HomeMy WebLinkAbout06-3754
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Stipulations Against Uens
Rine Land Development ,Inc., a
Pennsylvania corporation
In the Court of Common Pleas County of
o..ner
Cumberland
, Pennsylvania
Docket Number LG - ~ 7scf A.,tt..-f:) Term 2006
Rine & Rine Builders, Inc"
Contractor
Page Number
Whereas, Rine & Rine Builders, Inc., CCgptract<?r") of 0 17 Z<;7
1'1 I"(\('f~u 1At.. vh,~~, (A has entered into a
contract wnh Ri7e !-and Develol!ment, 11)l:., a Pennsylvania corporlltion C'OWner'? of
I fl~ ~t.t t\.(. ~" tA 'A '-I Z. S" for the erection or
construction of upon the lot of
ground known as Lots 4,5,6, ,and 8, Imberland Estates - Phase I, Township of Southampton, Cumberland County,
PENNSYLVANIA described in ExhiM "A" hereof, of which Rine Land Development, a Pennsylvania corporation is the tnle
holder of record; and
Whereas, n is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereon shall be subject to a lien for debts due OWner to Contractor or by Contractor to any subcontractor for labor
or materials fumished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to n in hand paid by the
OWner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any pari
hereof, orthe curlilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials fumished and work and labor done.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effective wnh respect to work done and materials fumished under any supplemental contract for extra work in the erection,
construction and completion of the building as well as to any work and labor done and materials fumished under the
contract aforesaid.
And, in order to give the OWner full power and authority to protect OWner and the building, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attomey of any Courtof Common Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attomey for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
or materialman, or in the name of anyone or more of them against the building, improvements, lot of ground or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibn ofthe authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and qun claim all rights and all manner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
IJIJItness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
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Rine Land Development, Inc., (owner)
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By: O(rl,v b, t< II'] L Pro I ~,y7 t-
Rine & Rine Builders, Inc., (contractor)
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By: Df:I((lIV 6, (2.\()f.. pres, r/e.</1/
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T'SS26C-OOCf:)
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File No. C30-245
ALL the following described five (5) tracts of real estate lying and being situate in Southampton Township, Cumberland
County, Pennsylvania, bounded and limited as follows:
TRACT NO.1: BEGINNING at a point in McCulloch Road (S.R 3002) at comer of Lot No.3 as shown on a plan of
lots hereinafter referred to: thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.30 feet to a
point at comer of Lot No.5 on said plan; thence by said Lot No.5 and through a point on line, South 58 degrees 56
minutes 31 seconds East, 139.60 feet to a point on line of Lot No. 14 on said plan; thence by said Lot No. 14 and Lot No.
15 and through a point on line, South 30 degrees 56 minutes 22 seconds West, 93.30 feet to a point at comer of Lot No.3
on said plan; thence by said Lot No.3 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.79
feet to a point in McCulloch Road (S.R 3002) at comer of Lot No.3 on said plan, the place of BEGINNING.
BEING Lot No.4 and containing 13,034 square feet as per survey entitled "Subdivision Plan - Timberland Estates -
Phase I, Southampton Township, Cumberland County, Pennsylvania", prepared by Martin and Martin, Incorporated,
dated July 28, 2005, with revisions, which, together with the necessary municipal approvals, is recorded in the Office of
the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Plan Book Volume 92, at page 71.
TRACT NO.2: BEGINNING at a point in McCulloch Road (S.R 3002) at comer of Lot No.4, as shown on a plan of
lots hereinafter referred to: thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.30 feet to a
point at comer of Lot No.6 on said plan; thence by said Lot No.6 and through a point on line, South 58 degrees 56
minutes 31 seconds East, 139.41 feet to appoint on line of Lot No. 13 on said plan; thence by said Lot No. 13 and Lot No.
14 and through a point on line, South 30 degrees 56 minutes 22 seconds West, 93.30 feet to a point at comer of Lot No.4
on said plan; thence by said Lot No.4 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.60
feet to a point in McCulloch Road (S.R 3002) at comer of Lot No. 4 on said plan, being the place of BEGINNING.
BEING Lot No.5 and containing 13,016 square feet as per survey entitled "Subdivision Plan - Timberland Estates -
Phase I, Southampton Township, Cumberland County, Pennsylvania", prepared by Martin and Martin, Incorporated,
dated July 28, 2005, with revisions, which, together with the necessary municipal approvals, is recorded in the Office of
the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Plan Book Volume 92, at page 71.
TRACT NO.3: BEGINNING at a point in McCulloch Road (S.R 3002) at comer of Lot No.5 as shown on a plan of
lots hereinafter referred to: thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.30 feet to a
point at comer of Lot No. 7 on said plan; thence by said Lot No. 7 and through a point on line, South 58 degrees 56
minutes 31 seconds East, 139.22 feet to a point on line of Lot No. II on said plan; thence by said Lot No. II and Lot No.
13 and through a point on line, South 30 degrees 56 minutes 22 seconds West, 93.30 feet to a point at comer of Lot No.
Son said plan; thence by said Lot No. 5 and through a point on line, North 58 degrees 56 minutes 31 seconds West,
139.41 feet to a point in McCulloch Road (S.R. 3002) at comer of Lot No.5 on said plan, being the place of
BEGINNING.
BEING Lot No.6 and containing 12,998 square feet as per survey entitled "Subdivision Plan - Timberland Estates -
Phase I, Southampton Township, Cumberland County, Pennsylvania", prepared by Martin and Martin, Incorporated,
dated July 28, 2005, with revisions, which, together with the necessary municipal approvals, is recorded in the Office of
the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Plan Book Volume 92, at page 71.
TRACT NO.4: BEGINNING at a point in McCulloch Road (S.R. 3002) at comer of Lot No.6 as shown on a plan of
lots hereinafter referred to: thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.30 feet to a
point at comer of Lot No.8 on said plan; thence by said Lot No.8 and through a point on line, South 58 degrees 56
minutes 31 seconds East, 139.02 feet to a point on line of Lot No. 10 on said plan; thence by said Lot No. 10 and Lot No.
II and through a point on line, South 30 degrees 56 minutes 22 seconds West, 93.30 feet to a point at comer of Lot No.6
on said plan; thence by said Lot No.6 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.22
feet to a point in McCulloch Road (S.R 3002) at comer of Lot No. 6 on said plan, the place of BEGINNING.
BEING Lot No. 7 and containing 12,980 square feet as per survey entitled "Subdivision Plan - Timberland Estates -
Phase I, Southampton Township, Cumberland County, Pennsylvania", prepared by Martin and Martin, Incorporated,
dated July 28, 2005, with revisions, which, together with the necessary municipal approvals, is recorded in the Office of
the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Plan Book Volume 92, at page 71.
TRACT NO.5: BEGINNING at a point in McCulloch Road (S.R. 3002) at comer of Lot No. 7 as shown on a plan of
lots hereinafter referred to: thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.50 {or
93.30} feet to a point at comer of Lot No.9 on said plan; thence by said Lot No.9 and through a point on line, South 58
degrees 56 minutes 31 seconds East, 138.83 feet to a concrete monument to be place at comer of Lot No. 10 on said plan;
thence by said Lot No. 10, South 30 degrees 56 minutes 22 seconds West, 93.50 {93.30} feet to a point at comer of Lot
No.7 on said plan; thence by said Lot No.7 and through a point on line, North 58 degrees 56 minutes 31 seconds West,
139.02 feet to a point in McCulloch Road (S.R. 3002) at comer of Lot No.7 on said plan, being the place of
BEGINNING.
BEING Lot No.8 and containing 12,990 square feet as per survey entitled "Subdivision Plan - Timberland Estates -
Phase I, Southampton Township, Cumberland County, Pennsylvania", prepared by Martin and Martin, Incorporated,
rSS260-..00G73
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dated July 28, 2005, with revisions, which, together with the necessary municipal approvals, is recorded in the Office of
the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Plan Book Volume 92, at page 71.
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