HomeMy WebLinkAbout05-0684
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CLASSIC COMMUNITIES CORPORATION,)
Contractor )
)
)
)
)
)
)
and
Mechanics' Lien Docket
WEST HAMPDEN LIMITED
PARTNERSHIP,
Owner
No. Dr - ~P'-/ fht..J) 't~.,..,
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 West Hampden Limited Partnership ("Owner") in which the
Contractor has agreed to provide certain labor and materials in the construction of a residential
development in Hampden Township, Cumberland County, Pennsylvania, known as "Silver Creek at
Hampden", upon the following tract of land of the Owner:
See attached Exhibit A for a 10.65 acre tract of land comprising Lots 1 and 4 of
Silver Creek at Hampden, 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 jury trial in
any action to strike 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 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 filed 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 3rO day of
February, 2005.
CONTRACTOR:
CLASSIC COMMUNITIES CORPORATION
y:
(2
James A. Halbert, President
(SEAL)
. Halbert, Secretary
OWNER:
WEST HAMPDEN LIMITED PARTNERSHIP
Attest:
By:
West Hampden, Inc.
a Penns~vania corporation,
its sole general partner
2~~y:
E. Halbert, Secretary
Cl...
James A. Halbert, President
(SEAL)
{A613102:)
Exhibit A
ALL THOSE CERTAIN two (2) tracts or parcels of land situated in Hampden Township,
Cumberland County, Pennsylvania, lying on the northerly side of North Salem Church Road and
lying approximately between Mercury Drive and formerly Jaguar Drive, being more particularly
described as follows:
TRACT NO.1
BEGINNING at an iron pin on the northern right-of-way line of Mercury Drive at the common
property comer with other lands of l.B. Smith, Inc. and being on the eastenline of lot 41-A of
Silver Creek Commerce Park (P.B. 83, PG. 2X Thence along said line, North 18 degrees 57
minutes 19 seconds West a distance of 439.44 feet to the southem right-of-way line of lamb's
Gap Road; thence along said southem right-of-way line, North 62 degrees 16 minutes 53
seconds East a distance of 125.64 feet to an iron pin at the common property comer of L.B.
Smith, Inc. and lands nowor formerly of Hampden Township Sewer Authority (D.B. 216, Pg. 149
and D.B. 33-Y, Pg. 199); thence along the division line between lands of l.B. Smith, Inc. and
lands now or formerly of Hampden Township Sewer Authority the following three (3) courses and
distance:
1. North 69 degrees 53 minutes 49 seconds East a distance of250.11 feet to a iron pin,
2. North 74 degrees 36 minutes 45 seconds East a distance of109.33 feet to a iron pin,
3. North 15 degrees 23 minutes 15 seconds West a distance of 149.56 feet to a iron pin in the
southern bank of the Conodoguinet Creek;
Thence along the southem bank of the Conodoguinet Creek, North 61 degrees 11 minutes 45
seconds East a distance of 185.09 feet; thence through the lands of Grantor South 10 degrees
15 minutes 00 seconds East a distance of478.01 feet; thence continuing through the lands of
Grantor along what is to be the northern right-of-way line of Mercury Drive the following five (5)
courses and distance:
1. by a curve to the left having a radius of 200.00 feet, an arc length of 152.08 feet, (a chord
bearing South 57 degrees 58 minutes 00 seconds West a distance of 148.44 feet),
2. South 36 degrees 11 minutes 00 seconds West a distance of 100.61 feet,
3. by a curve to the right having a radius of 400.00 feet, an arc length of 209.35 feet, (a chord
bearing South 51 degrees 10 minutes 35 seconds West a distance of 206.97 feet),
4. by a curve to the right having a radius of 2475.00 feet, an arc length of 181.14 feet, (a chord
bearing South 68 degrees 16 minutes 05 seconds West a distance of 181.10 feet),
5. North 18 degrees 57 minutes 19 seconds West a distance of 5.00 feet to the point of
beginning.
CONTAINING: 6.29 Acres.
BEING lot No.1 as shown on plan entitled, "Final Subdivision Plan and Phase 1 land
Development Plan, Silver Creek at Hampden, Hampden Township, Cumberland County,
Pennsylvania" by ALPHA Consulting Engineers, Inc, dated May 20, 2004 and last revised
December 10, 2004, recorded February 2,2005 in the Office of the R,ecorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book '\ 0 ,Page 5 (j .
{A613102:}
TRACT NO.2
BEGINNING at an iron pin with cap at the common property corner of Grantor and lands now or
formerly ofTeam Rahal of Mechanicsburg, Inc. (D.B. 190, PG. 85); Thence along the division
line of L.B. Smith, Inc. and lands nowor formerly of Team Rahal of Mechanicsburg, Inc., South
89 degrees 12 minutes 55 seconds West a distance of 419.17 feet to the eastem right-of-way
line of formerly Jaguar Drive; thence through the lands of L.B. Smith, Inc. along v.nat is to be the
eastem right-of-way line of Mercury Drive the following six (6) courses and distance:
1. by a curve to the right having a radius of 42.00 feet, an arc length of 22.54 feet, (a chord
bearing North 10 degrees 06 minutes 05 seconds East a distance of22.27 feet),
2. by a curve to the left having a radius of 675.00 feet, an arc length of 247.49 feet, (a chord
bearing North 14 degrees 58 minutes 15 seconds East a distance of246.11 feet) the first
two segments being the eastem right-of-way line of formerly Jaguar Drive,
3. North 04 degrees 28 minutes 00 seconds East a distance of100.00 feet,
4. by a curve to the right having a radius of 500.00 feet, an arc length of 118.10 feet, (a chord
bearing North 11 degrees 14 minutes 00 seconds East a distance of 117.83 feet),
5. North 18 degrees 00 minutes 00 seconds East a distance of100.00 feet,
6. by a curve to the left having a radius of 450.00 feet, an arc length of 158.20 feet, (a chord
bearing North 07 degrees 55 minutes 45 seconds East a distance of157.39 feet);
Thence continuing through the lands of Grantor North 87 degrees 51 minutes 30 seconds East a
distance of 120.23 feet to an iron pin at the common property corner of Grantor and Hampden
Court (P.B. 74, PG. 1); thence along the dillision line between the lands of Grantor and
Hampden Court, South 11 degrees 33 minutes 15 seconds East a distance of 739 .67 feet to the
point of beginning.
CONTAINING: 4.36 Acres.
BEING Lot NO.4 as shown on plan entitled, "Final Subdivision Plan and Phase 1 Land
Development Plan, Silver Creek at Hampden, Hampden Township, Cumberland County,
Pennsylvania" by ALPHA Consulting Engineers, Inc, dated May 20, 2004 and last revised
December 10, 2004, recorded February 2, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book C\ 0 ,Page SO.
BEING THE SAME premises which Silver Creek Development com\any Limited Partnership, a
Pennsylvania Limited Partnership, as agent, by its deed dated the ;~ day of February, 2005
and to be recorded simultaneously herewith, granted and conveyed unto West Hampden Limited
Partnership, a Pennsylvania Limited Partnership, as principal, MORTGAGOR herein.
{A613102:}