HomeMy WebLinkAbout01-6119RSJ HOLDINGS, LLC,
Owner
R. L. LIVINGSTON EXCAVATION &
PAVING, INC.,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.o. 01- l/C/ ,2o01
FILED: October 2001
STIPULATION AGAINST LIENS
WHEREAS, RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, of
Mechanicsburg, Cumberland County, Pennsylvania (the "Owner"), and R. L. LIVING-
STON EXCAVATION & PAVING, INC., a Pennsylvania business corporation, with its
principal place of business located at 1 Blair Mountain Road, Dillsburg, York County,
Pennsylvania (the "Contractor~'), have entered or are about to enter into a construction
contract for the excavation construction services and construction of other improve-
ments to the real property known and numbered as 1450 Trindle Road, Carlisle, South
Middleton Township, Cumberland County, Pennsylvania (the "Property"), which is more
particularly bounded and described as set forth on Exhibit "A", appended hereto and
made a part hereof.
NOW, THEREFORE, this 2.)-- ~'~day of October, 2001, before any authority
has been given by the Owner, RSJ HOLDINGS, LLC, to the Contractor, R. L. LIVING-
STON EXCAVATION & PAVING, INC., to commence work on said facilities, or pur-
chase materials for the same, in consideration of the making of the above-described
contract with the Contractor, and in further consideration of One Dollar ($1) paid to the
Contractor by the Owner, the receipt whereof is hereby acknowledged, it is agreed that
no liens or claims shall be filed or maintained against the Owner's facilities and the
Property above-described by the Contractor, or any subcontractor, 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 about the erection, construction 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 Property above-described being hereby expressly waived by
the Contractor for itself, its subcontractors, all materialmen or workmen and others
acting through or under them.
IN WITNESS WHEREOF, each of the parties, or by their duly authorized
representatives, have hereunto executed this Stipulation Against Liens this ~.,t ~-'-day
of October, 2001.
WITNESS: RSJ HOLDINGS, LLC
By:
Steven J. Rose, President
"Owner"
ATTEST:
"{Assistant) ~ecre~ary '
R. L. LIVINGSTON EXCAVATION
& PAVING, INC.
"Contractor"
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COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
On this, the ;2*Z--day of October, 2001, before me, the undersigned officer,
personally appeared STEVEN J. ROSE, who acknowledged himself to be President
of RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, and that he as such
officer, being duly authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing the name of the company by himself as such
officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notadal Seal
Tamah L. Wicke, Notary Public
~South M ddleton Twp., Cumberland County
Commission Expires Sept. 19, 2002
LMember' Pennsylwnia ASSociation ot Notaries
I~otary Public
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
On this, theA day of October, 2001, before me, the undersigned officer
personally appeared R. L. LIVINGSTON, who acknowledged himself to be President of
R. L. LIVINGSTON EXCAVATION & PAVING, INC., and that he, as such officer being
authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal ~
Tamah L. Wicke, Notary Public ~
ISouth Middleton Twp., Cumberland County t
My Commission Expires Sept. 19, 2002 ~
Member, Pennsv~vania Association ol Notaries
NOtary Public
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EXHIBIT "A"
ALL those two ccrtain tracts of land, together with improvements tlmrcon crccted, situatc in
SOtllh Middlcton Township, Cumherland County, Pc ~ sylvania, hounded and described as
follows:
TP, ACT NO.I:
BEGINNING at a point in the centerline of Trindle Road L.R. 305 PA. 641 at the comer of land
now or formerly of John H. Weary; thence by the centerline of said Road South 81 degrees 14
minutes 18 seconds East 196.64 feet to a point; thence by the dividing line between Lots Nos. 1
and 2 on the hereinafter mentioned Subdivision Plan South 08 degrees 45 minutes 42 seconds
West 275.00 feet to a point; thence by the same South 81 degrees 14 minutes 18 seconds East
125.00 feet to a point; thence by the dividing line between Lots Nos. I and 3 on said Plan South
81 degrees 14 minutes 18 seconds East 125.00 feet to a point; thence by the dividing line
between Lots Nos. I and 5 on said Plan South 08 degrees 45 minutes 42 seconds West 244.77
feet to a point; thence by land now or formerly of Ralph C. Otto, North 81 degrees 36 minutes 50
seconds West, 333.50 feet to an existing iron pin; thence by land now or formerly of John H.
Weary North 03 degrees 28 minutes 06 seconds West 534.08 feet to a point, the place of
BEGINNING.
CONTAINING a total area of 3.0873 acres including the portion of said premises under and
subject to the dedicated right-of-way for Trindle Road L.R. 305 PA. 641 and being Lot No. I on
a Final Minor Subdivision Plan for Richard Curtis Company, recorded in the Office of the
Recorder of Deeds in and for Cumberland County, in Plan Book 48, Page 118.
TRACT NO. 2:
BEGINNING at a point in the centerline of Trindle Road L.R. 305 PA. 641 on the dividing line
between Lots Nos. 1 and 2 on the above mentioned Subdivision Plan, Lot No. I being Tract No.
1 of this Deed; thence by the centerline of said Road South 81 degrees 14 minutes 18 seconds
East 125.00 feet to a point; thence by the dividing line between Lots Nos. 2 and 3 on said Plan
South 08 degrees 45 minutes 42 seconds West 275.00 feet to a point; thence by the dividing line
between Lots Nos. I and 2 on said Plan North 8l degrees 14 minutes 18 seconds West 125.00
feet to a point; thence by the same North 08 degrees 45 minutes 42 seconds East 275.00 feet to a
point, the place of BEGINNING.
CONTAINING a total lot area of 34,375 square feet including the portion of said premises under
and subject to the dedicated right-of-way for Trindle Road L.R. 305 PA. 641 and being Lot No. 2
on the above mentioned Subdivision Plan.
UNDER AND SUBJECT to valid building, zoning, deed and plan restrictions, rights of the
public and others in the roads, streets and alleyways adjoining the described premises and
casements of record and apparent.
B/~ING THE SAME PREMISES which Burton E. Albert and Michelle A. Albert, husband and
wife, by their Deed, dated 24 May 20001, and recorded in the Office of the Recorder of Deeds of
Cumberland County in Deed Book 245, Page 273, granted and conveyed unto RSJ Holdings,
LLC.
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