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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 C~ ~- i~ ,1 ~_ v C G N N n ~ ~ T J_' 7s T --- r = n'r _ L~ a -MITI ~ c' ? ~ _~ ; ='t ~ ., -- '" ; n o :'~ __ ~,,