HomeMy WebLinkAbout02-2397BHH PARTNERS, :
a Pennsylvania general partnership, :
:
Owner :
:
HAUBERT HOMES, INC., :
:
Contractor :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. &2--23*V
HAUBERT HOMES, INC.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
Contractor :
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BHH PARTNERS,
a Pennsylvania general partnership
Ovfller
STIPULATION AGAINST LIENS
WHEREAS, BHH PARTNERS, a Pennsylvania general partnership ("Owner")
the owner of the real estate described below, have or are about to execute a contract
with HAUBERT HOMES, INC., a Pennsylvania corporation ("Contractor") whose
place of business is located at 15 Central Boulevard, Camp Hill, Pennsylvania 17011 for
the construction of townhomes on Lot Nos. 51 through 55 in Heights of Beacon Hill,
Lower Allen Township, Cumberland County, Pennsylvania as more particularly
bounded and described on Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, this ~ ~c~q~qtay of May, 2002, before any authority had
been given by Owner to Contractor to commence work on said facilities or purchase
materials for same, in consideration of the making of the above-described Contract
with Owner, and in further consideration of One ($1.00) Dollar paid to Contractor by
Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims
shall be filed or maintained against the Owner's facilities and the land above-described,
by the Contractor or any of its subcontractors, or by any of the materialmen or
workmen, or any other person acting through or under them, for or on account of any
labor or materials purchased, or extra labor or materials purchased for, towards, in or
about the erection, construction, design and improvement of said facilities, under said
contract or otherwise, the right to have, file and maintain such liens or claims against
the facilities and the land above-described, being hereby expressly waived by the
Contractor for itself, its subcontractors, all materialmen, or workmen and others acting
through or under them.
IN WITNESS WHEREOF, each of the parties, by their duly authorized
representatives, have hereunto executed the Stipulation Against Liens this I~day
of May, 2002.
WITNESS:
WITNESS:
OWNER:
BHH PARTNERS
a Pennsylvania General Partnership
By: Haubert Homes, Inc., Managing Partner
By: .
Don E. Haubert, Sr., President
CONTRACTOR:
HAUBERT HOMES, INC.
EXHIBIT "A"
Lot NO. 51:
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southern right-of-way line of Capitol View Drive, a 60
foot wide street, said point being the northwestern corner of Lot No. 52; THENCE
along the western line of Lot No. 52, South 33 degrees 17 minutes 32 seconds West, a
distance of 96.08 feet to a point, said point being on the northern line of Lot No. 63,
The Heights of Beacon Hill (open space); THENCE along the northern line of Lot No.
63, North 56 degrees 42 minutes 28 seconds West, a distance of 34.00 feet, said point
being on the eastern line of Lot No. 63; THENCE along the eastern line of Lot No. 63,
North 33 degrees 17 minutes 32 seconds East, a distance of 90.18 feet to a point, said
point being on the southern right-of-way line of Capitol View Drive; THENCE along
said right-of-way line along a curve to the right having a radius of 351.97 feet and an
arc length of 34.52 feet, said arc being subtended by a chord of South 66 degrees 33
minutes 13 seconds East, a distance of 34.51 feet to the point and PLACE OF
BEGINNING.
CONTAINING 3,176.20 square feet.
Commonly known as 1500 Capitol View Drive.
Lot No. 52:
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southern right-of-way line of Capitol View Drive, a 80
foot wide street, said point being the northwestern corner of Lot No. 53; THENCE
along the western line of Lot No. 53, South 33 degrees 17 minutes 32 seconds West, a
distance of 98.32 feet to a point, said point being on the northern line of Lot No. 63,
The Heights of Beacon Hill (open space); THENCE along the northern line of LOt No.
63, North 56 degrees 42 minutes 28 seconds West, a distance of 26.00 feet to a point,
said point being the southeastern corner of Lot No. 51; THENCE along the eastern
line of Lot No. 51, North 33 degrees 17 minutes 32 seconds East, a distance of 96.08
feet to a point, said point being on the southern right-of-way line of Capitol View Drive;
THENCE along said right-of-way line along a curve to the right having a radius of
351.97 feet and an arc length of 26.10 feet, said arc being subtended by a chord of
South 61 degrees 37 minutes 10 seconds East, a distance of 26.10 feet to the point and
PLACE OF BEGINNING.
CONTAINING 2,531.38 square feet.
Commonly known as 1502 Capitol View Drive.
Lot No. 53:
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Ckunberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southern right-of-way line of Capitol View Drive, a 60
foot wide street, said point being the northwestern corner of Lot No. 54; THENCE
along the western line of Lot No. 54, South 33 degrees 17 minutes 32 seconds West, a
distance of 98.62 feet to a point, said point being on the northern line of Lot No. 63,
The Heights of Beacon Hill (open space); THENCE along the northern line of LOt No.
63, North 56 degrees 42 minutes 28 seconds West, a distance of 26.00 feet to a point,
said point being the southeastern corner of Lot No. 52; THENCE along the eastern
line of Lot No. 52, North 33 degrees 17 minutes 32 seconds East, a distance of 98.32
feet to a point, said Point being on the southern right-of-way line of Capitol View Drive;
THENCE along said right-of-way line along a curve to the right having a radius of
351.97 feet and an arc length of 26.01 feet, said arc being subtended by a chord of
South 57 degrees 22 minutes 41 seconds East, a distance of 26.00 feet to the point and
PLACE OF BEGINNING.
CONTAINING 2,564.34 square feet.
Commonly known as 1504 Capitol View Drive.
Lot No. 54:
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southern right-of-way line of Capitol View Drive, a 60
foot wide street, said point being the northwestern corner of Lot No. 55; THENCE
along the western line of LOt No. 55, South 33 degrees 17 minutes 32 seconds West, a
distance of 97.00 feet to a point, said point on the northern line of Lot No. 63, The
Heights of Beacon Hill (open space); THENCE along the northern line of LOt No. 63,
North 56 degrees 42 minutes 28 seconds West, a distance of 26.00 feet to a point, said
point being the southeastern corner of LOt No. 53; THENCE along the eastern line of
LOt No. 53, North 33 degrees 17 minutes 32 seconds East, a distance of 98.62 feet to a
point, said point being on the southern right-of-way line of Capitol View Drive;
THENCE along said right-of-way line along a curve to the right having a radius of
351.97 feet and an arc length of 26.06 feet, said arc being subtended by a chord of
South 53 degrees 08 minutes 25 seconds East, a distance of 26.05 feet to the point and
PLACE OF BEGINNING.
CONTAINING 2,547.25 square feet or 0.0453 acres.
Commonly known as 1506 Capitol View Drive.
Lot No. 55:
ALI. THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the southern right-of-way line of Capitol View Drive, a 60
foot wide street, said point being on line of Lot No. 63, The Heights of Beacon Hill
(open space); THENCE along Lot No. 63, South 33 degrees 17 minutes 32 seconds
West, a distance of 91.93 feet to a point, said point being on the northern line of the
aforesaid Lot No. 63, The Heights of Beacon Hill (open space); THENCE along the
northern line of Lot No. 63, North 56 degrees 42 minutes 28 seconds West, a distance
of 34.00 feet to a point, said point being the southeastern corner of Lot No. 54;
THENCE along the eastern line of Lot No. 54, North 33 degrees 17 minutes 32
seconds East, a distance of 97.00 feet to a point, said point being on the southern right-
of-way line of Capitol View Drive; THENCE along said right-of-way line along a curve
to the right having a radius of 351.97 feet and an arc length of 34.39 feet, said arc being
subtended by a chord of South 48 degrees 13 minutes 14 seconds East, a distance of
34.38 feet to the point and PLACE OF BEGINNING.
CONTAINING 3,221.36 square feet.
Commonly known as 1508 Capitol View Drive.
LOT NO. 51 TO AND INCLUDING LOT NO. 55 BEING a portion of the same
premises which Beacon Hill Heights Development Corporation by its Deed dated
May 28, 1997 and recorded May 30, 1997 in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Deed Book 158, Page 520, granted and conveyed
unto BHH Partners, a Pennsylvania general partnership.
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