Loading...
HomeMy WebLinkAbout10-5946 PREPARED BY AND RETURN TO: Craig I. Adler, Esquire CAPOZZI & ASSOCIATES, P.C. 2933 North Front Street Harrisburg, Pennsylvania 171 10 (717) 234-3289 PARCEL NO.: 29-05-0427-075 and 29-05-0427-074 Fl?F?'?CE f CUMPEN vSl'L M Cou A Classic at Mountain View Estates ) IN THE COURT OF COMMON PLEAS Limited Partnership, a Pennsylvania D*t+m4*1 Cr TY, PENNSYLVANIA Limited Partnership ) Cq O'l Owner V. ) John W. Gleim, Jr., Inc., a ) NO. /1) - /4f (- Pennsylvania Corporation J Contractor STIPULATION AGAINST LIENS WHEREAS, Classic at Mountain View Estates Limited Partnership, a Pennsylvania Limited Partnership, of Dauphin County, Pennsylvania, is about to execute contemporaneously herewith, a contract with John W. Gleim, Jr., Inc., a Pennsylvania Corporation of Cumberland County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THOSE CERTAIN lots, parcels or tracts of land, located in the Township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania in accordance with a survey performed by Hartman and Associates, Inc. On October 19, 2005, more particularly bounded and described in the legal descriptions attached hereto and made a part hereof as Exhibit "A". n Sepkmh-m NOW, the day of Asst, 2010, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Classic at Mountain View Estates Limited Partnership, a Pennsylvania Limited Partnership to the said John W. Gleim, Jr., Inc., a Pennsylvania Corporation to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with John W. Gleim, Jr., Inc., a Pennsylvania Corporation and the further consideration of One Dollar, to John W. Gleim, Jr., Inc., a Pennsylvania Corporation paid by Classic at Mountain View Estates Limited Partnership, a Pennsylvania Limited Partnership it is agreed that no lien shall be filed against the building by the a1. co Fd. 6 ? ..{ C6 - contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNER: Classic at Mountain View Estates Limited Partnership, a Pennsylvania Limited Partnership By: Classic at Mountain View Estates GP LLC, a Pennsylvania General Partnership CONTRACTOR: BY: - 2 - Glei , Jr., Inc., >yl aria Corporation l,. 4 A7.1 that certain lot, parcel or tract of land, located in the Township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania, being Phase I on the Final Subdivision Plan of Mountain View Estates recorded to Cumberland County Instrument Number 2_010 -S prepared by Hartman and Associates Inc. more particularly bounded and described as follows; Beginning at a point at or near the centerline of North Middleton Road (T-495) at the line of land now or late of Floyd K. Horn; thence from said point of Beginning along and through the center of North Middleton Road South eighty-eight degrees, two minutes, thirty seconds East (Sod' 02' 30" E), a distance of three hundred sixty-five and forty-three hundredths feet (365.431) to a point; thence by land now or late of Scott Allen Horn the following two (2) courses: 1) South one degree, fifty-seven minutes, thirty seconds West (S 01' 57, 30" W), a distance of one hundred ninety feet (190.001) to a point; 2) South eighty-eight degrees, two minutes, thirty seconds East (S 88' 02, 30" E), a distance of two hundred forty-nine and eleven hundredths feet (249.111) to a point; thence by land now or late of William D. Bitner South thirty degrees, seven minutes, thirty seconds East (S 30 07' 30" E), a distance of three hundred sixty-one and three hundredths feet (361.031) to an existing axle; thence by land now or late of Cletus A. Kipps, Jr. South twenty-nine degrees, thirty-eight minutes, thirty-seven seconds East (S 29' 38, 37" E), a distance of one thousand twenty and twenty-one hundredths feet (1,020.211) to a point; thence by land now or late of Barbara Hall South twenty-nine degrees, forty-five minutes, twenty-two seconds East (S 29' 45, 22" E), a distance of seven hundred forty-eight and thirteen hundredths feet (748.131) to a point; thence by the line of lots of "The Villages at North Ridge" the following two (2) courses 1) South fifty-one degrees, six minutes, twenty-five seconds West (S 51' 06' 25" W), a distance of three hundred sixty-five and seventy-nine hundredths feet (365.791) to an iron pin 2) South forty-six degrees, nineteen minutes, twenty-six seconds West (S 46' 19' 26" W), a distance of one hundred ten and ninety hundredths feet (110.901) to a point; thence by future Phase II of Mountain View Estates the following thirteen (13) courses: 1) North forty-two degrees, fifteen minutes, nineteen seconds West (N 42' 15' 19" W), a distance of twenty-two feet (22.001) to a point; 2) by a curve to the right, having a radius of three hundred seventy-five feet (R = 375.001), an arc distance of one hundred thirty-seven and eighty- seven hundredths feet (A/L = 137.871); 3) by a curve to the left, having a radius of eleven feet (R = 11.001), an arc distance of sixteen and thirty hundredth feet (A/L = 16.301); 4) North fifteen degrees, forty-five minutes, twelve seconds West (N 15' 45' 12" W), a distance of fifty feet (50.001) to a point; 5) by a curve to the left, having a radius of eleven feet (R = 11.001), an arc distance of sixteen and twenty-two hundredths feet (A/L - 16.221); 6) by a curve to the right, having a radius of three hundred seventy-five feet (R = 375.001), an arc distance of one hundred nineteen and thirty-three hundredths feet (A/L = 119.331); 7) North seven degrees, forty-four minutes, forty-one seconds East (N 07' 44, 41" S ), a distance of fifty-three feet (53.001) to a point; 8) by a curve to the left, having a radius of eleven feet (R = 11.001), an arc distance of seventeen and twenty-eight hundredths feet (A/L = 17.281); 9) North seven degrees, forty-four minutes, forty-one seconds East (N 07' 44, 41" E), a distance of fifty feet (50.001) to a point; 10) by a curve to the left, having a radius of eleven feet (R a 11.001), an arc distance of seventeen and twenty-eight hundredths feet (A/L = 17.281); 11) North seven degrees, forty-four minutes, forty-one seconds East (N 07' 44' 41" E), a distance of thirty-five and six hundredth feet (35.061) to a point; 12) by a curve to the left, having a radius of three hundred twenty-five feet (R = 325.001), an arc distance of sixty-nine and one hundredths feet (A/L = 69.011); 13) South eighty- five degrees, thirty-four minutes, forty-one seconds West (S 85' 341 41" W), a distance of one hundred fifty-nine and sixty-nine hundredths -2- r feet (159.691) to a point; thence by future Phase III of Mountain View Estates the following twenty (20) courses: 1) North nine degrees, forty-six minutes, fifty-five seconds West (N 09' 46' 55" W), a distance of one hundred twenty-six and seventy-five hundredths feet (126.751) to a point; thence by land now or late of Melvin D. Mixell, land now or late of Fredrick Viti and land now or late of David C. Yugovich South twenty degrees, seven minutes, thirty seconds East (S 20' 07' 30" R), a distance of five hundred thirty feet (530.001) to a point; thence by land now or late of David C. Yugovich the following two (2) courses: 1) North sixty-six degrees, forty-five minutes, nineteen seconds East (N 66' 45, 19" S), a distance of three hundred fourteen and forty-three hundredths feet (314.431) to a point; 2) North twenty-two degrees, two minutes, thirty seconds West (N 22' 02' 30" W), a distance of two hundred sixty-four and forty-six hundredths feet (264.461) to a point; thence by land now or late of Floyd K. Horn the following two (2) courses: 1) North seventy-two degrees, seven minutes, thirty seconds East (N 72' 071 30" E), a distance of one hundred eighteen and thirty-four hundredths feet (118.341) to a point; 2) North one degree, fifty-seven minutes, thirty seconds East (N 01' 57, 30" E), a distance of three hundred twelve feet (312.001) to a point, the place of Beginning. Said tract contains 133.17 acres. Excepting thereon the following lots: 132,133 and 134 as shown on said Plan. The premises therein is being conveyed under and subject to that certain mortgage in favor of Graystone Bank dated September 2, 2010 in the original principal amount of $3,255,000.00 recorded in the office of the Recorder of Deeds in and for Cumberland County to Instrument No. 201024638 and to that certain mortgage in favor of Graystone Bank dated September 2, 2010 in the original principal amount of $895,000.00 recorded in the office of the Recorder of Deeds in and for Cumberland County to Instrument No. 201024639 BEING PART OF THE SAME PREMISES which Paul W. Gettle, a single person, and Annette K. Burns, a single person by their Deed dated February 24, 2006 and recorded February 27, 2006 in the office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Deed Book 273, page 1585, granted and conveyed unto Fred A. Gettys, one of the Grantors herein. ALSO BEING PART OF THE SAME PREMISES which Robert C. Stine, Jr., single person by Deed dated April 28, 2006 and recorded May 5, 2006 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Deed Book 274, page 2080, granted and conveyed unto Fred A. Gettys, LLP, a Pennsylvania Limited Liability Partnership, one of the Grantors hereon.