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HomeMy WebLinkAbout06-1171 I " STIPULATION AGAINST LIENS CLAYPOOL III-TIDAY, LLC, As Joint Venturer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ok. - /17/ /I1/.---0 ~ TERM 200/.,. - P AMA Y DEVELOPMENT CO., INC, Owner 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 ajoint venture agreement with Claypool Ill- 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 November IS, 2005 (the "Contract"), with John W. Gleim, Jr., Inc., Contractor, of625 Hamilton Street, Carlisle, PA 17013, for the installation of underground utilities, curbing, paving and other site work/development for that real property commonly known as Meadowbrook Farms, Phase V, in North Middleton Township, Cumberland County, Pennsylvania, and more fully described on Exhibit A attached hereto and made a part hereof (the "Property"). NOW, this JLi day of r; hn.l o"{" , 2006, 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. 5R7139_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 in the Presence of Y'/J.h'lY\ m !3idQ)// t Co., Inc., Owner Y'UJ /1<\1 OU/J-- YY7 ~U cu.-1v1 CI"YPOO~' .10;01 Yoo""" By:/: Name: .' . VlPc<;,/m:c Title: IJ.rtVl~r- ' John W. Gleim, Jr., Inc., Contractor B?~A<-?~ Name: ?oc#'~ ~ V:J JM Title: . J//C/f' fi. j,L)c/0/ t ~ ALL THAT CERTAIN tract ofland situated in North Middleton Township, Cumberland County, PA, being Meadowbrook Phase V, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivison Plan, Phase V," dated June 20, 2005, by PennTerra Engineering, Inc., State College, P A, being bounded and described as follows: BEGINNING at an iron pin, being an easterly comer of Existing Phase 4, and lying in a northerly line of lands owned now or formerly by Kerchner (Tax Parcel 39-6-19-14; DB 32-C/512); thence along said lands N 60049'41" W, a distance of 532.71 feet to an iron pin, being a westerly comer of said lands, and lying in an easterly line of lands owned now or formerly by Robert C. Magee, et ux (Tax Parcel 29-15-1251-11; DB 27-Q/433); thence along said lands, lands owned nor or formerly by Robert C. Magee, et us (Tax Parcel 29- 15-1251-4IA; DB 14-FIl19) and lands owned now or formerly byRonald L. and Delores J. Brehm (Tax Parcel 29-15-1251-41; DB 28-S/41), N 03010'59" W, a distance of 742.05 feet to an iron pin, lying in an eastern line of Brehm lands, and a southerly comer of Future Phase 6; thence along said phase N 86049'01" E, a distance of 20 1.17 feet to an iron pin; thence continuing along said lands, S 77047'49" E, a distance of 51.15 feet to an-iron pin; thence continuing along said lands, N 86049'0 I" E, a distance of 199.52 feetto an iron pin, being a southerly comer of said lands, and lying along a westerly line of Existing Phase 4; thence along said lands, S 03010'59" E, a distance of 1013.56 feet to an iron pin, being the point of Beginning. CONTAINING 9.069 acres. BEING PART OF THE SAME premises which Mary Verdelli by her 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: 21-06-0019-001 (....'" (:) ~ '.n' , ",...\ .~".~. N \ \rt '. ....~> \L \) \ \) -- -eJ -',", - - ~ 'N - r :'.,",: ..t: \JJ .- --tl 1:: -~':"" f r.j -J::: -l --- ~ f f S+ ~ r--- ~ \) f.,