HomeMy WebLinkAbout04-0806UPPER ALLEN PARTNERS, L.P.
a Pennsylvania limited partnership,
Owner
LEON E. WINTERMYER, INC.,
a Pennsylvania corporation,
Contractor :
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 ~ ('"-"~ ~
WHEREAS, UPPER ALLEN PARTNERS, L.P., a Pennsylvania limited partnership, with its principal
place of business at 4075 Market Street, Camp Hill, Pennsylvania, Owner of the hereinafter described tract of
land (hereinafter called "Owner"), is about to execute contemporaneously herewith, a contract with Leon E.
Wintermyer, Inc., a Pennsylvania corporation, with its principal place of business at 220 Yocumtown Road,
Etters, Newberry Township, York County, Pennsylvania (hereinafter called "Contractor"), for installation and
construction of certain municipal improvements including, but not limited to, sanitary and stormwater systems,
streets, water and other municipal improvements upon Owner's tract of land, situate in Upper Allen Township,
Cumberland County, Pennsylvania, being more particularly bounded and described as follows:
ALL THAT CERTAIN tracts or parcels of real estate situate in Upper Allen Township,
Cumberland County, Pennsylvania, being more particularly bounded and described in
accordance with the Glaize Orchard, a Planned Residential Development, Stage 1 Final
Subdivision and Land Development Plan, dated May 4, 2001 (hereinafter called "Final
Subdivision Plan/Stage 1"), recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Plan Book ~'~, Page .~._, specifically including each of the
hereinafter identified lots, open space areas and rights-of-way (or portions of rights-of-way),
as follows:
PARCEL '1:
BEGINNING at an iron pin in the norther)y line of the lands of Glaize-Pennsylvania
Orchards, Inc. (now, by merger, Glaize Developments, Incorporated) marking the common
boundary line between lands now or formerly of Charles W. Wilson on the West, and the
lands known as Park Hills West on the North; THENCE along said northern line the following
seven (7) courses and distances: (1) North 87 degrees 44 minutes 00 seconds East a
distance of 644.51 feet, (2) South 20 degrees 28 minutes 07 seconds East a distance of
271.16 feet to a concrete monument, (3) North 57 degrees 58 minutes 48 seconds East a
distance of 230.42 feet to a concrete monument, (4) North 53 minutes 48 minutes 18
seconds East a distance of 180.81 feet to a concrete monument, (5) South 40 degrees 18
minutes 27 seconds East a distance of 72.27 feet to a concrete monument, (6) North 72
degrees 26 minutes 16 seconds East a distance of 333.25 feet, (7) North 73 degrees 53
minutes 33 seconds East a distance of 322.46 feet to a concrete monument; THENCE
through the lands of Glaize-Pennsylvania Orchards, Inc. (now, by merger, Glaize
Developments, Incorporated) the following thirty (32) courses and distances: (1) South 24
degrees 05 minutes 05 seconds East a distance of 644.71 feet, (2) South 32 degrees 51
minutes 25 seconds East a distance of 234.60 feet, (3) South 63 degrees 14 minutes 05
seconds West a distance of 344.61 feet, (4) South 63 degrees 00 minutes 00 seconds West
a distance of 558.14 feet, (5) South 30 degrees 32 minutes 00 seconds West a distance of
132.79 feet, (6) by a curve to the right having a radius of 70.00 feet, an arc length of 171.30
feet (a chord bearing South 47 degrees 12 minutes 33 seconds West a distance of 131.64
feet), (7) by a curve to the left having a radius of 26.00 feet, an arc length of 24.65 feet (a
chord bearing North 89 degrees 50 minutes 34 seconds West a distance of 23.73 feet), (8)
South 63 degrees 00 minutes 00 seconds West a distance of 332.03 feet, (9) by a curve to
the left having a radius of 640.00 feet, an arc length of 137.73 feet (a chord bearing South
56 degrees 50 minutes 05 seconds West a distance of 137.47 feet), (10) South 50 degrees
19 minutes 20 seconds East a distance of 398.53 feet, (11) South 51 degrees 22 minutes 35
seconds East a distance of 412.87 feet, (12) North 60 degrees 48 minutes 00 seconds East
a distance of 151.27 feet, (13) North 80 degrees 05 minutes 45 seconds East a distance of
156.87 feet, (14) South 73 degrees 16 minutes 00 seconds East a distance of 223.64 feet,
(15) South 47 degrees 12 minutes 30 seconds East a distance of 136.51 feet, (16) South 00
degrees 42 minutes 00 seconds West a distance of 297.72 feet, (17) South 12 degrees 29
minutes 10 seconds West a distance of 62.01 feet, (18) South 13 degrees 40 minutes 00
seconds West a distance of 116.94 feet, (19) by a curve to the right having a radius of
305.00 feet, an arc length of 59.27 feet (a chord bearing South 19 degrees 14 minutes 00
seconds West a distance of 59.17 feet), (20) North 65 degrees 12 minutes 00 seconds West
a distance of 149.97 feet, (21) South 66 degrees 55 minutes 00 seconds West a distance of
341.30 feet, (22) South 20 degrees 07 minutes 00 seconds West a distance of 158.40 feet,
(23) by a curve to the right having a radius of 275.00 feet, an arc length of 162.56 feet (a
chord bearing North 52 degrees 56 minutes 54 seconds West with a chord distance of
160.21 feet), (24) South 61 degrees 41 minutes 40 seconds West a distance of 50.39 feet,
(25) South 36 degrees 29 minutes 10 seconds East a distance of 18.88 feet, (26) South 51
degrees 51 minutes 00 seconds West a distance of 260.00 feet, (27) North 45 degrees 38
minutes 45 seconds West a distance of 87.55 feet, (28) North 71 degrees 49 minutes 05
seconds West a distance of 108.61 feet, (29) South 09 degrees 49 minutes 30 seconds
West a distance of 78.96 feet, (30) South 01 degrees 48 minutes 45 seconds West a
distance of 78.96 feet, (31) South 04 degrees 05 minutes 45 seconds East a distance of
37.52 feet, (32) South 06 degrees 00 minutes 00 seconds East a distance of 395.78 feet to
the northern right-of-way of Hertzler Road (T-~;Of' ); THENCE along the northern right-of-
way of Hertzler Road (T-~of) South 83 degrees 25 minutes 50 seconds West a distance of
360.02 feet; thence through the lands of Glaize-Pennsylvania Orchards, Inc. (now, by
merger, Glaize Developments Incorporated) the following ten (10) courses and distances:
(1) North 06 degrees 00 minutes 00 seconds West a distance of 497,49 feet, (2) North 02
degrees 17 minutes 25 seconds West a distance of 50.00 feet, (3) North 02 degrees 35
minutes 45 seconds East a distance of 77.32 feet, (4) North 10 degrees 03 minutes 25
seconds East a distance of 71.67 feet, (5) North 17 degrees 15 minutes 20 seconds East a
distance of 72.16 feet, (6) North 24 degrees 32 minutes 35 seconds East a distance of
73.42 feet, (7) North 31 degrees 59 minutes 40 seconds East a distance of 75.42 feet, (8)
North 40 degrees 16 minutes 35 seconds East a distance of 89.99 feet, (9) by a curve to the
right having a radius of 700.00 feet, an arc length of 954.74 feet (a chord bearing North 06
degrees 09 minutes 46 seconds West a distance of 882,44 feet), (10) North 62 degrees 33
minutes 05 seconds West a distance of 42.61 feet to a concrete monument located on the
westerly line of the lands of Glaize-Pennsylvania Orchards, Inc. (now, by merger, Glaize
Developments, Incorporated); THENCE along the western line of the lands of Glaize-
Pennsylvania Orchards, Inc. (now, by merger, Glaize Developments, Incorporated) the
following five (5) courses and distances: (1) North 17 degrees 09 minutes 30 seconds West
a distance of 167.81 feet, (2) North 25 degrees 51 minutes 00 seconds West a distance of
407.28 feet to a concrete monument, (3) North 28 degrees 37 minutes 00 seconds West a
distance of 926.00 feet to an Oak tree, (4) South 82 degrees 14 minutes 25 seconds East a
distance of 174.35 feet to a concrete monument, (5) North 04 degrees 59 minutes 10
seconds West a distance of 268.49 feet to the point and p~ace of BEGINNING.
LESS an area bounded and referenced South 15 degrees 39 minutes 22 seconds East a
distance of 1,926.14 feet from the above-described point and place of BEGINNING;
THENCE through the lands of Glaize-Pennsylvania Orchards, Inc. (now, by merger, Glaize
Developments, Incorporated) the following seven (7) courses and distances: (1) South 71
degrees 09 minutes 35 seconds East a distance of 222.03 feet, (2) South 50 degrees 19
minutes 10 seconds East a distance of 132.58 feet, (3) South 32 degrees 47 minutes 45
seconds East a distance of 62.72 feet, (4) South 06 degrees 22 minutes 30 seconds West a
distance of 97.79 feet, (5) South 37 degrees 14 minutes 20 seconds West a distance of
162.10 feet, (6) South 62 degrees 50 minutes 30 seconds West a distance of 146.42 feet,
(7) by a curve to the right having a radius of 640.00 feet, an arc length of 528.26 feet (a
chord bearing North 12 degrees 01 minutes 10 seconds West a distance of 513.40 feet).
The above-described Parcel 1 (containing 87.19 acres, more or less), less the described
area (containing 2,76 acres, more or less), has a net area of 84.43 acres, more or less,
The above-described Parcel 1 specifically includes (i) Lot Nos. 1-20, Lot A, a portion of the
legal right-of-way of Orchard Boulevard, a portion of the legal right-of-way of Lake Drive, a
portion of the legal right-of-way of Nursery Drive N., a portion of OSL No. 1 and a portion of
OSL No. 2 [as shown on Sheet C 6-2/Final Subdivision Plan/Stage 1], (ii) Lot Nos. 21-54, a
portion of the legal right-of-way of Orchard Boulevard, a portion of the legal right-of-way of
Nursery Drive N., a portion of the legal right-of-way of Nursery Drive S., a portion of OSL No.
1 and OSL No. 3 [as shown on Sheet C 6-3/Final Subdivision Plan/Stage 1], (iii) Lot B, a
portion of the legal right-of-way of Lake Drive and a portion of OSL No. 4 [as shown on
Sheet C 6-4/Final Subdivision Plan/Stage 1], (iv) Lot Nos. 72-87, a portion of the legal right-
of-way of Lake Drive, a portion of the legal right-of-way of Cider Hill Drive, the legal right-of-
way of Park Circle, OSL No. 5 and a portion of OSL No. 4 [as shown on Sheet C 6-5/Final
Subdivision Plan/Stage 1] and (v) Lot Nos. 55-71, a portion of the legal right-of-way of Lake
Drive, the legal right-of-way of Harvest Drive, OSL No. 6 and OSL No. 7 [as shown on Sheet
C 6-6/Final Subdivision Plan/Stage 1].
3
PARCEL2:
BEGINNING in the southern right of way line of Winding Hill Road (S.R. 2010) a distance of
669.16 feet on a course of NoAh 46 degrees 55 minutes 35 seconds West from the
intersection of southern right of way line of Winding Hill Road(S.R. 2010) with the common
boundary line between lands of Glaize-Pennsylvania Orchards, Inc. (now, by merger, Glaize
Developments, Incorporated) and the western right of way of Reading Railroad (now or
formerly); THENCE through the lands of Glaize-Pennsylvania Orchards, Inc, (now, by
merger, Glaize Developments, Incorporated) the following thirty-four (34) courses: (1) South
42 degrees 50 minutes 25 seconds West a distance of 13.50 feet to the southern dedicated
right of way line of Winding Hill Road (S.R. 2010), (2) by a curve to the left having a radius of
37.00 feet, an arc length of 46,45 feet (a chord bearing NoAh 83 degrees 07 minutes 25
seconds West a distance of 43.46 feet), (3) South 48 degrees 00 minutes 00 seconds East
a distance of 35.13 feet, (4) South 03 degrees 00 minutes 00 seconds East a distance of
110.12 feet, (5) South 42 degrees 00 minutes 00 seconds West a distance of 822.13 feet,
(6) NoAh 48 degrees 00 minutes 00 seconds West a distance of 115.00 feet, (7) South 42
degrees 00 minutes 00 seconds West a distance of 93.00 feet, (8) by a curve to the left
having a radius of 12.00 feet, an arc length of 18.85 feet (a chord bearing South 03 degrees
00 minutes 00 seconds East a distance of 16.97 feet), (9) South 42 degrees 00 minutes 00
seconds West a distance of 50.00 feet, (10) South 48 degrees 00 minutes 00 seconds East
a distance of 20.41 feet, (11) by a curve to the left having a radius of 80.00 feet, an arc
length of 63.26 feet (a chord bearing South 70 degrees 39 minutes 15 seconds East a
distance of 61,63 feet), (12) NoAh 86 degrees 41 minutes 25 seconds East a distance of
141,90 feet, (13) South 77 degrees 57 minutes 50 seconds East a distance of 189.28 feet,
(14) South 55 degrees 49 minutes 00 seconds East a distance of 118.49 feet, (15) South 23
degrees 22 minutes 00 seconds West a distance of 110,00 feet, (16) NoAh 68 degrees 20
minutes 00 seconds West a distance of 116.41 feet, (17) South 86 degrees 13 minutes 25
seconds West a distance of 203.17 feet, (18) NoAh 72 degrees 08 minutes 40 seconds
West a distance of 164.91 feet, (19) NoAh 48 degrees 00 minutes 00 seconds West a
distance of 104.25 feet, (20) NoAh 42 degrees 00 minutes 00 seconds East a distance of
110.47 feet, (21) NoAh 48 degrees 00 minutes 00 seconds West a distance of 50.00 feet,
(22) by a curve to the (eft having a radius of 12.00 feet, an arc length of 18.85 feet (a chord
bearing NoAh 03 degrees 00 minutes 00 seconds West a distance of 16.97 feet), (23) NoAh
42 degrees 00 minutes 00 seconds East a distance of 50.00 feet, (24) by a curve to the left
having a radius of 12,00 feet, an arc length of 18.85 feet (a chord bearing NoAh 87 degrees
00 minutes 00 seconds East a distance of 16.97 feet), (25) NoAh 42 degrees 00 minutes 00
seconds East a distance of 93.00 feet, (26) NoAh 48 degrees 00 minutes 00 seconds West
a distance of 115.00 feet, (27) NoAh 42 degrees 00 minutes 00 seconds East a distance of
775.00 feet, (28) South 48 degrees 00 minutes 00 seconds East a distance of 89.32 feet,
(29) by a curve to the left having a radius of 12.00 feet, an arc length of 9.42 feet (a chord
bearing South 70 degrees 30 minutes 00 seconds East a distance of 9.18 feet), (30) NoAh
87 degrees 00 minutes 00 seconds East a distance of 9.67 feet, (31) by a curve to the right
having a radius of 50.00 feet, an arc length of 13.09 feet (a chord bearing South 85 degrees
30 minutes 00 seconds East a distance of 13.05 feet), (32) NoAh 42 degrees 00 minutes 00
seconds East a distance of 96.53 feet, (33) by a curve to the left having a radius of 37.00
feet, an arc length of 57.58 feet (a chord bearing NoAh 02 degrees 34 minutes 45 seconds
West a distance of 51.94 feet) to the southern dedicated right of way line of Winding Hill
Road (S.R. 2010) and (34) NoAh 42 degrees 50 minutes 25 seconds East a distance of
13.50 feet to the southern right of way line of Winding Hill Road (S.R, 2010); THENCE along
the southern right of way line of Winding Hill Road (S.R. 2010) South 47 degrees 09 minutes
33 seconds East a distance of 124.01 feet to the place of BEGINNING.
4
The above-described Parcel 2 contains 7.54 acres.
The above-described Parcel 2 specifically includes Lot Nos. 88-111, Lot No. 275, a portion
of the legal right-of-way of Macoun Drive, a portion of the legal right-of-way of Mclntosh
Drive and eSL No. 8 (as shown on Sheet C 6-7/Final Subdivision Plan/Stage 1).
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in
consideration of the sum of One ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is
hereby acknowledged, and the further consideration mentioned in the Agreement, for itself and its
subcontractors, and all parties acting through or under Contractor and its subcontractors, covenant and
agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the
above-described real estate for or on account of any work done or materials furnished by them or any of
them under said Agreement or otherwise, for, towards, in, or about the completion of the site work and other
improvements, as described above, on the real estate above described and said Contractor, for itself, its
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 real estate above described, and agree that this
instrument, waiving the right of lien, shall be an independent covenant.
WITNESS, our hands and seals this i(¢q4~day of February, 2004.
Owner:
UPPER ALLEN PARTNERS, L.P.,
a Pennsylvania limited partnership
By: Upper AlJe/o~agement, LLC, its General Partner
Michael O. Greene, Manager
:224214
Contractor:
LEON E. WINTERMYER, INC., a Pennsylvania corporation
COMMONWEALTH OF PENNSYLVANIA
;SS,
COUNTY OF CUMBERLAND
On this the i~'¢5 day of ~bFu0. rl,I , 2004, before me, the undersigned
officer, personally appeared Michael J. Greene, who dcknowledged himself to be the Manager, UPPER
ALLEN MANAGEMENT, L.L.C., General Partner, UPPER ALLEN PARTNERS, L.P., and that he as such
Manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained
by signing as a Manager,
IN WITNESS WHEREOF, I hereunto set my hand and official seal
~'~otary Public
Notana) Seal
[od A Rid~ard, NotaE/Public
Lemoyne Boro, Cumberland County
My Commission Expires Nov 12, 2006
COMMONWEALTH OF PENNSYLVANIA
:SS,
COUNTY OF C.,c( qL ~Jc~
On the lO'q~* ;day of ~'('brt/0-*q'1 , 2004, before me, the undersigned officer, personally
appeare~d ~, ~.(~dil (,u~-~ 'pt~l~'f'- J , who acknowledged hi.rgself to be the
P'( ~SfCt¢~h~ of LEON Be. WINTERMYER, INC., and that he as such Y~St¢(d,l~
being authorized to do so, executed the foreaoinq instrument for the purposes therein contained by signing
the name of the Corporation as /¢/(' S f~('('d~
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
Notarial Seal
Led A, Richard, Notary Public
Lemovne Bom. Cumberland County
My Comrf~ss~n Exl~res Nov 12. 2006