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HomeMy WebLinkAbout04-5632IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLASSIC COMMUNITIES CORPORATION,) Contractor ) and ) ) DJH PENN VALLEY ASSOCIATES ) LIMITED PARTNERSHIP, ) Owner ) ) Mechanics' Lien Docket STIPULATION AGAINST LIENS AND WAIVER OF RIGHT TO FILE MECHANICS' LIENS WHEREAS, an agreement ("Contract") has been entered into between Classic Communities Corporation, ("Contractor") and DJH Penn Valley Associates Limited Partnership ("Owner") in which the Contractor has agreed to provide certain labor and materials in the construction of a residential development in East Pennsboro Township, Cumberland County, Pennsylvania, known as "Penn Valley", upon the following tract of land of the Owner: See attached Narrative Description for Penn Valley, incorporated herein by reference. INTENDING TO BE LEGALLY BOUND HEREBY, the Contractor, for himself and any subcontractor and anyone else acting through or under Contractor, hereby stipulates and agrees that no lien or claim for a lien against the said tract of land or the improvements about to be erected thereon, commonly called a mechanics' lien, shall be filed by anyone, including without limitation the Contractor, any subcontractor, materialman, or any person furnishing labor or materials in connection with any construction thereon. This is a separate and independent covenant and shall be operative and effective with respect to labor done and materials furnished under any supplemental contract or contracts for extra or different work, as well as labor done and materials furnished under such agreement between the Contractor and the Owner. In the event any mechanics' lien or claim is filed by the Contractor or any person, firm, or corporation claiming under, through, or against the Contractor, the Contractor, for the Contractor and all such persons, firms, and corporations, hereby irrevocably waives any right to a ju~y tdal in any action to stdke or discharge the lien. If the Contractor or any person, firm, or corporation claiming under, through, or against the Contractor files a mechanics' lien, notwithstanding this stipulation and waiver, the Owner and the Owner's bank each shall have the right to discharge the lien by legal proceedings and to retain out of any payment then due or thereafter to become due to the Contractor an amount sufficient to completely reimburse and indemnify the Owner and the Owner's bank against all expenses and losses relating from such lien. Such expenses and losses shall include, without limitation, any attorneys' fees, surety bond premiums, and other costs incurred in attempting to discharge or remove such lien, and any damages or other losses resulting from such lien, all of {A590787:} which the Contractor agrees to pay. If any payment then due to the contractor by the owner is not sufficient to reimburse and indemnify the Owner or the Owner's bank by way of off-set as aforesaid, the Contractor agrees to pay the amount of the difference to the Owner or the Owner's bank, as the case may be, upon demand. The Contractor warrants and represents that at the time of execution hereof: no work of any kind has been done and no materials or supplies have been furnished, delivered, or ordered in connection with the performance of the contract or any supplement to the contract for extra work in the construction and completion of such buildings or improvements. This Stipulation is made and intended to be tied with the County Prothonotary in accordance with the requirements of Section 1402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania, as amended. IN WITNESS WHEREOF, these presents have been executed under seal this day of ,~.,),~,.,-'--~'--'--, 2004. CONTRACTOR: CLASSIC COMMUNITIES CORPORATION By.'~ ~ (SEAL) Title: ~" OWNER: DJH PENN VALLEY ASSOCIATES LIMITED PARTNERSHIP Attest: N~me: Title: By: By: ¢ DJH PENN VALLEY ASSOCIATES, INC. (SEAL) {A590787:} Fidelity National Title Insurance Company of New York Commitment SCHEDULE C Legal Description TRACT #1: ALL THAT CERTAIN piece or tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania known as the Final Subdivision Plan of Penn Valley Phase V ( the "Penn Valley Phase V Plan") containing therein thirty nine (39) lots numbered Lots 77, 78, 79, 80, and 83 through and including 94, and 96 through and including 99, and 101 through and including 108, and 110, 111, 112, and 114 through and including 121 and street rights of way, all as designated and shown and more particularly described in accordance with the Penn Valley Phase V Plan recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 89, at Page 123, as follows, to wit: BEGINNING at a point on the northern right-of-way line of Redwood Drive (50' wide) at the dividing line between Phase 4 and Phase 5 of the Penn Valley Development; thence along the northern right-of-way lien of Redwood Drive South eighty degrees, fourteen minutes, forty-five seconds West (S 80° 14'45") a distance of fifteen feet (15.00') to a point; thence crossing Redwood Drive and along the western line of Phase 4 South nine degrees, forty-five minutes, fifteen seconds East (S 09°45' 15" E) a distance of four hun&ed seventy-six and four hundredths feet (476.04') to a point; thence along the northern line of Logans Run, Phase 3 South seventy-six degrees, thirty-four minutes, twenty-two seconds West (S 76°34'22'' W) a distance of eight hundred forty-one and sixty-four hundredth feet (841.64') to appoint; thence along the eastern line of lands now or formerly of Susan Magaro North thirty-three degrees, one minute, forty-five seconds West (N 33°01 '45" W) a distance of one thousand thirty-four and twelve hun&ed feet (1,034.12') to a point; thence continuing along the southern line of other lands now or formerly of Susan Magaro and lands now or formerly of Stanley N. Hutchison North eighty degrees, fourteen minutes, forty-five seconds East (N 80° 14'45" E) a distance of eight hundred eighty and two hundredth feet (880.02') to a point; thence along the western line of Phase 4 South forty-four degrees, ten minutes, twenty-eight seconds East (S 44°10'28" E) a distance of seventy-one and twenty-one hundredth feet (71.22') to a point; thence continuing along the same and along the right-of-way line of Sycamore Court by a curve, curving to the left having a radius of fifty feet (R=50.00') and an arc length of one hundred twenty-seven and four hundredth feet (AL=127.04') to a point; thence along the southern line of Phase 4 and the right-of-way line of Sycamore Court North eighty degrees, fourteen minutes, forty-five seconds East (N 80° 14'45" E) a distance of three hundred fifteen feet (315.00') to a point; thence along the western line of Phase 4 South nine degrees, forty-five minutes, fifteen seconds East (S 09°45'15" E) a distance of two hundred seventy feet (270.00') to a point on the northern right-of-way line of Redwood Drive being the place of BEGINNING. CONTAINING 21.044 acres. Fidelity National Title Insurance Company of New York Commitment THE SUBJECT PROPERTY IS BEING CONVEYED BY A PERIMETER BOUNDARY DESCRIPTION OF PHASE V, BUT THIS CONVEYANCE IS NOT INTENDED TO MERGE THE LOTS OR STREET RIGHTS-OF-WAY OR IN ANY OTHER MANNER NEGATE OR UNDO THE AFFECT OF THE PENN VALLEY PHASE V PLAN AND THE EXISTENCE OF THE PHASE V LOTS AND STREET RIGHTS-OF-WAY AS SEPARATELY SUBDIVIDED PARCELS. TRACT #2: ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern right-of-way line of Blue Spruce Drive (50' wide) at the dividing line between Lots No. 40 and No. 41 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 40 and 41 South 09 degrees 45 minutes 15 seconds East a distance of 100.00 feet to a point on the northern line of Lot No. 58; thence along the dividing line between Lots No. 39, No. 58 and No. 59 South 80 degrees 14 minutes 45 seconds West a distance of 80.00 feet to a point at the dividing line between Lots No. 39 and No. 40; thence along the dividing line between Lots No. 39 and No. 40 North 09 degrees 45 minutes 15 seconds West a distance of 100.00 feet to a point on the southern right-of-way line of Blue Spruce Drive; thence along the southern right-of-way line of Blue Spruce Drive North 80 degrees 14 minutes 45 seconds East a distance of 80.00 feet to a point, said point being the place of BEGINNING. BEING Lot No. 40 as shown on the Final Subdivision Plan of Penn Valley, Phase 1. Recorded in Plan Book 67, Page 20. CONTAINING 8,000.00 S.F. TRACT #3: ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on_the southern right-of-way line of Blue Spruce Drive (50' wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42 South 09 degrees 45 minutes 15 seconds East a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line between Lots No. 40, No. 57 and No. 58 South 80 degrees 14 minutes 45 seconds West a distance of 80.00 feet to a point at the dividing line between Lots No. 40 and 41; thence along the dividing line between Lots No. 40 and No. 41 North 09 degrees 45 minutes 15 seconds West a distance of 100.00 feet to a point on the southern right-of-way line of Blue Spruce Drive; thence along the southern right-of-way line of Blue Spruce Drive North 80 degrees 14 minutes 45 seconds East a distance of 80.00 feet to a point, said point being the place of BEGINNING. Fidelity National Title Insurance Company of New York Commitment BEING Lot No. 41 as shown on the Final Subdivision Plan of Penn Valley, Page 1. Recorded in Plan Book 67, Page 20. CONTAINING 8,000.00 S.F. TRACT #4: ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way line of Maplewood Lane (50' wide) at the dividing line between Lots No. 57 and No. 58 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 57 and No. 58 North 09 degrees 45 minutes 15 seconds West a distance of 100.00 feet to a point on the southern lien of Lot No. 41; thence along the dividing line between Lots No. 57, No. 41 and No. 42 North 80 degrees 14 minutes 45 seconds East a distance of 80.00 feet to a point at the dividing line between Lots No. 56 and No. 57; thence along the dividing line between Lots No. 56 and No. 57 South 09 degrees 45 minutes 15 seconds East a distance of 100.00 feet to a point on the northern right-of-way line of Maplewood Lane; thence along the northern right-of-way line of Maplewood Lane South 80 degrees 14 minutes 45 seconds West a distance of 80.00 feet to a point, said point being the place of BEGINNING. BEING Lot No. 57 as shown on the Final Subdivision Plan of Penn Valley, Phase 1. Recorded in Plan Book 67, Page 20. CONTAINING 8,000 S.F. TRACT #5: ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way line of Maplewood Lane (50' wide) at the dividing line between Lots No. 58 and No. 59 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 58 and No. 59 North 09 degrees 45 minutes 15 seconds West a distance of 100.00 feet to a point on the southern line of Lot No. 40; thence along the dividing line between Lots No. 58, No. 40 and No. 41 North 80 degrees 14 minutes 45 seconds East a distance of 105.00 feet to a point at the dividing line between Lots No. 57 and No. 58; thence along the dividing line between Lots No. 57 and No. 58 South 09 degrees 45 minutes 15 seconds East a distance of 100.00 feet to a point on the northern right-of-way line of Maplewood Lane; thence along the northern right-of-way line of Maplewood Lane South 80 degrees 14 minutes 45 seconds West a distance of 105.00 feet to a point, said point being the place of BEGINNING. Fidelity National Title Insurance Company of New York Commitment BEING Lot No. 58 as shown on the Final Subdivision Plan o Penn Valley, Phase 1. Recorded in Plan Book 67, Page 20. CONTAINING 10,500.00 S.F. TRACT #6: ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way line of Pagoda Court (50' wide) at the dividing line between Lots No. 26 and No. 27 as shown on the hereinafter mentioned plan; thence along the northern right-of-way line of Pagoda Court South 59 degrees 01 minute 52 seconds West a distance of 87.67 feet to a pint; thence by a curve, curving to the right having a radius of 25.00 feet and an arc length of 33.67 feet to a point on the northeastern right-of- way lien of Blue Spruce Drive (50' wide) at the dividing line between Lots No. 27 and No. 28; thence along the dividing line between Lots No. 27 and No. 28 North 02 degrees 58 minutes 00 seconds West a distance of 189.33 feet to a point on the southern line of lot No. 36, Plan No. 3 of Treemont; thence along the southern line of Lots No. 36 and No. 35 of Plan No. 3 of Treemont North 80 degrees 14 minutes 45 seconds East a distance of 90.03 feet to a point at the dividing line between Lots No. 26 and No. 27; thence along the dividing line between Lots No. 26 and No. 27 South 09 degrees 26 minutes 00 seconds East a distance of 165.59 feet to a point on the northern right-of-way line of Pagoda Court, said point being the place of BEGINNING. CONTAINING 18,651.05 S.F. BEING Lot No. 27 as shown on the Final Subdivision Plan of Penn Valley, Phase 4. Recorded in Plan Book 82, Page 67. TRACT #7: ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the northeastern right-of-way line of Blue Spruce Drive (50' wide) at the dividing line between Lots No. 27 and No. 28 as shown on the hereinafter mentioned plan; thence along the right-of-way line of Blue Spruce Drive by a curve, curving to the left in a northwesterly direction having a radius of 200.00 feet and an arc length of 130.28 feet to a point at the dividing line between Lots No. 28 and No. 29; thence along the dividing line between Lots No. 28 and No. 29 North 00 degrees 07 minutes 00 seconds East a distance of 112.13 feet to a point on the southern line of Lot No. 37 of Plan No. 3 of Treemont; thence along the southern line of Lots No. 37 and No. 36 of Plan No. 3 of Treemont North 80 degrees 14 minutes 45 seconds East a distance of 104.99 feet to a point Fidelity National Title Insurance Company of New York Commitment at the dividing line between Lots No. 27 and No. 28; thence along the dividing line between Lots No. 27 and No. 28 South 02 degrees 58 minutes 00 seconds East a distance of 189.33 feet to a point on the northeastern right-of-way line of Blue Spruce Drive, said point being the place of BEGINNING. CONTAINING 15,337.13 S.F. BEING Lot No. 28 as shown on the Final Subdivision Plan of Penn Valley, Phase 4. Recorded in Plan Book 82, Page 67. UNDER AND SUBJECT, NEVERTHELESS, to all building restrictions, zoning regulations, easements, rights-of-way, reservations and restrictions, either of record or visible on the property herein conveyed, and subject to all rights of and ownership in public roads, streets and highways, whether or not opened. BEING THE SAME premises which Logan's Run Associates, a Pennsylvania General Partnership, by its deed dated the day of November, 2004 and to be recorded simultaneously herewith, granted and conveyed unto DJH Penn Valley Associates Limited Parmership, a Pennsylvania Limited Partnership, MORTGAGOR herein.