HomeMy WebLinkAbout04-4105STIPULATION AGAINST LIENS
ROSSMOYNE RESIDENTIAL
ASSOCIATES,
Owner
V.
FOLLMER EXCAVATING, INC.,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NUMBER 0c~- L/IZ:)~" ~L]) TERM, 2004
ROSSMOYNE RESIDENTIAL ASSOCIATES, a Pennsylvania general partnership with its
registered office at 2318 Bellevue Road, Harrisburg, Dauphin County, Pennsylvania, hereinafter called
"Owner", has entered into a contract dated August 18th 2004 with FOLLMER EXCAVATING, INC., a
Pennsylvania corporation with its principal place of business at 6 Summer Drive, Dillsburg, York
County, Pennsylvania, hereinafter called "Contractor", for installation and construction of site
infrastructure improvements including sanitary and storm water systems, streets and other
improvements upon land of Owner situate in Upper Alien Township and Lower Allen Township,
Cumberland County, Pennsylvania, being more particularly bounded and described as follows:
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township
and Lower Allen Township, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at an iron pin; said pin being the common property corner of Lot #3 of
The Final Subdivision Plan for R. Hart Enterprises, Inc. (as recorded in Plan Book
85, Page 55) and Lots D-4 and C-4 of the Rossmoyne Industrial Park; THENCE
along the southern boundary line of lands now or formerly of Thomas L. Elliot, lands
now or formerly of American Real Estate Investment, L.P., lands now or formerly of
Szeles Real Estate Development Company, lands now or formerly of Lancaster
Development Company and lands now or formerly of Erie Indemnity Company,
North 54 degrees 30 minutes 00 seconds East a distance of 2,203.63 feet to the
western right-of-way of Rossmoyne Road; THENCE along the western right-of-way
of Rossmoyne Road, South 18 degrees 01 minute 58 seconds East a distance of
18.77 feet; THENCE along the same, South 36 degrees 49 minutes 53 seconds East
a distance of 296.07 feet; THENCE along the northern property line of lands now or
formerly of Susan M. Ritter, South 51 degrees 17 minutes 49 seconds West a
distance of 279.62, feet; THENCE along the western property line of the same,
South 34 degrees 39 minutes 11 seconds East a distance of 22.13 feet; THENCE
along the northern right-of-way of Woodbox Lane and the northern property line of
lands now or formerly of Robert J. and Katheryn A. Horst, South 50 degrees 56
minutes 00 seconds West a distance of 283.15 feet; THENCE along the western
property line of said Horst, South 37 degrees 07 minutes 02 seconds East a distance
of 167.73 feet to an iron pipe on the northern line of lands now or formerly of
Gregory S. Lesher; THENCE along the northern property line of said Lesher and the
northern property line of lands now or formerly of Robert J. Moore, 63 degrees 40
minutes 49 seconds West a distance of 259.83 feet to the northwest property corner
of said Moore; THENCE along the western property line of said Moore, South 18
degrees 01 minute 43 seconds East a distance of 138.95 feet to the northern right-
of-way of Firethorn Lane; THENCE along said right-of-way South 71 degrees 49
minutes 34 seconds West a distance of 30.83 feet; THENCE along the western right-
of-way of said lane, South 18 degrees 09 minutes 12 seconds East a distance of
45.05 feet to an iron pin at the common property corner of lands now or formerly of
Richard A. and Cheryl S. Lehmann and lands now or formerly of James R. and
Judith A. McClure; THENCE along the northern property line of said McClure, South
71 degrees 49 minutes 37 seconds West a distance of 27.22 feet to an iron pin on
the northern boundary line of the same; THENCE along the same, South 86 degrees
41 minutes 11 seconds West a distance of 89.78 feet to the northwest property
corner of the same; THENCE along the western property line of the same, South 05
degrees 32 minutes 19 seconds West a distance of 161.26 feet to the common
property corner of said McClure and lands now or formerly of John R. and Louise M.
Heckman; THENCE along the northern property line of said Heckman, South 78
degrees 21 minutes 59 seconds West a distance of 69.96 feet to an iron pipe;
THENCE along the western property line of the same, South 20 degrees 48 minutes
28 seconds East a distance of 117.20 feet; THENCE along the same, South 05
degrees 40 minutes 26 seconds East a distance of 89.99 feet to an iron pipe at the
common property corner of said Heckman and lands now or formerly of Steve E. and
Kathy Ann Brenizer; THENCE along the northern property line of said Brenizer,
South 43 degrees 00 minutes 00 seconds West a distance of 100.02 feet; THENCE
along the same and the northern property line of lands now or formerly of Thomas R.
Bank, Et. Ux., South 30 degrees 25 minutes 34 seconds West a distance of 158.69
feet to the northern property line of said Bank; THENCE along the northern property
line of the same, lands now or formerly of Raymond R. and Alma A. Muriceak, lands
now or formerly of Robert C. and Beverly D. Stuart, lands now or formerly of Howard
R. and Laurie S. Greenawalt and lands now or formerly of Robert D. Jr. and Sally C.
Chamberlain, South 71 degrees 49 minutes 34 seconds West a distance of 693.29
feet to an iron pin on the northern property line of said Chamberlain; said pin also
being the southeast property corner of lands now or formerly of Jerry L. and Barbara
L. Ogline; THENCE along the eastern property line of said Ogline, North 18 degrees
10 minutes 26 seconds West a distance of 140.00 feet to the southern right-of-way
of Ravenwood Road; THENCE along the same, North 71 degrees 49 minutes 34
seconds East a distance of 57.75 feet; THENCE along the eastern right-of-way of
the same and the eastern property line of lands now or formerly of Andrew H. and
Nancy C. Wagner, North 18 degrees 10 minutes 26 seconds West a distance of
190.00 feet to an iron pin at the northeast property corner of the same; THENCE
along the northern property line of the same and the northern property line of lands
now or formerly of Dennis L. and Karin M. Burd, South 71 degrees 49 minutes 34
seconds West a distance of 167.49 feet; THENCE along the eastern property line of
Lot #2 and Lot #3 of The Final Subdivision Plan for R. Hart Enterprises, Inc., North
42 degrees 07 minutes 16 seconds West a distance of 424.00 feet to the place of
BEGINNING.
EXCEPTING AND RESERVING ALL THOSE CERTAIN TVVENTY (20)
TRACTS of land situated in Upper Allen and Lower Allen Townships, Cumberland
County, Pennsylvania more particularly described as follows:
Excepted Tract No. 1
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A, §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 9 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration,
BEING Lot No. 9 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 2
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 10 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 10 depicted on the Phase l Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 3
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 1'1 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No, 11 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 4
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 12 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 12 depicted on the Phase 1 Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excel~ted Tract No. $
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 13 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 13 depicted on the Phase l Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 2105,44, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 6
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C,S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 16 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 15 depicted on the Phase f Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 7
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 16 (identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 16 depicted on the Phase 1 Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 8
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumber/and County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et ~eq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 17 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No, 17 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumber/and County, Pennsylvania in Plan Book
86, Page 1.
Excel~ted Tract No. 9
ALL THAT CERTAIN tract or parcel of land being situate partly in Upper Allen
Township and partly in Lower Allen Township, Cumberland County, Pennsylvania
known, named and identified in the Declaration, referred to below, as "The Manor at
Fair Oaks, A Planned Community," located in Upper Allen Township and Lower
Allen Township, Cumberland County, Pennsylvania, which has heretofore been
submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68
Pa.C.S.A. §§5101 et seq., by the recording in the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania, the Declaration for The Manor at Fair Oaks, A
Flexible Residential Planned Community ("Declaration"), dated June 4, 2003, recorded
June 5, 2003, in Miscellaneous Book 698, Page 28, designated in such Declaration,
as Lot No. t8 (Identifying Number), as described in Section 2.2 of the Declaration,
and shown (and described) in Exhibit F of the Declaration.
BEING Lot No. 18 depicted on the Phase 1 Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 10
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way line of Ravenwood Road,
said point also being a common property corner of Lot 19 and Lot 46 of the
hereinafter referenced Final Subdivision Plan; THENCE along the northern right-of-
way line of Ravenwood Road South 71 degrees 49 minutes 37 seconds West a
distance of 127.42 feet to a point, said point being a common property corner of said
Lot 19 and lands N/F of Grantee; THENCE along the eastern boundary line of said
Grantee lands North 18 degrees 10 minutes 26 seconds West a distance of 140.01
feet to a point on the southern boundary line of Lot 17 of the hereinafter referenced
Final Subdivision Plan, said point being a common property corner of Lot 19 and
said Grantee lands; THENCE along the southern boundary line of said Lot 17 and
Lot 18 of the hereinafter referenced Final Subdivision Plan North 71 degrees 49
minutes 34 seconds East a distance of 127.43 feet to a point, said point being a
common property corner of said Lot 19 and said Lot 46; THENCE along the western
boundary line of said Lot 46 South 18 degrees 10 minutes 26 seconds East a
distance of 140.01 feet to a point, the point and place of BEGINNING.
BEING Lot No. 19 depicted on the Phase I Final Subdivision Plan for The
Manor at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002,
prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and
recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book
86, Page 1.
Excepted Tract No. 11
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 20 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 20 depicted on the Phase 1 Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excel)ted Tract No. 12
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 2t (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 21 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excel~ted Tract No. 13
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 22 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 22 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 14
ALL THAT CERTAIN tract or parcel of land being situate partly in Upper Allen
Township and partly in Lower Allen Township, Cumberland County, Pennsylvania
known, named and identified in the Declaration, referred to below, as "The Manor at
Fair Oaks, A Planned Community," located in Upper Allen Township and Lower
Allen Township, Cumberland County, Pennsylvania, which has heretofore been
submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68
Pa.C.S.A. §§5101 et seq., by the recording in the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania, the Declaration for The Manor at Fair Oaks, A
Flexible Residential Planned Community ("Declaration"), dated June 4, 2003, recorded
June 5, 2003, in Miscellaneous Book 698, Page 28, designated in such Declaration,
as Lot No. 23 (Identifying Number), as described in Section 2.2 of the Declaration,
and shown (and described)in Exhibit F of the Declaration.
BEING Lot No. 23 depicted on the Phase 1 Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 15
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa,C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 38 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 38 depicted on the Phase l Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 16
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the previsions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 39 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 39 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1,
Excepted Tract No. t7
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 40 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 40 depicted on the Phase f Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 18
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 4'1 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 41 depicted on the Phase I Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excepted Tract No. 19
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania known, named and identified in the Declaration,
referred to below, as "The Manor at Fair Oaks, A Planned Community," located in
Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for
The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"),
dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28,
designated in such Declaration, as Lot No. 45 (Identifying Number), as described in
Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the
Declaration.
BEING Lot No. 45 depicted on the Phase f Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
Excel~ted Tract No. 20
ALL THAT CERTAIN tract or parcel of land being situate partly in Upper Allen
Township and partly in Lower Allen Township, Cumberland County, Pennsylvania
known, named and identified in the Declaration, referred to below, as "The Manor at
Fair Oaks, A Planned Community," located in Upper Allen Township and Lower
Allen Township, Cumberland County, Pennsylvania, which has heretofore been
submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68
Pa.C.S.A. §§5101 et seq., by the recording in the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania, the Declaration for The Manor at Fair Oaks, A
Flexible Residential Planned Community ("Declaration"), dated June 4, 2003, recorded
June 5, 2003, in Miscellaneous Book 698, Page 28, designated in such Declaration,
as Lot No. 46 (Identifying Number), as described in Section 2.2 of the Declaration,
and shown (and described) in Exhibit F of the Declaration.
BEING Lot No. 46 depicted on the Phase f Final Subdivision Plan for The Manor
at Fair Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared
by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book
86, Page 1.
SAID EXCEPTED AND RESERVED TRACTS BEING LOTS NOS. 9, 10, 1t,
12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 38, 39, 40, 41, 45 and 46 of the Phase 1
Final Subdivision Plan for The Manor at Fair Oaks, dated May 22, 2002, last revised
August 30, 2002, prepared by Alpha Consulting Engineers, Inc. (Project No.
210544), recorded in the Recorder of Deeds Office of Cumberland County, in Plan
Book 86, Page 1.
THE REMAINDER BEING LOT NOS. 14 and 47, together with portions of
the rights-of-way for Ravenwood Road, Maple Leaf Court and Hart Crossing, of the
Phase 1 Final Subdivision Plan for The Manor at Fair Oaks, dated May 22, 2002,
last revised August 30, 2002, prepared by Alpha Consulting Engineers, Inc. (Project
No. 210544) recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania in Plan Book 86, Page 1, TOGETHER WITH additional lands
designated as future Phase 2 on Sheet $-3 of said Phase 1 Final Subdivision Plan
and more fully described herein.
BEING A PORTION OF THE SAME PREMISES which R. Hart Enterprises, Inc.
by deed dated May 20, 2004 and recorded in the Office of the Recorder of Deeds of
Cumberland County in Deed Book 0263, Page 680, granted and conveyed unto
Rossmoyne Residential Associates.
NOW, this August 18t~, 2004, before any authority has been given by the said Owner to the said
Contractor to commence work on the said improvements or purchase materials for the same, in
consideration of the making of the said contract with Owner and the further consideration of One Dollar
($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against said improvements
or the property by the Contractor, or any sub-contractor, nor by any of the matedal men or workmen or
any other person for any labor, or materials purchased, or extra labor or materials pumhased for the
installation and construction of said municipal improvements, the right to file such liens being expressly
waived.
WITNESS, our hands and seals the day and year aforesaid.
Owner:
ROSSMOYNE RESIDENTIAL ASSOCIATES,
a Pennsylvania General Partnership
BPLG, LLC, Managing Venturer
By:
Robert M. Walker, Managing Member
(SEAL)
:233302
Contractor:
~OLLR~~E~:~
(SEAL)