HomeMy WebLinkAbout06-7131
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STIPULATION AGAINST LIENS
CLAYPOOL ill-TIDAY, LLC,
As Joint Venturer
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. ()(,.. 7 J.3 J tv/ LJ) -r:=-.
: TERM 2006
P AMA Y DEVELOPMENT CO., INC,
Owner
FOLLMER EXCAVATING, 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 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 "Proposal
#199", being dated on or about October 18, 2006 (the "Contract"), with Follmer Excavating,
Inc., Contractor, of Dills burg, Pennsylvania 17019, for the installation of underground utilities,
curbing, paving and other site work/development for that real property commonly known as
Meadowbrook Farms, Phase VI, located partially in Middlesex Township and North Middleton
Township, Cumberland County, Pennsylvania, and more fully described on Exhibit A attached
hereto and made a part hereof (the "Property").
NOW, this /2- 'r\ day of tl CLe./Vt h t!.-'Z , 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.
627311.1
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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
By:
Name:
Title:
Claypool ITI-Tiday, LLC, Joint Venturer
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Title: fr;.-hur .
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N e. t.
Title: Ft;a ,pty.. r
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ALL THAT CERTAIN tract of land situated in Middlesex and North Middleton Townships, Cumberland
County, PA, being Meadowbrook Phase VI, as shown on a plan entitled, "Meadowbrook Farms, Final
Subdivision Plan, Phase VI," dated March 24, 2006, by PennTerra Engineering, Inc., State College, PA,
being bounded and described as follows:
BEGINNING at an iron pin, being a northwesterly corner of Existing Phase 5 and lying in an easterly line
oflands owned now or formerly by Ronald L. & Delores 1. Brehm (Tax Parcel 29-15-1251-41, DB 28-
S/41 0); thence along said lands N030I0'59"W, 549.73 feet to an iron pin, lying in an easterly line of said
lands and being a southerly corner of Existing Phase 1; thence along the Phase 1 lands, the following
bearings and distances: N69047'43"E, 335.00 feet to an iron pin; thence 883016'41 "E, 125.00 feet to an
iron pin; thence N81022'51"E, 273.62 feet to an iron pin, lying in a southerly line of Phase 1 lands and
being a westerly corner of Existing Phase 3; thence along the Phase 3 lands the following bearings and
distances: S08037'09"E, 160.00 feet to an iron pin; thence S81022'51"W, 11.94 feet to an iron pin; thence
S08037'09"E, 50.00 feet to an iron pin; thence along a curve to the right, having a chord bearing of
S53037'09"E, a chord distance of35.36 feet, a radius of25.00 feet and an arc length of39.27 feet to an
iron pin; thence S08037'09"E, 95.47 feetto ail iron pin; thence S81022'51"W, 181.03 feetto an iron pin;
thence S26008'46"E, 137.99 feet to an iron pin; thence S69019'02"W, 154.10 feet to an iron pin; thence
continuing along Phase 3 and along Existing Phase 4 S230l8'42"W, 82.54 feet to an iron pin; thence
continuing along Phase 4 S0301 0'59"E, 73.63 feet to an iron pin, being a westerly corner of Phase 4 and
an easterly corner of Existing Phase 5; thence along Phase 5, the following bearings and distances:
S86049'01"W, 199.52 feetto an iron pin; thence N77047'49"W, 51.15 feetto an iron pin; thence
S86049'O) "W, 201.17 feet to an iron pin, being the point of beginning, containing 9.120 acres.
BEING PART OF THE SAME premises which Mary Verdelli by her Deed dated January 4, 1989 and
recorded January 5, ) 989, 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 (part of)
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