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HomeMy WebLinkAbout06-0905 . . \..... .,. DJH Penn Valley Associates Limited Partnership ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Owners ) v. ) Wheatland Custom Homes, Inc., a Pennsylvania Corporation Contractor ) f'I\,--b NO. 0(,. C;OS ~L: 1...-.. ) STIPULATION AGAINST LIENS WHEREAS, DJH Penn Valley Associates Limited Partnership, of Pennsylvania, is about to execute contemporaneously herewith, a contract with Wheatland Custom Homes, Inc., a Pennsylvania Corporation of Lancaster County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THAT CERTAIN tract or parcel ofland situate in East Pennsboro Township, Cumberland County, Pennsylvania, in accordance with a Final Subdivision Plan of Penn Valley Phase V as prepared by Hartman and Associates, and recorded in the Office of the Recorder of Deeds of and for the County of Cumberland, Commonwealth of Pennsylvania in Plan Book 89, Page 123, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Larch Lane (a fifty foot right-of-way), said point being located the following four (4) courses from the terminus of a curve connecting said right-of-way with the northern right-of-way line of Redwood Drive (a fifty foot right-of-way) I) North thirty-two degrees, forty-seven minutes, twelve seconds West, a distance of eighty-nine and eighty-eight hundredth feet; 2) by a curve to the right, having a radius of two hundred fifty feet and an arc distance of one hundred and fifty hundredth feet to a point; 3) North nine degrees, forty-five minutes, fifteen seconds West, a distance of one hundred thirty-four and sixty-four hundredth feet to a point; 4) by a curve to the left having a radius of fifty feet and an arc distance of seventy-eight and fifty-four hundredth feet to a point; thence from said point of Beginning by the western right-of-way line of Larch Lane, by a curve to the left, having a radius of fifty feet and an arc length of one hundred ten and seventy -one hundredth feet to a point; thence by Lot No. 93 South eighty degrees, fourteen minutes, forty-five seconds West a distance of one hundred fifty-six and seventeen hundredth feet to a point; thence by land now or late of Susan Magaro North thirty-three degrees, one minute, forty-five seconds West, a distance of ninety-seven -';. ...... and ninety-seven hundredth feet to a point; thence by other land now or late of Susan Magaro North eighty degrees, fourteen minutes, forty-five seconds East, a distance of two hundred thirty-four and eighty-eight hundredth feet to a point; thence by Lot No. 91 said line being the centerline of a fifty foot future access easement South nine degrees, forty-five minutes, fifteen seconds East, a distance often feet to a point on the eastern right-of-way line of Larch Lane, the Place of BEGINNING. CONTAINING 16,029.1 I square feet or 0.367 acres. BEING Lot No. 92 as shown on the Final Subdivision Plan of Penn Valley, Phase V. Recorded in Plan Book 89, Page 123. UNDER AND SUBJECT to fifty foot future access easement as shown on the above mentioned plan. BEING PART OF THE SAME premises which Logan's Run Associates, a Pennsylvania General Partnership, by its deed dated November 5, 2004 and recorded November 9, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 266, Page 769, granted and conveyed unto DJH Penn Valley Associates Limited Partnership, a Pennsylvania Limited Partnership, GRANTOR herein. c l"' r &'r"-'" (' <-, NOW, the <s day of.JaHtl~ , 20b6, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said DJH Penn Valley Associates Limited Partnership to the said Wheatland Custom Homes, Inc., a Pennsylvania Corporation to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Wheatland Custom Homes, Inc., a Pennsylvania Corporation and the further consideration of One Dollar, to Wheatland Custom Homes, Inc., a Pennsylvania Corporation paid by DJH Penn Valley Associates Limited Partnership it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by - 2 - # 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 erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNER: DJH Penn Valley Associates Limited Partnership By: DJH Penn Valley Associates, Inc., a Pennsylvania Corporation, its sole general partner ~/ By: Dougla;>' . Halbert, Vice President ;; CONTRACTOR: I;IY: L/ - 3 - rf -:> ,,- .c. <::: G -:J -' c:- -'" .J.. ,~ ('- .. ~r, ~, ~ -~.\ f-l I~ - , ';\), \ ,--,2 ~0 -" vJ f.. ~ ,0 -1"\ ----) C.'I L") -,;_:;1 i:' en t..J'"