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Home My WebLink About07-7188 STIPULA TIUN AGAINST LIENS THIS AGREEMENT made the o~(~~day of 2007, by and between Yingst Homes, Inc., a Pennsylvania corporation, hereinafter referred to as Contractor, and Fishing Creek Valley Associates, L.P., hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct certain infrastructure, residential dwellings, and other improvements on that certain tract or parcel of ground situate in Hampden Township, Cumberland County, Pennsylvania, locally known as Valley Road and Gleim Drive, and being the same property acquired by Deed dated December 28, 2004 and recorded in Cumberland County Deed Book 266, Page 4475, and Deed dated November 29, 2004 and recorded in Cumberland County Deed Book 266, Page 2709, Cumberland County Recorder of Deeds, more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and inconsideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, for themselves and 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 bout the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, 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 1 sv 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 seals this ~ day of 007. Signed, Sealed and Delivered in the presence of ATTEST: ~~ OWNER Fishing Creek Valley Associates, L.P. a Pennsylvania limited partnership By: 'c and E. angst, Jr., President of REY, INC., its sole general partner CONTRACTOR ATTEST: YINGST HOMES, INC., a Pennsylvania corporation By: 'c d E. angst, Jr., President 2 !~ COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN -1"^ On this day of 0 2007, before me, the undersigned officer, personally appeared Richard E. Yingst, Jr., who acknowledged himself to be the President of REY, Inc., a Pennsylvania corporation, which corporation is the sole General Partner of Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership, and that he as such officer, authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as said officer in the corporation's capacity as the sole General Partner of, and as authorized by, the Partnership. In witness whereof, I hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frank A. Zelko, Notary Public East Pennsboro Twp., Cumberland Courtly My Commission Expires July 11,2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this ~ day of 2007, before me, the undersigned officer, personally appeared Richard E. Yingst, Jr., who aclmowledged himself to be the President of Yingst Homes, Inc., a Pennsylvania corporation, and that he as such officer is authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as said officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF p NNSYLVANIA 3 Notarial Seal Frank A. Zelko, Notary Public East Pennsboro Twp., Cumberland Courtly MY Commission Expires July 11,2010 Member, Pennsylvani2 Association of Notaries EX~IIBIT "A" ALL THAT CERTAIN tract of land situated in Hampden Township, Cumberland County, Pennsylvania, as depicted on the Final Subdivision Plan -Amendment - Quigley Estates, A Planned Community, dated March 19, 2007, and recorded in Cumberland County Plan Book 94, Page 9, being more particularly described as follows: BEGINNING at an iron pin located at the southeast corner of Quigley Cove, A Planned Community, being a common property corner of lands now or formerly of Whelan Crossing Homeowners Association, Inc. and lands now or formerly of Melissa A. Jacobs; thence along lands now or formerly of Whelan Crossing Homeowners Association, Inc. South 69 degrees 33 minutes 30 seconds West, a distance of 200.13 feet to an iron pin; thence along lands now or formerly of: • Mary Louise Hanley and Edward W. Richey • Arthur S. Sgrinoli and Arlene F. Sgrinoli • Boyd W. Messimer, Jr. and Esther Jean Messimer • Frank E. Ward • Catherine M. Chervanick and Thomas M. Chervanick North 33 degrees 30 minutes 49 seconds West, a distance of 1,057.91 feet to a point; thence along Lot 1 of Quigley Cove, A Planned Community, North 62 degrees 24 minutes 43 seconds East, a distance of 179.45 feet to a point along the western right-of--way of Gleim Drive; thence along the right-of--way of Gleim Drive the following four (4) courses and distances: 1. North 27 degrees 35 minutes 17 seconds West, a distance of 30.73 feet to a point; 2. By a curve to the left with a radius of 125.00 feet and an arc length of 75.63 feet, with a chord bearing of North 44 degrees 55 minutes 16 seconds West, a chord distance of 74.48 feet to a point; 3. North 62 degrees 15 minutes 15 seconds West, a distance of 110.27 feet to a point; 4. By a curve to the left with a radius of 25.00 feet and an arc length of 39.04 feet, with a chord bearing of South 73 degrees 00 minutes 32 seconds West, a chord distance of 35.19 feet to a point along the proposed southern right-of--way line of Valley Road; Thence along the proposed southern right-of--way line of Valley Road by a curve to the right with a radius of 2,530.00 feet and an arc length of 90.14 feet, with a chord bearing of South 29 degrees 17 minutes 33 seconds West, a chord distance of 90.13 feet to a point along the southern right-of--way of Valley Road; thence through the right-of--way of Valley Road North 33 degrees 30 minutes 49 seconds West, a distance of 33.47 feet to a point in the right-of--way of Valley Road; thence through the right-of--way of Valley Road North 29 degrees 06 minutes 25 seconds East, a distance of 298.02 feet to a point in the right-of--way of Valley Road; thence through the right-of--way of Valley Road South 63 degrees 07 minutes 00 seconds East, a distance of 24.81 feet to a point on the proposed 4 southern right-of--way line of Valley Road; thence along lands now or formerly of Alex S. Quigley, Sr. and Shirley A. Quigley South 63 degrees 07 minutes 00 seconds East, a distance of 555.95 feet to a point; thence along lands now or formerly of Barry E. Derick and Delores J. Derick South 34 degrees 19 minutes 02 seconds West, a distance of 182.53 feet to an iron pin; thence along the same South 21 degrees 04 minutes 37 seconds East, a distance of 870.85 feet to an iron pin, being the place of BEGINNING. CONTAINING: 431,302 Square Feet (9.901 Acres). BEING part of the same premises conveyed by Gregory A. Quigley and Michelle R. Quigley, husband and wife, to Fishing Creek Valley Associates, L.P., by deed dated November 29, 2004, and recorded in Cumberland County Deed Book 266, Page 2709. AND BEING the same premises conveyed by Alex S. Quigley, Sr. and Shirley A. Quigley, husband and wife, to Fishing Creek Valley Associates, L.P., by deed dated December 28, 2004, and recorded in Cumberland County Deed Book 266, Page 4475. 5 f`~J ~~-- ~~ ~..> ~.../ ~F cn c~`~' --< N W~3'"~~ t a .r7 ~ -< W ~- ~ Cx? -'~~'~ W ~'t :.K ~ r `r