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HomeMy WebLinkAbout05-0141 STIPULATION AGAINST LIENS IN THE COURT OF COMMON PLEAS Owner LFGC, INC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs .{.l () 5 ~ (V{ MLD Subcontractor Schell Construction & Home Improvements: Defendant No. TERM, WHEREAS, LFGC, Inc., The Pennsylvania Center, P. O. Box 1229, Camp Hill, PA 17001-1229, is about to execute contemporaneously herewith a contract with the above identified Subcontractor of 178 Shetland Drive, Hummelstown, Pennsylvania 17036, for work and/or materials and lor equipment related to the installation of Electrical Service ofthe Practice Range Accessory Building (hereinafter called "Facility") upon a lot ofland situated in the Townships of Lower Allen and Upper Allen, County of Cumberland, State of Pennsylvania, described set forth in Exhibit A, attached hereto: NOW, Januarv 5. ,2005 , at the time of and immediately before the execution of the contract, and before any authority has been given by the said Owner to the said Subcontractor to commence work on the said Facility, or purchase materials for the same and in consideration of the making of the said contract with Owner and the further consideration of One ($1) Dollar, to Subcontractor paid by Owner, it is agreed that no lien shall be filed against the land, building, improvements, or the estate or title of Owner by the Subcontractor, nor by any labor or materials men or workmen or any other person for any labor or materials purchased, or extra labor or materials purchased for the erection, construction, alteration or repair of said improvements, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. ( :/ Owner ~) LFGC, Inc. By . dVi/_~~--, Subc tractor Schell Construction & Home Improvement By 1\.., "-'--' k. Scl..I9J ~. 6 EXHIBIT A DEED THIS DEED, made this _ 23rd _ day of September, 2002, between LFGC, Inc., a corporation duly organized and existing under and by the laws of the Commonwealth of Pennsylvania, with offices located in Camp Hill, Pennsylvania, Lower Allen Township, Cumberland County, hereinafter called GRANTOR AND LFGC, Inc., a corporation duly organized and existing under and by the laws ofthe Commonwealth of Pennsylvania, with offices located in Camp Hill, Pennsylvania, Lower Allen Township, Cumberland County, hereinafter called GRANTEE TRANSFER IS EXEMPT FROM TRANSFER TAX. CONFIRMATORY DEED TO COMBINE PREVIOUS DEED RECORDED IN BOOK 250, PAGES 4959-4961, DATED MARCH 28, 2002 AND PREVIOUS DEED RECORDED IN BOOK 227, PAGES 540-547, DATED AUGUST 17, 2000. WITNESSETH, that GRANTOR for and in consideration of the sum of one dollar ($1.00) and for other good and valuable consideration in hand paid, the receipt whereof is hereby acknowledged, do hereby grant and convey to the said GRANTEE, its heirs and assigns, the following described real estate, to wit: ALL THAT CERTAIN tract or parcel of land situate in the Townships of Lower and Upper Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point in the centerline of Lisburn Road S.R. 2017 at the dividing line between the herein described tract and lands now or formerly of Jonathan Vipond III and Tim E. Bunner; thence along the centerline of Lisburn Road S.R. 2017 South 360 31' 00" East a distance of 65.06' feet to a point; thence along lands now or late of Janet L. Gunn the following seven (7) courses: 1) South 550 54' 00" West a distance of 409.34' feet to a point; 2) South 550 02' 00" West a distance of 45.31' feet to a point; 3) South 720 24' 00" West a distance of 215.70' feet to a point; 1) South 260 57' 00" East a distance of 300.00' feet to a point; 2) North 460 00' 20" East a distance of 295.79' feet to a point; 3) South 35000' 00" East a distance of 175.00' feet to a point; 4) North 540 16' 40" East a distance of 436.96' to a point in the centerline of Lisburn Road SR. 2017; thence along the centerline of Lisburn Road S.R. 2017 South 390 45' 47" East a distance of 102.79' feet to a point at the centerline intersection of Lisburn Road S.R. 2017 and Forge Road S.R. 2019; thence along the centerline of Forge Road S.R. 2019 North 41027' 25" East a distance of 306.00' feet to a point; thence leaving Forge Road S.R. 2019 and along the southwestern bank of the Yellow Breeches Creek South 500 10' 37" East a distance of 209.51' feet to a point; thence continuing along the same South 31053' 37" East a distance of 158.00' feet to a point; thence continuing along the same South 57" 43' 37" East a distance of 553.00' feet to a point; thence continuing along the same South 480 58' 37" East a distance of 531.00' feet to a point at the dividing line between the herein described tract and lands now or formerly of Lower Allen Township; thence along the dividing line between the herein described tract and said lands of Lower Allen Township South 090 11' 23" West a distance of 804.80' feet to a point in the centerline of Lisburn Road S.R. 2017; thence along the centerline of Lisburn Road S.R. 2017 by a curve, curving to the left in a northwesterly direction having a radius of 400.00' feet and an arc length of 201.93' feet to a point; thence continuing along the same by a curve, curving to the left in a northwesterly direction having a radius of 1,552.00' feet and an arc length of 135.44' feet to a point; thence continuing along the same North 460 00' 00" West a distance of 242.22' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 1,359.45' feet and an arc length of 96.28' feet to a point at the dividing line between the herein described tract and land now or formerly of Larry B. Shoop; thence along said dividing line South 400 38' 03" West a distance of 731.79' feet to a point at lands now or formerly of Penn Valley Corporation and being known as the Allen Estates Development; thence along the dividing line between the herein described tract and said lands now or formerly of Penn Valley Corporation and also lands now or formerly of Henry Lenker North 820 51' 57" West a distance of 2,454.79' feet to a point at lands now or formerly of Doris J. Hoffman; thence along the dividing line between the herein described tract and said of Doris J. Hoffman and also lands now or formerly of Jay and Janet L. Shoop North 420 00' 53" West a distance of 299.66' feet to a point; thence along the dividing line between the herein described tract and lands now or formerly of Nae L. Park being the preliminary plan of Placid Hill Development North 330 33' 11" East a distance of 892.84' feet to a point; thence continuing along the same North 690 00' 01" East a distance of 762.36' feet to a point; thence along the dividing line between the herein described tract and lands now or formerly of Douglas K. Sanderson North 67" 33' 44" East a distance of 249.83' feet to a point; thence along the dividing line between the herein described tract and lands now or formerly of Jonathan Vipond III and Tim E. Bunner North 67" 08' 56" East a distance of 342.10' feet to a point; thence continuing along the same North 550 54' 00" East a distance of 306.59' feet to a point in the centerline of Lisburn Road S.R. 2017, said point being the place of BEGINNING. Containing 96.3251 Acres. UNDER AND SUBJECT to: 1. Rights granted to Pennsylvania Power & Light Company as recorded in Misc. Book 131, page 505, Misc. Book 139, page 341 and Misc. Book 215, page 248; 2. Rights granted to Pennsylvania Power & Light Company as recorded in Misc. Book 187, page 521; 3. Lower Allen Township Authority Deed of Easement and Right-of-Way as recorded in Book 683, Page 2858; 4. Deed of Right-of-Way recorded in Book 225, page 46; 5. Deed of Easement and Right-of-Way to Lower Allen Township Authority as recorded in Misc. Book 485, page 944; 6. Pennsylvania Department of Transportation right-of-way within Lisburn Road S.R. 2017 and Forge Road S.R. 2019; 7. Thirty (30) foot drainage easement as shown on plan recorded in Plan Book 25, page 152; 8. Subject to any rights of way, easements, restrictions, conditions, building setback lines, notes and matters set forth on the plan of Marlin E. Emlet, recorded in Plan Book 25, page 152; 9. Subject to Declaration of Taking filed in Misc. Book 486, page 149 and Book 488, page 642; 10. Possible rights of Bell Telephone Company of PA filed in Misc. Book 179, page 471; 11. Subject to riparian rights of others in Yellow Breeches Creek; 12. Any other mortgages, liens, reservations, easements and rights-of-way of record and applicable restrictions. Being Tracts 1, 2, 3 and 4 as shown on the Final Subdivision and Land Development Plan for Liberty Forge Golf Course (LFGC Inc.), Recorded in Cumberland County, PA Plan Book 85, Page 138. AND the said GRANTOR hereby covenants and agrees that it will warrant specially the property hereby conveyed. r:::;,---" ~\ --. ':B t-> o -c) t~ - - i../\ 6: ~ t;~~ .oJ' (- -~ -;:;J" .- \ -l i " :;.\ -<. o -~\ ~-n f11 c: --n\\~, '~,L\ t'1~ '~1~S;~\ (.~~.~ , ) ~: , ~- -' .- -- r-' 0'" "'~1 '.L