HomeMy WebLinkAbout94-01579
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STIPULATION AGAINST LIENS
PAKAY DEVELOPMENT CO.. INC.,
Owner
VERSUS
BOYD E. DILLER. INC..
Contractor
WHEREAS,
In the Court of Common Pleas
County of Cumberland. Pennsylvania
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Number Term 1994
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PAMAY DEVELOPMENT CO., INC., a Pennsylvania corporation, with its
principal office located at 5140 East Trindle Road, Mechanicsburg,
Pennsylvania, Owner, is about to execute contemporaneously
herewith, a contract, with BOYD E. DILLER, INC., Contractor, of
6820 Wertzville Road, Enola, Pennsylvania, for the installation of
underground uti li ties, curbing and paving in Kingswood Phases VB
and VC, Hampden Township, Cumberland County, Pennsylvania, more
fully described on Exhibit A attached hereto and made part hereof.
NOW, ff),ll,h 30 ,1994, at the time of and immediately
before the execution of the principal contract, and before any
authority has been given by the said Owner to the said Contractor
to commence work on the said building or 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 it is agreed that no lien shall be filed
against the building by the contractor, or any sub-contractor, 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 erection of said building, the right to file
such liens being expressly waived.
Nl1WES8. our hand and seal the day and year aforesaid.
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PAKAY DEVELOPMENT co.~~Na.
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BOYD E. DILLER, INC.
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EXHIBIT ^
ALL THAT CERTAIN tract of land si tuated in Hampden Town-
ship, Cumberland County, Pennsylvania, being Future Phase VB, as
shown on the Final Subdivision Plan for Undeveloped Lands of
Kingswood, by Penn Terra Engineering, Inc., State College, Pennsyl-
vania, recorded March 12, 1993, in Plan Book 65, Page 132-1, being
bounded and described, as follows:
BEGINNING at an iron pin being an easterly corner of Future
Phase VA and lying in a southerly line of existing Phase IV (Plan
Book 57, Page 82); thence along the existing Phase IV, South 67
degrees 25 minutes 45 seconds East, 268.00 feet to an iron pin;
thence continuing along said Phase, South 51 degrees 47 minutes 50
seconds East, 85.50 feet to an iron pin; thence continuing along
said Phase, South 67 degrees 25 minutes 45 seconds East, 387.97
feet to an iron pin; thence South 22 degrees 15 minutes 25 seconds
West, 117.65 feet to an iron pin; thence South 01 degrees 23 min-
utes 49 seconds West, 64.12 feet to an iron pin; thence South 22
degrees 19 minutes 19 seconds West, 111.33 feet to an iron pin;
thence North 69 degrees 58 minutes 42 seconds West, 27.73 feet to
an iron pin; thence South 45 degrees 43 minutes 15 seconds West,
202.25 feet to an iron pin; thence along a curve to the right,
having a chord bearing of North 46 degrees 35 minutes 22 seconds
West, a chord distance of 24.99 feet, a radius of 310.00 feet, and
an arc distance of 25.00 feet to an iron pin; thence South 41
degrees 06 minutes 01 seconds West, 103.00 feet to an iron pin;
thence North 58 degrees 53 minutes 59 seconds West, 61.98 feet to
an iron pin being an easterly corner of common area; thence along
the common area lands, North 34 degrees 11 minutes 04 seconds
West, 162.74 feet to an iron pin; thence continuing along said
lands, North 11 degrees 25 minutes 16 seconds West, 150.57 feet to
an iron pin; thence continuing along said lands, North 88 degrees
23 minutes 59 seconds West, 130.00 feet to an iron pin being a
northerly corner of said lands and lying in an easterly line of
Future Phase VA; thence along Future Phase VA, North 01 degrees 07
minutes 15 seconds West, 26.77 feet to an iron pin; thence continu-
ing along said lands, North 15 degrees 54 minutes 17 seconds West,
217.86 feet to an iron pin; thence continuing along said lands,
North 09 degrees 31 minutes 55 seconds East, 221.70 feet to an
iron pin, being the place of BEGINNING. CONTAINING 6.84 acres.
Future Phase VB is subject to an eXisting 30-foot sanitary
sewer easement traversing through said parcel, a portion of an
existing 20-foot storm sewer easement traversing through its south-
erly portion, a portion of a 10-foot bikepath easement to the
Township traversing through its southerly boundary, two eXisting
100-foot temporary turnaround easements along its easterly bounda-
ry, a portion of an existing IS-foot storm sewer easement along
its westerly boundary, and a portion of a proposed Conservation
Open Space area long its westerly boundary.
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EXHIBIT A
ALL THAT CERTAIN tract of land si tuated in Hampden Town-
ship, Cumberland County, Pennsylvania, being Future Phase VC, as
shown on the Final Subdivision Plan for Undeveloped Lands of
Kingswood, by Penn Terra Engineering, Inc., State College, Pennsyl-
vania, recorded March 12, 1993, in Plan Book 65, Page 132-1, being
bounded and described, as follows:
BEGINNING at an iron pin being an easterly right-of-way of
existing Orrs Bridge Road (Var. right-of-way) and being a souther-
ly corner of Future Phase VA; thence along Future Phase VA, North
88 degrees 52 minutes 45 seconds East, 639.15 feet to an iron pin
being an easterly corner of Future Phase VA and lying in a wester-
ly line of common area; thence along the common area, South 01
degrees 07 minutes 15 seconds East, 106.00 feet to an iron pin
being a southerly corner of common area and lying in a northerly
right-of-way of existing Memory Lane (33-foot right-of-way);
thence along said right-of-way, South 88 degrees 52 minutes 45
seconds West, 592.63 feet to an iron pin; thence along a curve to
the right, having a chord bearing of North 58 degrees 04 minutes
33 seconds West, a chord distance of 23.59 feet, a radius of 21.63
feet, and an arc distance of 24.95 feet to an iron pin lying in
the existing Orrs Bridge right-of-way along a curve to the right,
having a chord bearing of North 17 degrees 08 minutes 36 seconds
West, a chord distance of 96.90 feet, a radius of 353.06 feet, and
an arc distance of 97.21 feet to an iron pin being the place of
BEGINNING. CONTAINING 1.52 acres.
Future Phase VC is subject to a portion of an existing 33-
foot AT&T Easement traversing through its northeasterly corner.
EXHIBIT A
ALL THAT CERTAIN tract of land si tuated in Hampden Town-
ship, Cumberland County, Pennsylvania, being Lands for Common
Area, as shown on the Final Subdivision Plan for Undeveloped Lands
of Kingswood. by Penn Terra Engineering, Inc., State College,
Pennsylvania, recorded March 12, 1993, in Plan Book 65, Page
132-1, being bounded and described, as follows:
BEGINNING at an iron pin lying in a northerly right-of-way
of existing Memory Lane (33-foot right-of-way) and being an easter-
ly corner of Future Phase VC; thence along Future Phase VC and
Future Phase VA, North 01 degrees 07 minutes 15 seconds West,
371. 63 feet to an iron pin lying in an easterly line of Future
Phase VA and being a southerly corner of Future Phase VB; thence
along Future Phase VB, South 88 degrees 23 minutes 59 seconds
East, 130.00 feet to an iron pin; thence continuing, South 11
degrees 25 minutes 16 seconds East, 150.57 feet to an iron pin;
thence South 34 degrees 11 minutes 04 seconds East, 162.74 feet to
an iron pin being a southerly corner of Future Phase VB; thence
South 24 degrees 47 minutes 40 seconds West, 103.38 feet to an
iron pin lying in a northerly right-of-way of Memory Lane; thence
along the Memory Lane right-of-way along a curve to the left, hav-
ing a chord bearing of North 78 degrees 09 minutes 48 seconds
West, a chord distance of 53.77 feet, a radius of 119.90 feet, and
an arc distance of 54.23 feet to an iron pin; thence continuing
along said right-of-way, South 88 degrees 52 minutes 45 seconds
West, 147.98 feet to an iron pin being the place of BEGINNING.
CONTAINING 1.55 acres.
Said Common Area is subject to a portion of an existing 15-
foot storm sewer easement traversing through a portion of its
northerly boundary; a portion of an existing 30-foot sanitary
sewer easement traversing along its easterly boundary, a portion
of a 10-foot bikepath easement to the Township along its easterly
boundary, a portion of an existing 20-foot storm sewer easement
traversing through its easterly boundary. and a portion of a 33-
foot AT&T easement traversing through its southerly boundary.