N 66°02'37'' E a distance of 39.69' to a point; thence, by same N
66°36'44'' E a distance of 337.83' to a point, the place of BEGINNING.
Containing: 636,899 sq. ft. (14.62 acres)
TRACT 2
LEGAL DESCRIPTION
FOR
Phase II
April 23, 2001
All that certain treat of land situated in North Middieton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point at the northwestern corner of Phase 1 of The Village of Cross
Creek; thence, along other land of The Village of Cross Creek N 02°22'55'' W a distance of
417.83' to a point; thence, by same N 09°40'34" E a distance of 21.88' to a point; thence, by same
S 83°15'50" E a distance of 130.50' to a point; thence, along the western right-of-way line of Pine
Creek Drive by a curve to the right having a radius of 250.00', an arc length of 12.83', and a chord
bearing of N 08~1Z22" E a distance of 12.83' to a point; thence, by same N 09"'40'34* E a
distance of 189.72' to a point; thence, along other lands of The Village of Cross Creek N
80°19'26" W a distance of 1'19.99' to a point; thence, by same S 73°59'08'' W a distance of 89,20'
to a point; thence, by same t4 34°59'55" W a distance of 18446' to a point; thence, by same N
25°40'52" W a distance of 164.52' to a point; thence, by same N 08030'22'' E a distance of 173.24'
to a point; thence, by same S 81¢29'38'' E a distance of 1035.87' to e point; thence, along the
western right-of-way line of Pine Creek Drive by a curve to the right having a radius of 1025.00',
an arc length of 25.10' and a chord bearing of N 03°22'20'' E a distance of 25~10' to a point;
thence, by same S 81029'38, E a distance of 50,16' to a point; thence, along other lands of The
Village of Cross Creek S 81°g9'38'' E a distance of 227.69' to a point; thence, by same S
05'55'09" E a distance of 22986' to a point; thence, by same S 75°42'4,/" W a distance of 224.83'
to a point; thence, by along the eastern right-of-way line of Pine Creek Drive by a curve to the left
having a radius of 400.00', an arc length of 3.54' and a chord bearing of N 14°32'31"W a distance
of 3,54' to a point; thence, by same by a curve to the right having a radius of 975.00', an arc
length of 31.46' and a chord bearing of N 13°52'15" W a distance of 31.46' to a point; thence,
crossing Pine Creek Dhve S 77°03'22' W a distance of 50.01' to a point; thence, along other
lands of The Village of Cross (;reek S 77°03'12" W a distance of 125.00'; thence, by same S
11°25'37" E a distance of 80.00' to a point; thence, by same S 04020'50' W a distance of 64.07' to
a point; thence, by came S 20~'43'03'' W a distance of 64.07' to a point; thence, by same S
37°05'16~ W a distance of 64.6,7' to a point; thence, by same S 53°27'28": W a distance of 64.07'
to a point; thence, by same S 69°49'41" W a distance of 64.07' to a point; thence, by same S
86°2~'10'' W a distance of 67.78' to a point; thence, by same N 83012' 49" W a distance of 161.70'
to a point; thence, by same S 27°44'15" W a distance of 130.00' to a point; thence, atong the
eastern fight-of-way line of Pine Creek Drive by a curve to the right having a radius of 200.00', an
arc length of 11.98' and a chord bearing of N 60032'49" W a distance of 11.98' to a point; thence,
crossing Pine Creek Drive S 31°36'04" W a distance of 50.00' to a point; thence, along other Iand
of The Village of Cross Creek S 31°15'1g" W a distance of 183.67' to a point; thence, by same S
74°44'52' W a distance of 155.0,/' to a point, the place of BEGINNING.
Containing: 723,138 Sq. Ft. (16.60 ac.)
BEING the same parcel covered by the Final Subdivision Plan for Phase of the Village of Cross Creek
dated Juty 20, 2000, recorded December 5, 2000 in the Office of the Recorder of Deeds in and for
Cumberland County in Ptan Book 82, Page 53.
Less, however, the following k)ts: Lots, 12, 16, 15, 11, 6R, 5R, 42, 10, 67R, 40 3R, 40, 44, 1
78R, 64R, 14, 17, 41, 63R, 39, 43, 81R, 85, 76R, 45, 71R, 6,/R, 72R, 35, 82R, 11'/.
TRACT 3
LEGAL DESCRIPTION
FOR
Phase III
APRIL 24,2001
All that certain tract of land situated in North Middleton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING al a point on the northerly Right of Way for Creek Road (T-497) and the southeastern
corner of lands of N/F James E. & Leighann Schlusser, (Db 35E, Pg 834), thence along the lands of James
E. and Leighann SchJusser ( Db 35e, Pg 834), N 26003'54'' W a distance of 477.55", to a point; thence
along the same, N 14°0g'07" E a distance of 55.00' to a point; thence along the same, N 49029'53'' W a
distance of 62.00' to a point; thence along the same, N 07044'53.' W a distance of 358.00' to a point; thence
along the same, N 06°29'53" W to a distance of 340.00' to a point; thence along the same N 27°29'53'' W a
distance of 165.00' to a point; thence along the same, N 08°49'53" W a distance of 110.00' to a point;
thence along the same, N 22°33'07.' W a distance of 75.20' to a point; thence along the lands of Kevin
Mulien ( Db 35L, Pg 279), N 24°21'59" W a distance of 136.15' to a point; thence along the lands of Keith T.
and Denise E. Mullen ( Db 156, Pg 709), N 24°21'59" W a distance of 226.75' to a point; thence along the
same, N 10° 31'41" W a distance of 100.00' to a point; thence along the same, N 29°01 '41" W a
distance of 155.00' to a point; thence along the same, N 17"46'41" W a distance of 115.27' to a point;
thence along the lands of' Richard Haldeman, N 49°27'15'' E a distance of 1224.11' to a point; thence, along
lands now or formerly of ,Sari E. and Doris J. Jumper S 06020'46'' E a distance of 466.94' tea point; thence,
by same S 86035'43'' E a distance of 785.40' to a point; thence, by along lands now or formerly of Fred A.
Gettys S 02°54'17" W a distance of 574.20' to a point; thence, along lands now or formerly of Lawrence H.
and Suzette M. Foxx S 05°55'09'' E a distance of 289.79' to a point; thence, along other lands of The
Village of Cross Creek N 79°47'54'' W a distance of 204.07' thence, along the eastern right-of-way line of
Pine Creek Drive S 10°1;!'06'' W a distance of 36.95' to a point; thence, by same by a curve to the left
having a radius of 975.00', an arc length of 108.16' and a chord bearing of S 07°01'25'' W a distance of
108.10' to a point; thence, crossing Pine Creek Drive N 86°09'15"W a distance of 50.00'; thence, along the
western right-of-way line of Pine Creek Drive by a curve to the left having a radius of 1025.00', and arc
length of 21.03' and a chard bearing of S 03°15'29'' W a distance of 21.03' to a point; thence, along other
lands of The Village of Cross Creek N 81"29'38" W a distance of 1035.87' to a point; thence, by same S
08°30'22" W a distance of 173.24' to a point; thence, by same S 25°40'52'' E a distance of 164.52' to a
point; thence, by same S 34°59'55" E a distance of 184.46' to a point; thence, by same N 73°59'08'' E a
distance of 69.20' to a point; thence, by same S 80°19'26" E a distance of 119.99'; thence, along the
western right-of-way line of Pine Creek Drive S 09°40'34" W a distance of 189.72' to a point; thence, by
same by a curve to the left having a radius of 250.00', an arc length of 12.83' and a chord bearing of S
8°12'22'' W a distance of '12.83' to a point; thence, along other lands of The Village of Cross Creek N
83°15'50" W a distance of 130.50' to a point; thence, by same S 09040'34'' W a distance of 21.88' to a
point; thence, by same S 02°22'55'' E a distance of 417.83' to a point; thence, by same S 24°31'30" E a
distance of 319.92' to a peint; thence, by same S 48°15'25'' E a distance of 125.68' to a point; thence, by
same N 31°20'33" E a distance of 120.84' to a point; thence, along the western right-of-way line of Pine
Creek Drive by a curve to the left having a radius of 166.50', an arc length of 22.37' and a chord bearing of
S 60032'48'' E a distance of 22.36' to a point; thence, by same S 64°23'46'' E a distance of 15.20' to a point;
thence, by same by a curve to the right having a radius of 118.50', and arc length of 81.07' and a chord
bearing of S 44°27'38" E a distance of 79.44' to a point; thence, by same S 24°31'30" E a distance of 37.97'
to a point; thence, by same by a curve to the right having a radius of 25.00, an arc length of 39.27' and a
chord bearing of S 20°28'30" W a distance of 35.36' to a point; thence, along the northern right-of-way line
of Creek Road S 65026'30'' W a distance of 211.20' to a point; thence, by same by a curve to the left having
a radius of 1025.00', an arc length of 154.32' and a chord bearing of S 61°09'42" W a distance of 154.18' to
a point, the place of BEGINNING.
Containing: 2,024,833 sq, ft. (46.48 acres)