HomeMy WebLinkAbout04-4389Logan's Run Associates, a
Pennsylvania general
partnership,
Owner
AND
Hampton Construction
Management, Limited, tld/bla
Hampton Construction Ltd.,
a Pennsylvania Corporation,
Contractor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. O~{ - 'CIS f mC~~' l
STIPULATION AGAINST LIENS
WHEREAS, Logan's Run Associates, a Pennsylvania general
partnership ("Owner"), the Owner of the real estate described herein has executed
a Contract dated ~ ~1p~f with Hampton Construction Management,
Limited, tld/d/a a%%mpto//n Construction Ltd. ("Contractor"), whose principal
place of business is located at 424 Railroad Avenue, Shiremanstown, Pennsylvania
17011 for the construction of certain improvements to said real estate situate at
Penn Valley, Phase 5, East Pennsboro Township, Cumberland County,
Pennsylvania, Pennsylvania as more particularly bounded and described on Exhibit
"A", attached hereto and made a part hereof; and
NOW, THEREFORE, this 73~ day of August, 2004, before any
authority had been given by Owner to Contractor to commence work on said
facilities or purchase materials for same, in consideration of making of the
above-described Gontract between Owner and Contractor, and in further
consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt
whereof is hereby acknowledged and intending to be legally bound hereby, it is
agreed that no liens or claims shall be filed or maintained against the Owner's
facilities and the land described herein or any interest of Owner therein 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 abut
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 described herein, being hereby expressly waived
by the Contractor for itself, its subcontractors, all materialmen, or workmen and
other acting through or under them.
2
IN WITNESS WHEREOF, each of the parties, by their duly authorized
representatives, have hereunto executed the Stipulation Against Liens this ~~
day of August, 2004,
OWNER:
Logan's Run Associates, a
Pennsylvania general partnership
By: Fogarty Homes, Inc., General
Partner
Dated: ~~ ejl
Haubert Homes, Inc., General
Dated: ~"~~S/d ~ By: ~~~~a!IV(.'_`""V~
Don E. Haubert, Sr., President
CONTRACTOR:
HAMPTON CONSTRUCTION
MANAGEMENT, LIMITED tld/b/a
Hampton Construction Ltd.
Dated: 7~-~~'~~ By: t ~Sc~1
3
EXHIBIT KA"
ALL THAT CERTAIN lot or piece of ground situate in the Township of East
Pennsboro, Cumberland County, Pennsylvania bounded and described according to
a certain Final Plan for Penn Valley, prepared by Hartman & Associates, Inc.,
Engineers and Surveyors, Camp Hill, Pennsylvania, dated June 23, 1993 and last
revised September 9, 1993, as follows, to wit:
BEGINNING at a point at the northern corner of lands now or late of the Most
Reverend Joseph T. Daley, Bishop of Harrisburg, Diocese of the Catholic Church
and in line of Lot No. 32 on the Plan No. 3 of Treemont; thence extending from said
point South 80 degrees 14 minutes 45 seconds West, 1,956.65 feet to a point in line
of lands of now or late of Susan Magaro; thence extending along said lands South 33
degrees Ol minute 45 seconds East, 1,034.12 feet to a point in line of lands now or
late of Logan's Run Associates; thence along said land North 76 degrees 34 minutes
22 seconds East, 994,98 feet to a point; thence extending South 34 degrees 43
minutes 41 seconds East, 558.87 feet to a point at a corner of Lot Nos. 132 and 133
on the Plan of Penn Valley; thence extending along said boundary between said lots
North 55 degrees 16 minutes 39 seconds East, 100.00 feet to a point on the
southwest side of Willow Way Drive; thence extending along said drive North 34
degrees 43 minutes 21 seconds West, 56.33 feet more or less to a point; thence
extending across the bed of Willow Way Drive and along the boundary between Lots
185 and 184 on the Plan of Penn Valley North 55 degrees 16 minutes 39 seconds
East, 157.26 feet to a point in line of Lot No. 179 on said plan; thence along the
revised lot line of Lot 179 and 183 as shown on the Revised Subdivision Plan
recorded in Plan Book 76, page 107, North 78 degrees 42 minutes 49 seconds East,
119.78 feet to a point; thence extending between the boundary between Lots 181
and 182, North 81 degrees 00 minutes 00 seconds East, 100.00 feet to a point on the
western side of Elm Drive; thence extending along said drive North 09 degrees 00
minutes 00 seconds West, 17.00 feet to a point; thence extending across the bed of
Elm Drive and continuing along the boundary between Lots 198 and 197 North 81
degrees 00 minutes 00 seconds East, 151.50 feet to a point in line of Lot No. 196 on
said plan; thence extending along said lot North 09 degrees 09 minutes 52 seconds
west, 100.00 feet to a point in line of Lot No. 199 on said plan; thence extending
along said lot and continuing North 81 degrees 00 minutes 00 seconds East, 80.60
feet to a point; thence continuing North 69 degrees 41 minutes 14 seconds East,
2.68 feet; thence continuing North 09 degrees 45 minutes 15 seconds West, 99.48
feet to a point a corner of Lot No. 202 and 199 on said plan; thence extending along
Lot No. 202 South 81 degrees 00 minutes 00 seconds Weat, 82.22 feet to a point a
corner of Lot
No. 200 on said plan; thence extending along Lots 200 and 201 and continuing
North 09 degrees 09 minutes 52 seconds West, 214.99 feet to a point on the
southern side of Maplewood Lane; thence extending along said lane South 80
degrees 14 minutes 45 seconds Weat, 99.67 feet to a point in the intersection of
Maplewood Lane and Elm Drive; thence extending along Elm Drive North 09
degrees 45 minutes 1b seconds West, 350.00 feet to a point in line of lands of the
Diocese of the Catholic Church; thence extending along said lands South 80 degrees
14 minutes 45 seconds West, 160.00 feet to a point; thence continuing North 09
degrees 45 minutes 15 seconds West, 440.00 feet to the point and place of
BEGINNING.
BEING PHASE V ON THE FINAL SUBDIVISION PLAN FOR PENN VALLEY.
PHASE V containing 21.043 acres, more or less.
BEING a portion of the same premises which Penn Valley Corp., a Pennsylvania
corporation by its Deed dated June 24, 1998 and recorded June 30, 1998 in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Deed Book 180, Page 263, granted and conveyed unto Logan's Run Associates, a
Pennsylvania general partnership.
LESS AND EXCEPTING ALL OF F3iASES III AND IV.
405317v1
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