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HomeMy WebLinkAbout05-4033 STIPULATION AGAINST LIENS P AMA Y DEVELOPMENT CO., INC, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ams-- <;033 /'f1L~ TERM 2005 CLAYPOOL III-TIDAY, LLC, As Joint Venturer JOHN W. GLEIM, JR., INC" Contractor WHEREAS, Pamay Development Co., Inc., a Pennsylvania corporation, is the owner of the Property identified below and has entered into a joint venture agreement with Claypool III- Tiday, LLC, a Pennsylvania limited liability company ("Claypool"), for the development of the Property. In connection with the joint venture, Claypool executed a contract, entitled "Standard Form of Agreement", being dated on or about June 7, 2005 (the "Contract"), with John W. Gleim, Jr., Inc" Contractor, of 625 Hamilton Street, Carlisle, P A 17013, for the installation of underground utilities, curbing, paving and other site work/development for that real property commonly known as Meadowbrook Farms, Phase IV, in Middlesex Township, Cumberland County, Pennsylvania, and more fully described on Exhibit A attached hereto and made a part hereof (the "Property"). NOW, this 'IT'" day of A...!) IA,r 1- , 2005, before any authority has been given by the said Owner or Claypool to the said Contractor to commence work on the said Property or to purchase materials for the same, in consideration of the making of the said Contract with Contractor and the further consideration of one dollar to Contractor paid by Owner or Claypool, it is agreed that no lien shall be filed against the Property by the Contractor, or any subcontractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the installation of the underground utilities, curbing, paving and other site work/development on the Property, the right to file such liens being expressly waived. 572731.1 This Stipulation against Liens may be executed in counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. WITNESS, our hand and seal the day and year aforesaid. Signed, Sealed and Delivered Pamay Development Co., Inc., Owner in the Presence of "~ () C~,~P-{:};~ ~,;", C'I::Z;~~"~ Title: (? rr ~ ce-d6 ,i-P&~vrr~ d Claypool I1I-Tiday, LLC, Joint Venturer BY:~"~ N,ame: '" "if c..1"i'fM' I m= Title: It. ,\,v.,- By: Name: Title: EXHIBIT A PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situated in Middlesex Township, Cumberland County, P A, being Phase IV, as shown on a plan entitled, "Meadowbrook Fanus, Final Subdivision Plan, Phase IV," dated September 24,2004, by PennTerra Engineering, Inc., State College, PA being bounded and described as follows: BEGINNING at an iron pin, lying in an easterly line of Future Phase 6 and being a southerly comer of Existing Phase 3; thence along said Phase N23018'42"E, 49,67 feet to an iron pin; thence continuing along said Phase (Lot No, 97), S58042'27"E, 195.47 feet to an iron pin, being a southerly comer of said lot and lying in a westerly RfW line of Fannhouse Lane; thence along said RfW, along a curve to the left, having a chord bearing of S29054'29"W, a chord distance of 13.29 feet, a radius of275,OO feet and an arc length of 13.29 feet to an iron pin; thence traversing through said R/W S6I028"35"E, 50.00 feet to an iron pin, lying in an easterly line of said R/W and being a westerly comer of Lot No. 119; thence along said lot S53030'18"E, 107,50 feet to an iron pin, being a southerly comer of said lot and a westerly comer of Future Phase 8; thence along Future Phase 8 the following bearings and distances: SI0023'26"E, 136,04 feet to an iron pin; thence S22039'06"E, 148,61 feet to an iron pin; thence S45016'09"E, 174.00 feet to an iron pin; thence S25051'10" E, 184.26 feet to an iron pin; thence S02007'50" W, 215,74 feet to an iron pin; thence S 10048'55"E, 276.11 feet to an iron pin, being a southwesterly comer of said phase and lying in a northerly line of tract residue. Thence along said lands Sn035'34"W, 338.65 feet to an iron pin; thence N47003'42"W, 278,97 feet to an iron pin; thence continuing along said lands N62036'52"W, 58,80 feet to an iron pin, being a northerly comer of said lands and lying in an easterly line of Future Phase 5; thence along said lands N030I0'59"W, I 087.20 feet to an iron pin, being the place of Beginning, CONTAINING 12.434 acres. BEING PART OF THE SAME premises which Mary Verdelli and Ceasar Verdelli by their Deed dated January 4, 1989 and recorded January 5, 1989, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book T-33, page 296 granted and conveyed unto Pamay Development Co., Inc., a Pennsylvania corporation, BEING PARCEL NUMBER: Part of21-06-0019-001 70 ~ c- ....I ~ ..c. r::, I' ~ "-.) L .~ --r - J\ I ----u 9- . C> ~ ~ ";t-" -r" f:P ""'(" \~'"5) ~rf^" th~r;. ~I"':; ~ ('"; V- '%c " yL ~ 3. ~ q. '@. :f. ~ i"'~ ;.:> ~'O \ 06 cP'i"'<~' ..., n ~ % <.i1 9- " ~ '" ::;::. .p ~