HomeMy WebLinkAbout02-3430S & A CUSTOM BUILT HOMES,
INC.,
Owner
JOHN F. WALTER EXCAVATING,:
INC., :
Contractor :
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
STIPUI~TION AGAINST LIENS
WHEREAS, S & A Custom Built Homes, Inc., a Pennsylvania corporation
("Owner"),,the Qwner of the real estate described below, have executed a Contract
dated ~[ L,/(~ ~_~ with John F. Walter Excavating, Inc. ("Contractor"),
whose pr~ncipa~ place~f business is located at P.O. Box 175, Newville, Pennsylvania
17241 and more particularly bounded and described on Exhibit "A", attached hereto
and made a part hereof; and
NOW, THEREFORE, this / ~-~ day of ~ .2002, before
any authority had been given by Owner to Contrac rt~ ~znmence work for site
improvements on the 9.674 acre parcel of land situate in South Middleton Township,
Cumberland County, Pennsylvania, known as Section 3, Forgedale Crossing as
described on Exhibit "A" in consideration of 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 Owners' 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 abut 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 materiaimen, or
workmen and other acting through or under them.
This Agreement is being executed in counterparts, and each counterpart shall
be deemed to be an original instrument, but ail counterparts together shall constitute
but one Agreement.
iN. WITNESS WHEREOF~e~ch of the parties have hereunto executed the
Stipulation Against Liens this /~day of July, 2002.
OWNER:
S & A CUSTOM BUILT HOMES, INC.
By:
Name:
Title:
CONTRACTOR:
JOHN F. WALTER EXCAVATING, INC.
IN WITNESS WHEREOF, each of the parties have hereunto executed the
Stipulation Against Liens this day of July, 2002.
OWNER:
S & A CUSTOM BUILT HOMES, INC.
Name: C~/// ~ ~,,~/~e/l?'
Title: fd~,~,~/~ ~~/~.~
CONTRACTOR:
JOHN F. WALTER EXCAVATING, INC.
By:.
Name:
Title:
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described in accordance with a
survey prepared by John K. Bixler, III, R.S., dated September 15, 2000 and recorded
in the Office of the Recorder of Deeds for Cumberland County in Plan Book ,
Page , revised October 6, 2000, as follows:
BEGINNING at a point located at the intersection of the eastern dedicated
right-of-way line of Forgedale Drive and the section line between Phase Number 1
and Section Number 3 of the Forgedale Crossing development as depicted on the
Final Subdivision Plan for Forgedale Crossing, Section Number 3, recorded in Plan
Book__, Page __, in the Recorder of Deeds office of the Cumberland County
Courthouse, Carlisle, Pennsylvania; thence along the eastern dedicated right-of-way
line of Forgedale Drive and other land of Forgedale Associates hereinafter referred to
as Lot Number 82, South 25 degrees 59 minutes 42 seconds West, a distance of
158.98 feet to a point; thence continuing along the same on a curve to the left having
a radius of 15.00 feet, an arc length of 23.56 feet, a chord bearing of South 19 degrees
00 minutes 18 seconds East and a chord of 21.21 feet to a point; thence continuing
along the same and crossing the temporary te~-minus of Coventry Drive, South 25
degrees 59 minutes 42 seconds West, a distance of 50.00 feet to a point; thence
continuing along the eastern dedicated right-of-way line of Forgedale Drive and Lot
Number 82 on a curve to the left having a radius of 15.00 feet, an arc length of 23.56
feet, a chord bearing of South 70 degrees 59 mit~utes 42 seconds West and a chord of
21.21 feet to a point; thence continuing along the same, South 25 degrees 59 minutes
42 seconds West, a distance of 140.64 feet to a point; thence continuing along the
same on a curve to the right having a radius of 1225.00 feet, an arc length of 1.08
feet, a chord bearing of South 26 degrees 01 minutes 13 seconds West and a chord of
1.08 feet to a point; thence crossing the temporary teL-u~inus of Forgedale Drive and
continuing along Lot Number 82, North 63 degrees 57 minutes 15 seconds West, a
distance of 50.00 feet to a point located on western dedicated right-of-way line of
Forgedale Drive; thence along common property line of Lot Number 81 and Lot
Number 82, North 64 degrees 00 minutes 18 seconds West, a distance of 93.44 feet to
a point; thence along the common property line between Lot Number 82 and Lot
Numbers 80, 79, 78, 77, 76 75, South 86 degrees 42 minutes 52 seconds West, a
distance of 711.90 feet to a point located on the eastern dedicated right-of-way line of
Arlington Drive; thence along the eastern dedicated right-of-way line of Arlington
Drive and Lot Number 82, South 00 degrees 32 minutes 34 seconds West, a distance
of 22.01 feet to a point; thence crossing the temporary terminus of Arlington Drive,
North 89 degrees 27 minutes 26 seconds West, a distance of 50.00 feet to a point
located on western dedicated right-of-way line of Arlington Drive; thence along the
common property line of Lot Number 66, (a detention pond) and Lot Number 82,
North 89 degrees 27 minutes 26 seconds West, a distance of 150.00 feet to a point
thence the common property line of land now or formerly of Ralph Otto and Lot
Number 66, North 00 degrees 32 minutes 34 seconds East, a distance of 462.54 feet
to a point located at the corner of the section line between Forgedale Crossing,
Section Number 2, (said section consisting of two sub-sections titled Section Number
2A, and Section Number 2B which are respectively recorded in Plan Book 72, Page
115 and Plan Book 77, Page 141 in the Recorder of Deeds office of the Cumberland
County Courthouse) and Forgedale Crossing, Section Nt]mber 3; thence along said
section line and the common property line of Lot Number 49 of Section Number 2
and Lot Number 66 of Section Number 3, South 89 degrees 27 minutes 26 seconds
East, a distance of 150.00 feet to a point located at the western dedicated right-of-way
line of Arlington Drive; thence along said section line and the western dedicated
right-of-way line of Arlington Drive, South 00 degrees 32 minutes 34 seconds West, a
distance of 89.75 feet to a point; thence crossing Arlington Drive along said section
line, South 89 degrees 27 minutes 26 seconds East, a distance of 50.00 feet to a point
located on the eastern dedicated right-of-way line of Arlington Drive and said point
being the common property corner of LOt Number 56 of Section Number 2 and Lot
Number 74 of Section Number 3; thence cont'muing along said section line and along
the common property line between Lot Numbers 56, 57, 58, 59, 60, 61, 62, 63, of
Section Number 2 and Lot Numbers 74, 73, 72, 71, 70, 69, 68 of Section No. 3, North
86 degrees 42 minutes 52 seconds East, a distance of 788.87 feet to a point; thence
continuing along said section line and along the common property line of Lot
Numbers 64 of Section Number 2 and Lot Numbers 68 and 67 of Section Number 3,
South 79 degrees 45 minutes 17 seconds East, a distance of 77.42 feet to a point;
thence continuing along said section line and along the common property line of Lot
Number 65 of Section Number 2 and LOt Number 67 of Section Number 3, South 64
degrees 00 minutes 18 seconds East, a distance of 97.54' feet to a point located on the
western dedicated right-of-way line of Forgedale Drive; thence along said section line,
western dedicated right-of-way line Forgedale Drive and Lot Number 65 of Section
N~mber 2, North 25 degrees 59 minutes 42 seconds East, a distance of 5.26 feet to a
point located at the corner of the section line between Forgedale Crossing, Section
No. 2 and Forgedale Crossing, Phase Number 1, (said phase being recorded in Plan
Book 64, Page 93 in the Recorder of Deeds office of the Cumberland County
Courthouse); thence along said section line and crossing Forgedale Drive, South 64
degrees 00 minutes 18 seconds East, a distance of 55.00 feet to the point of
BEGINNING.
CONTAINING 9.674 acres designated as Section 3 of Forgedale Crossing.
SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale
Crossing as set forth in Miscellaneous Book 424, Page 252.
BEING part of the same premises which William M. Forwood, Jr. and Kathryn E.
Forwood and Iva M. Eppley, widow, granted and conveyed to John E. Anderson and
Pauline E. Anderson, his wife, Robert A. Thomas and Deborah J. Thomas, his wife,
Grantors herein, by Deed dated October 20, 1986 and recorded in the Office of the
Recorder of Deeds for Cumberland County in Deed Book "G", Volume 32, Page 218.
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