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Home My WebLink About12-2486PARKVIEW AT BOILING SPRINGS LP, Owner V. JVH EXCAVATING, INC., Contractor IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNS919 C.J G NO. -0 Y • ?C` f`.3 err C~ STIPULATION AGAINST LIENS -`-' WHEREAS, PARKVIEW AT BOILING SPRINGS, LP of 1828 Goon iope Road, Enola, Pennsylvania 17025 (the "Owner") the Owner of the hereinafter described tract of land, has executed or is about to execute contemporaneously herewith a contract with JVH EXCAVATING, INC. of 700 Ayers Avenue, Lemoyne, Pennsylvania 17043 (the "Contractor") for improvements to the premises located at and known as Parkview at Boiling Springs, Phase I, South Middlton Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A" attached hereto and made a part hereof (the "Premises"). NOW, April 2, 2012, before any authority has been given by said Owner to the said Contractor to commence work on said Premises or to otherwise construct any improvements thereto, or to purchase materials for the same, or to enter into any 1 i:Uiil,ldl-LJ WLli caiiy subcon'racLoLs, of irta'eri-liaen, ur LlJ authorize any purchases by or through any subcontractors or materialmen, in considerat=ion of the making of said contract with the Owner and the further consideration of One Dollar ($1.00), to Contractor paid by said Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the building or Premises or any part thereof, by ann} %94.mPd ck, k a?sob FN a-7Ni31,s the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the building and improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the building and improvements to the Premises above described is hereby waived. WITNESS our hands and seals the day and year first above written. Witness/Attest: PARKVIEW AT BOILING SPRINGS, LP by Parkview Development GP, Inc., its rneral partner // (any R. Dawood resident JVH EXCAVATIVG, INC. By: EXHIBIT A LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern right of way line of S.R. 0174, also known as East Old York Road, at the intersection with a point within T537, also known as Springville Road; thence along the northern right of way line of S.R. 0174, also known as ]last Old York Road North 65 degrees 00 minutes 00 seconds West a distance of 630.7 feet to a point; thence North 77 degrees 26 minutes West, a distance of 444.2 feet to a point at lands now or formerly of W. Earl and Betty C. Wood; thence along lands of W. Earl and Betty C. Wood North 05 degrees 45 minutes 00 seconds East, a distance of 1353.86 feet to a point at lands now or formerly of Gladys M. Shughart; thence along lands of Gladys M. Shughart South 88 degrees 58 minutes 00 seconds East a distance of 2435.63 feet to a point at lands now or formerly of Thomas M, and C. Scott Williams; thence along lands of Thomas M. and C. Scott Williams, lands now or formerly of Jeffrey W. and Laurie C. Rudolph, lands now or formerly of Richard P. LeBlanc, lands now or formerly of Raymond and Genevieve A. Diehl, and lands now or formerly of Russell B. and Irene E. Wilcox, South 05 degrees 46 minutes 00 seconds West a distance of 566.93 fat to a point at lands now or formerly of Earl L. and June K. Shultz; thence along lands of Earl L. and June K. Shultz North 84 degrees 25 minutes 00 seconds West a distance of 208.6 feet to a point; thence South 06 degrees 46 minutes 00 seconds West a distance of 214.13 feet to a point; thence along said lands of Earl L. and June K. Shultz, lands now or formerly of Charles F. and Ruth M. Rossow, and lands now or formerly of Cynthia L. Arnold North 84 degrees 28 minutes West a distance of 261.96 feet to an iron pin set at Lot 3; thence along Lot 3 North 05 degrees 20 minutes 13 seconds East, a distance of 150.00 feet to an iron pin set; thence North 84 degrees 39 minutes 47 seconds West a distance of 150.00 feet to an iron pin set; thence South 05 degrees 20 minutes 13 seconds West a distance of 150.00 feet to an existing iron pipe marking a corner common to Lots Nos. 2 and 3 and said lands of Cynthia L. Arnold; thence along Lot 2 North 84 degrees 17 minutes 00 seconds West a distance of 100.00 feet to a point, thence South 53 degrees 38 minutes 57 seconds West a distance of 100.50 feet to a point; thence South 05 degrees 43 minutes 00 seconds West a distance of 30 feet to a point, thence North 83 degrees 01 minutes 00 seconds East a distance of 76.88 feet to a point; thence south 84 degrees 17 minutes 00 seconds Bast a distance of 100.00 feet to a point at said lands of Cynthia L. Arnold; thence along lands of Cynthia L. Arnold, lands now or formerly of Fred J. and Viola 1. Weber, other lands now or formerly of Fred J. and Viola I. Weber and lands now or formerly of Larry L. Warner, Jr. South 05 degrees 43 minutes 00 seconds West a distance of 734.93 feet to a point within T-537 also known as Springville Road; thence within T-537, also known as Springville Road South 80 degrees 00 minutes 00 seconds West a distance of 798 feet to the aforementioned intersection, the place of BEGINNING. CONTAINING a residual area of 73 acres, more or less, and being Lot 1 of the Final Minor Subdivision Plan for Raymond E. and Genevieve A. Diehl dated December 21, 1990, revised March 6, 1991, and recorded in Plan Book 62, Page 143. SUBJECT, to the perpetual, free and uninterrupted easement and right of way on, over, across, in, under and through the following described piece or parcel of land for the purpose ingress, egress, and regress to and from the premises above conveyed and the road, street, or right of way connecting to Springville Road (T-537) including, but not limited to, the right and privilege to grade, level, improve, pave the surface of said piece or parcel of land for the convenience of using the same for such access purposes, and to install, build and construct, maintain, repair, and replace water line or lines and other necessary appurtenances within said piece or parcel of land as part of the municipal water system owned and operated by South Middleton Township Municipal Authority, reserving, however, unto the Grantors, their heirs and assigns, the right and privilege to use the surface of said piece or parcel of land in a manner not inconsistent with the primary rights and privileges of the Grantee, BEGINNING at an iron pipe marking a corner common to Lots Nos, 2 and 3 as shown on the plan of lots mentioned hereinabove and lands now or formerly of Cynthia L. Arnold; thence along the dividing line between Lots Nos. 2 and 3 as shown on said plan of lots, North 5 degrees 20 minutes 13 seconds East, a distance of 38.03 feet to a point; thence in and through lands of the Grantors, the following five courses and distances: (1) South 50 degrees 43 minutes West, a distance of 39.64 feet to a point; (2) North 84 degrees 17 minutes West, a distance of 75.53 feet to a point; (3) South 53 degrees 58 minutes 57 seconds West, a distance of 122.19 feet to a point; (4) South 5 degrees 43 minutes West, a distance of 25.56 feet to a point at the northern end of a 50-foot wide right of way or road; and (5) South 84 degrees 17 minutes East, a distance of 20 feet to a point at the southwestern corner of other lands now or formerly of South Middleton Township Municipal Authority (Lot No. 2 on the hereinabove mentioned plan of lots); thence along said lands (Lot No. 2) the following three courses and distances: (1) North 5 degrees 43 minutes East, a distance of 30 feet to a point; (2) North 53 degrees 58 minutes 57 seconds East, a distance of 100.50 feet to a point; and (3) South 84 degrees 17 minutes East, a distance of 100 feet to an iron pipe, the place of BEGINNING, BLUING all that shaded area marked "Proposed Utility Easement" as shown on the plan of lots mentioned hereinabove, and containing 3,083.19 square feet of land area. TOGETHER with the further perpetual, free and uninterrupted easement and right of way on, over, across, upon and through the 50-feet wide north-south right of way, street or road extending from the last above described piece or parcel of land and Springville Road (T-537) for the purposes of ingress, egress, and regress, in common with the Grantors, their heirs and assigns. BEING part of the same premises which Raymond E. Diehl and Genevieve A. Diehl, by Deed dated October 13, 1998, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 189, Page 111, granted and conveyed undivided one-third tenants in common interest each to Donald Diehl, Randy L. Diehl and Brenda D, Pallante. AND BEING part of the same premises which Randy L. Diehl and Nancy L. Diehl, by Deed dated June 20, 2000, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 224, Page 192, granted and conveyed undivided one-twelfth tenants in common interest each to Matthew B. Diehl and Brian T. Diehl. AND BEING part of the same premises which Randy L. Diehl and Nancy L. Diehl, by Deed dated January 27, 2001, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 238, Page 1035, granted and conveyed undivided one-twelfth tenants in common interest each to Matthew B. Diehl and Brian T. Diehl