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HomeMy WebLinkAbout09-3550Na. j - 3 5"S0 /14 STIPULATION AGAINST LIENS THIS AGREEMENT made this av6 day of 14 , 2009, by and between JOHN W. GLEIM, JR., EXCAVATING, INC. `hereinafter referred to as Contractor, A N D GETTYS VENTURES FAMILY LIMITED PARTNERSHIP, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erect and construct certain infrastructure improvements situate in North Middleton Township, Cumberland County, Pennsylvania at the Village of North Ridge Phase II, as more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Village at North Ridge, less Phase 1, North Middleton Township, Cumberland County, Pennsylvania. 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 seals the day and year first above written. im, Jr. Jo . W. Gleim, Jr. / v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 01?6 day of Q , 2009 before me, the undersigned officer personally appeared bhn W. Gleim, Jr. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the within instrument was executed by the person so identified in the capacity of President of John W. Gleim, Jr. Excavating, Inc. for the purposes therein contain. In Witness Whereof, I have hereunto seamy hand and official A%! (SEAL) Title of icer LTtI OF PENNSYLVANIA W6. a sw ck* ONkirPW, Naft PW* cod" sono, 9U"* Mne aungr Commiaion t, NU MefnD?r, HARTMAN & ASSOCIATES INC. Registered Professional Engineers & Surveyors 2101 Orchard Road Camp Hill, PA. 17011 Phone (717) 737-3495 Fax (717) 737-2063 LEGAL DESCRIPTION THE VILLAGES AT NORTH RIDGE PHASE II MAY 1, 2009 Beginning at a point on the western dedicated right-of-way line of West View (a fifty foot public right-of-way) at the corner of Lot No. 14 of North Ridge Phase VII as recorded in Plan Book 90 Page 95; thence from said point of Beginning, by said Lot No. 14 South eighty-nine degrees, forty-nine minutes, forty-one seconds West (S 89° 49' 41 W), a distance of one hundred eighty-nine and ninety-nine hundredth feet (189.99) to a point on the line of land now or late of Carl Eugene Jumper; thence by said land now or late of Carl Eugene Jumper North zero degrees, nine minutes, six seconds West (N 000 09' 06" W), a distance of three hundred eighty-three and forty-one hundredth feet (383.41 ) to a point on the line of the approved plan of Mountain View Estates; thence by the line of the future development of Mountain View Estates North forty-six degrees, nineteen minutes, twenty-six seconds East (N 46119'26" E), a distance of four hundred ninety-one and fifty-one hundredth feet (491.51 ) to a point; thence by the same and by land now or late of Barbara A. Hall North fifty-one degrees, six minutes, twenty-five seconds East (N 510 06'25 " E), a distance of four hundred seventy-five and seventy-four hundredth feet (475.74) to a point; thence continuing by land now or late of Barbara A. Hall North eighty-five degrees, twenty-eight minutes, forty-seven seconds East (N 85° 28'47" E), a distance of sixty-eight and forty-eight hundredth feet (6&48) to a point; thence by land now or late of Esther R. Hockenberry South eighty-seven degrees, four minutes, fifty-two seconds East (S 87104'52" E), a distance of one hundred eighty-nine and ninety-seven hundredth feet (189.97) to a point; thence by future Phase III of the Village of North Ridge the following four (4) courses 1) South two degrees, fifty-five minutes, eight seconds West (S 020 55'08" K), a distance of one hundred four and thirty-seven hundredth feet (104.37) to a point; 2) South fifty-three degrees, four minutes, twenty-eight seconds West (S 530 04'28" W), a distance of one hundred eight and twenty-four hundredth feet (108.24) to a point; 3) South twenty-four degrees, zero minutes, zero seconds West (S 240 00'00" R), a distance of three hundred one and sixty- five hundredth feet (301.65 ) to a point; 4) South ten degrees, zero minutes, zero seconds East (S 100 00' 00" E), a distance of one hundred twenty and thirteen hundredth feet (120.13) to a point; thence by the same and by future Phase IV of the Village of North Ridge South seventy-seven degrees, four minutes, twenty-eight seconds West (S 770 04' 28" N'), a distance of one hundred ten and thirty-eight hundredth feet (110.38) to a point; thence by future Phase IV of the Village of North Ridge the following eight (8) courses 1)North twelve degrees, fifty-five minutes, thirty-two seconds West (N 120 55' 32" N), a distance of forty-eight and eighty-six hundredth feet (48.86) to a point; 2) Exhibit "A" South seventy-seven degrees, four minutes, twenty-eight seconds West (S 77° 04'28" K), a distance of two hundred fifty-eight and seventy hundredth feet (259 70 ) to a point; 3) South forty-seven degrees, forty-four minutes, forty-one seconds West (S 470 44141 " N), a distance of fifty-eight and ninety-two hundredth feet (59 92 ) to a point ; 4) South twelve degrees, fifty-five minutes, thirty-two seconds East (S 12155'32 " E), a distance of twenty feet (20.00) to a point; 5) South seventy-seven degrees, four minutes, twenty- eight seconds West (S 77° 04'28" W), a distance of forty-seven and five hundredth feet (47.05) to a point; 6) South twelve degrees, fifty-five minutes, thirty-two seconds East (S 120 55'32" E), a distance of one hundred sixty feet (160.00) to a point;7)South seventy- seven degrees, four minutes, twenty-eight seconds West (S 770 04'28" N), a distance of thirty-two ten and sixty hundredth feet (32.60) to a point; S) South twelve degrees, fifty- five minutes, thirty-two seconds East (S 120 55'32" E), a distance of one hundred ten feet (110 00? to a point on the line of Lot No. 9 of North Ridge Phase VU as recorded in Plan Book 90 Page 95;thence by Lot No. 9, Lot No. 10 and crossing West View South seventy-seven degrees, four minutes, twenty-eight seconds West (S 770 04'28" TF), a distance of one hundred seventy-six and sixty-five hundredth feet (176.65 ) to a point; thence by the western dedicated right-of-way line of West View South zero degrees, ten minutes, nineteen seconds East (S 000 10'19" E), a distance of thirty-nine and one hundredth feet (39.01 ) to a point, the place of Beginning. Said phase contains 424,657.3 square feet or 9.75 acres. David W. Downey P.L.S. For Hartman and Associates Inc. ! 'S31 Y'J0151 4r NvlvltlbH tlOi q $pp vd 'A1 O ONV 36Wn0'dM NO'RlaG1W H1W.N (1 Cw -= UW xvr r II 3SVHd m 3JO1H HIHON 1b' aDVI-11A 3H-L y •ONI e3L`dIO066V 'Vid AUV°Nnos ONV NVV41l'i` H S Trs lrw W 4 to 41 ' S 5108. 3 o? N Q ?s sai faza s - - rZl-LZtr-Ce-eZ ZildlYd XYI error-d 6G - AMIL1oNiKhN NY]N[S3 yN M1 ? g d ? IV ou-eloo-m-ea,Wl 8d $g $o li reroeev BV?? , 8o R vews.3tmrxrnw.xisrv Q O 589 '41" W 189.99' {? O ?) ? -+`^ 2f l_7N ? •04.28." W y M " ,? ?,+r_:+ + l 5'7176.6 _ -- i N =_ ".W 5 77 p4 32•Gp 'l - - --- --'? A ? `A N n !n W ? - - - --- ¢ 05, ..$? y7 `` to )4• W, % 0.3 2 4 28d W= 8.70 k k99% yg \ ¢ j 0? 9ti 6? v x?r/ mm!i$ / t I ? $ i I e +s \ o p Uy \ '?Pf ?i gy SA g r?- APY ? 'i ??l.od l?cL C?w?rz. ?s?