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Home My WebLink About05-0296 O~- "d.9fo rnij) y~ STIPULATION AGAINST LIENS THISAGREEMENTmadethe \~V> day of ~\\\\.<:..~. 2005,byandbetweenYingst Homes, Inc., a Pennsylvania corporation, hereinafter referred to as Contractor, and Fishing Creek Valley Associates, L.P., hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct certain infrastructure, residential dwellings, and other improvements on those two certain tracts or parcels of ground situate in Hampden Township, Cumberland County, Pennsylvania, locally known as 1555 Good Hope Road and 1565 Good Hope Road, respectively, and together being generally bounded by Good Hope Road, Interstate Highway 81, and Jerusalem Road, and being the same property acquired by Deeds recorded February 24, 2003, in Cumberland County Book 255, Page 4245, and October 6, 2003, in Cumberland County Book 259, Page 3673, Cumberland County Recorder of Deeds, more fully described in Exhibits "A" and "B" attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right oflien, shall be an independent covenant. WITNESS our hands and seals this \ ,?>">A day of ~C\"\~Clf ~05. Signed, Sealed and Delivered in the presence of ATTEST: OWNER ~f'~ Fishing Creek Valley Associates, L.P. a Pennsylvania limited partnership ~~~~L By: Richard . Yingst, Jf(, President ofREY, INe., its sole general partner CONTRACTOR ~ffrD fl d YINGST HOMES, INC., aPenns~vaniacoqmration l2~f By: Richard E ATTEST: 2 COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this \'2:>\1, day of ~~\ ~ I ~ ' 2005, before me, the undersigned officer, personally appeared Richard E. Yingst, Jr., who ac dwledged himself to be the President of REY, Inc., a Pennsylvania corporation, which corporation is the sole General Partner of Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership, and that he as such officer, authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as said officer in the corporation's capacity as the sole General Partner of, and as authorized by, the Partnership. In witness whereof, I hereunto set my hand and official seal. NOTARIAL SEAL FRANK A. ZELKO, NOTARY PUBLIC SWATARA TWP., COUNTY OF DAUPHIN Wi'! COMMISSION EXPIRES JULY 1, 2006 ?Av~a~ Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF DAUPHIN On this \~'I!> day of -:\O.\,\\)()j~005, before me, the undersigned officer, personally appeared Richard E. Yingst, Jr., who ac wledged hImself to be the PresIdent ofYmgst Homes, Inc., a Pennsylvania corporation, and that he as such officer is authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as said officer. In witness whereof, I hereunto set my hand and official seal. NOTARIAL SEAL FRANK A. ZELKO, NOTARY PUBLIC SWATARA TWP" COUNTY OF DAUPHIN Wi'! COMMISSION EXPIRES JULY 1, 2006 ?/Z-d~La~ Notary Public My Commission Expires: 3 EXHIBIT "A" ALL THAT CERTAIN tract of land in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin in the center of a public road leading to Good Hope Mills and leading to the Wertzville Road; thence along a private lane, north 57 degrees 26 minutes west; three hundred ninety-seven and fifty-four hundredths (397.54) feet to an iron pin; thence continuing along said private lane, north 70 degrees 29 minutes west, one hundred twenty-two and forty-hundredths (122.40) feet to an iron pin at line ofland now or formerly of Albert A. Watts, Jr., and Deloris V. Watts, his wife; thence along said last mentioned land, north 5 degrees 45 minutes west, two hundred twenty-two and seventy-hundredths (222.70) feet to an iron pin at other land of Albert A. Watts, Jr., and Deloris V. Watts, his wife; thence along said last mentioned land, north 75 degrees I minute east, four hundred twenty-eight and twenty- four-hundredths (428.24) feet to an iron pin in the center of the aforesaid public road leading to Good Hope Mills and to the Wertzville Road; thence along the center line of said public road, south 5 degrees 45 minutes east, five hundred ninety and twelve- hundredths (590.12) feet to an iron pin, the place of BEGINNING. CONTAINING three and eighty-two-hundredths (3.82) acres, in accordance with survey made by G.W. Walter, Registered Engineer and Surveyor, dated May 28,1958. HAVING THEREON ERECTED a one story ranch cement block dwelling house and barn. EXCEPTING THEREFROM ALL THAT CERTAIN parcel of real estate, conveyed to the Commonwealth of Pennsylvania, by virtue of Deed dated June 19, 1970 and recorded in Cumberland County Deed Book S, Volume 23, and Page 300. BEING PART OF THE SAME PREMISES which William T. Lehmer and Pearl E. Lehmer, husband and wife, by Deed dated February 19,2003, recorded February 24,2003, in Book 255, Page 4245, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, conveyed unto Fishing Creek Valley Associates, L.P. 4 .. EXHIBIT "B" ALL THAT CERTAIN tract ofland, together with the improvements thereon erected, situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described according to a survey of Ernest J. Walker, Professional Engineer, dated November 6, 1966, as follows to wit: BEGINNING at a point in the center line of a public road known as the Good Hope Mill Road (L.R. 21039), at corner ofland now or late of Thomas Senseman; thence along the line of said land now or late of Thomas Senseman, South 71 degrees 15 minutes West, 2310 feet, more or less, to a point in the public township road (T-600); thence along the center line of said road, North 47 degrees 45 minutes West, 701.25 feet to a point; thence continuing along the center line of said Township Road, North 16 degrees 45 minutes East, 1057 feet, more or less, to an iron pin; thence along the line of other land now or late of the Albert A. Watts heirs, of which this is a part, North 83 degrees 24 minutes East, 1244.70 feet to an iron pin; thence by the same, North 75 degrees 48 minutes East, 609.74 feet to an iron pin in the line ofland now or late of Albert A. Watts, Jr.; thence along the line of said last mentioned lands, South 5 degrees 45 minutes East, 510.61 feet to an iron pin; thence by the same, South 70 degrees 29 minutes East, 122.40 feet to an iron pin; thence still by the same, South 57 degrees 26 minutes East, 397.54 feet to an iron pin in the center line of the public road known as the Good Hope Mill Road (L.R. 21039), aforesaid; thence along the center line of said public road, South 5 degrees 45 minutes East, 246.30 feet to the point and place of BEGINNING. CONTAINING 66.5 acres, more or less. EXCEPTING that condemnation to Commonwealth of Pennsylvania, Department of Highways as set forth in Record Book S-23, Page 300. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, reservations, easements, agreements, and rights-of-way of record. BEING PART OF THE SAME PREMISES which Gladys M. Watts by Deed dated September 3, 2003, recorded October 6,2003, in Book 259, Page 3673, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, conveyed unto Fishing Creek Valley Associates, L.P. 5 -p 11- ...... lrt ~ ~ ---- ~ --- I() \) \> -<6 r -;:f:: ~- ~ -I-- ~ t:; t:!. (:;e ,-" c::? % <.-- -.- / ".,.,., -- -- q .-\ ,( ....,. t\\ f::~ ~,~ :.?!i;?, . ,~. ..-,-' "1 \:-'~: <' ','(l ~-\ :~:~~ ...g o 0'