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Home My WebLink About04-1182S & A CUSTOM BUILT HOMES, INC., Owner and ROBERT-THOMAS CONSTRUCTION & SITE MANAGEMENT, INC., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AGAINST LIENS WHEREAS, S & A Custom Built Homes, Inc., a Pennsylvania corporatign (".Owner"), the Owner of the real estate described below, has executed a Contract dated X ~ t ~1 \ au, with Robert-Thomas Construction & Site Management, Inc., a Pennsylvania corporation ' ("Contractor"), whose principal place of business is located at 8051 Rabbit Lane, Harrisburg, Pennsylvania 17112 and more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this I~t~' day of March, 2004, before any authority had been given by Owner to Contractor to commence work for site improvements located in Phase lB, Phase 2 and Phase 3 of Stonehedge P.R.D., South Middleton Township, Cumberland County, Pennsylvania as described in Exhibit "A" in consideration of making of the above-described Contract with Owner, and in further consideration of One ($1.00) Dollar paid to Contractor by 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 land above-described by the Contractor or any of its subcontractors, 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, design 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 the land above-described, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. This Agreement is being executed in counterparts, and each counterpart shall be deemed to be an original instrument, but all counterparts together shall constitute but one Agreement. 393402vl IN WITNESS WHEREOF, each of the parties have hereunto executed the Stipulation Against Liens this ! day of March, 2004. BY: OWNER: S & A CUSTOM BUILT HOMES, INC., a Pennsylvania corporation CONTRACTOR: ROBERT-THOMAS CONSTRUCTION SITE MANAGEMENT, INC., a Pennsylvania corporation EXHIBIT "A" EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, being Lot Nos. 1 and 2 of that certain Final Minor Subdivision Plan for Stonehedge Developers, Inc. prepared by Grove Associates dated January 24, 2003, last revised May 12, 2003, and recorded July 24, 2003 in Cumberland County Plan Book 87, Page 72, more particularly bounded and described to wit: BEGINNING at a % inch diameter rebar on the northem right-of-way line of Stonehedge Drive (T-406), formerly known as Carlyn Drive at the southwest comer of lands now or formerly of Cline, and being North 68010'00'' West and 150.00 feet from the western right-of-way line of Stonehedge Drive; THENCE crossing Stonehedge Drive (formerly Carlyn Drive) and along lands now or formerly of Ludt, Szcepanik, Shank and Neisley, South 21 degrees 50 minutes 00 seconds West, a distance of 445.00 feet to a aA inch diameter rebar; THENCE along other lands now or formerly of Neisley and Mentzer, South 75 degrees 14 minutes 00 seconds West, a distance of 142.58 feet to a aA inch diameter rebar; THENCE along said lands now or formerly of Mentzer and crossing Stonehedge Drive, South 00 degrees 53 minutes 30 seconds West, a distance of 210.00 feet to a aA inch diameter rebar on the northern right-of-way line of Stonehedge Drive; THENCE along said northern right-of-way line, South 89 degrees 06 minutes 30 seconds East, a distance of 10.00 feet to a aA inch diameter rebar at lands now or formerly of Flenniken; THENCE along said lands of Flenniken, South 00 degrees 53 minutes 30 seconds West, a distance of 148.36 feet to a aA inch diameter rebar at lands now or formerly of the Old Fields Partnership; THENCE along said lands of the Old Fields Partnership, North 89 degrees 06 minutes 30 seconds West, a distance of 482.66 feet to a % inch diameter rebar; THENCE along the same North 88 degrees 11 minutes 30 seconds West, a distance of 321.39 feet to a ½ inch diameter rebar; THENCE along the same South 58 degrees 33 minutes 20 seconds West, a distance of 61.98 feet to a ½ inch diameter rebar at lands now or formerly of the Meedpenn Group; THENCE along said lands of the Meedpenn Group, North 30 degrees 08 minutes 30 seconds West, a distance of 171.59 feet to a 3/8 inch diameter rebar; THENCE along the same North 30 degrees 59 minutes 55 seconds West, a distance of 402.82 feet to a point; THENCE along the same North 30 degrees 54 minutes 45 seconds West, a distance of 12.15 feet to an iron pin at the southwest comer of Lot C-7 of the Final Minor Subdivision Plan for Stonehedge Developers, Inc. recorded in Cumberland County Plan Book 87, Page 72; THENCE along Lot C-7 North 57 degrees 14 minutes 10 seconds East, a distance of 357.05 feet to a % inch diameter rebar; THENCE along the same North 01 degrees 48 minutes 25 seconds East, a distance of 81.96 feet to a aA inch diameter rebar on the eastern right-of-way line of Village Drive (T-405); THENCE along said western right- of-way line, South 86 degrees 50 minutes 57 seconds East, a distance of 70.58 feet to a point of curvature; THENCE along the same and a curve to the left having a radius of 225.00 feet, a delta of 35 degrees 54 minutes 16 seconds, an arc length 141.00 feet and a chord which bears North 75 degrees 11 minutes 20 seconds East having a chord distance of 138.70 feet to a point of tangency; THENCE along the same North 57 degrees 14 minutes 10 seconds East, a distance of 191.87 feet to a point of curvature; THENCE along the same and along a curve to the left having a radius of 225.00 feet, a delta of 45 degrees 00 minutes 04 seconds, an arc length 176.72 feet and a chord which bears North 34 degrees 44 minutes 10 seconds East having a chord distance of 172.21 feet to a point oftangency; THENCE along the same North 12 degrees 14 minutes 10 seconds East, a distance of 153.25 feet to a point of curve; THENCE along the same and a curve to the right having a radius of 175.00 feet, a delta of 18 degrees 57 minutes 05 seconds, an arc length 57.88 feet and a chord which bears North 21 degrees 42 minutes 42 seconds East having a chord distance of 57.62 feet to a 3A inch diameter rebar at lands of Clifton Terrace which lands are recorded in Plan Book 63, Page 33 in the Cumberland County Courthouse, Office of the Recorder of Deeds, Carlisle, PA; THENCE along Clifton Terrace South 32 degrees 45 minutes 50 seconds East, a distance of 226.22 feet to a ~A inch diameter rebar; THENCE along the same North 57 degrees 14 minutes 10 seconds East, a distance of 227.63 feet to a 3A inch diameter rebar; THENCE along the same North 77 degrees 09 minutes 30 seconds East, a distance of 103.01 feet to a 3A inch diameter rebar; THENCE along the same North 36 degrees 39 minutes 40 seconds East, a distance of 398.00 feet to a 3A inch diameter rebar; THENCE along the same North 42 degrees 41 minutes 40 seconds East, a distance of 146.90 feet to a point on a curve at the southern right-of-way line of Stonehedge Drive; THENCE along said right-of-way line and a curve to the right having a radius of 390.11 feet, a delta of 32 degrees 05 minutes 28 seconds, an arc length 218.50 feet and a chord which bears South 45 degrees 44 minutes 17 seconds East having a chord distance of 215.65 feet to a 3A inch diameter rebar at lands now or formerly of Greer; THENCE along said lands of Greer South 71 degrees 59 minutes 15 seconds West, a distance of 144.58 feet to a 3A inch diameter rebar; THENCE along the same South 20 degrees 27 minutes 50 seconds East, a distance of 91.63 feet to a point at lands now or formerly of Yi and Dong; THENCE along said lands of Yi and Dong South 05 degrees 03 minutes 50 seconds East, a distance of 76.00 feet to a point at lands now or formerly of Bonin; THENCE along said lands of Bonin South 13 degrees 31 minutes 40 seconds West, a distance of 85.00 feet to a *A inch diameter rebar at lands now or formerly of Potts; THENCE along said lands of Potts and lands now or formerly of Bellinger, Webber and Cline South 21 degrees 50 minutes 00 seconds West, a distance of 410.00 feet to a 3¼ inch diameter rebar, the POINT OF BEGINNING. CONTAINING 1,271,214.13 square feet or 29.1831 acres. BEING a the same premises which Myrtle T. Niesley, Executrix of the Estate of John E. Niesley and Stonehedge Developers, Inc. by their Deed dated March 18, 2004 and recorded March ,2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book , Page , granted and conveyed unto S & A Custom Built Homes, Inc.