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Home My WebLink About95-07091 -". 6) . STIPULATION AGAINST LIINS V '. fI/O,1! -,jlt, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA P ~':'I I:) ;- - ~I' ;HE:l 01 =-,3 rt:':' _J C) il"i;r1 ,,"1"" '"'ntTl l. '''. N ~!19 f~ ~~.j l.)O . ,.. '?:;J :: n ::c ',,). ._~ ;.1() _ . " 0' THIS STIPULATION is made this November 29, 1995. -"'~ .. I ~ ~ ~ WHEREAS, Mayapple Vanguard Limited Partnership of Jenkintown, Pennsylvania ("Owner") and Vanguard Homes, Inc. of Jenkintown, Pennsylvania ("Contractor") have executed on November~, 1995 a contract designated "Abbreviated Form of Agreement between owner and Contractor" (the "Contract") by which Contractor agrees to provide general construction services to Owner for the following: MAYAPPLE VANGUARD LIMITED PARTNERSHIP, owner vs. No. <]). '/09/ /1/ J.. t1 'Ti,.. VANGUARD HOMES, INC., Contractor A. Site improvements on the real estate consisting of a 2.89 acre tract and a 4.73 acre tract known as Meadowridge at Mayapple Village Condominium, South Middlton Township, cumberland County, PA as more fully described in the legal descriptions attached hereto as Exhibit A and Exhibit B and incorporated by reference (the "Real Estate") consisting of installation of streets, curbing, storm sewer, and other improvements required by any municipal authority, and as provided in the plan of Meadowridge at Mayapple Village Condominium a~ well as construction of improvements thereon including condominium units and all related improvements; which Contract, together with all amendments, supplements, extensions, substitutions and replacements thereof is referred to herein as the "Contract". Intending to be legally bound hereby, the parties hereto agree and acknowledge that, at the time of and immediately before the execution of the Contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said site improvements or building construction, or purchnflCl materials for the same, in consideration of the making of the Contract with Owner and the further consideration, receipt of which is hereby acknowledged, provided to Contractor by Owner, owner agrees on its own behalf and on behalf of all subcontractors or others who provide work or materials under the Contract, that no 10:105.1 ALL THAT aRT AIN partel of land. situale in South },II""''''"" Township. CllmbcrWId CDUIlty, Pennsylvania, more particularly bounded and described u fo11Dws: BEGINNING at a ~ monument alon. die e:ulUly line of FOlJe RaM IDII 011 me ~ described Final Plan Cor Wiltshire West - Mayapple VII. ('Plan'); THENCE fnIm said c:onmte lllODument Nonh 31 dqrees 24 mim&1I:S 215 IIllOI\dI West. a lIiw'...... of 115.49 feetID an lion pin alon. the cutmy 11M of forie laid; THENCE from said iron pin South 58 dcpen 35 minu... 34 -.4IldI Weal a dl-~ of 10.00 fia to an Iron pin alon. the cutmy Une of Faql RaId; 11IENCE from said iron pin North 31 delfClCS 24 miAulel 215 IICIlIlda Wilt. a diS""- 01367.59 feet to an iron pin alone the easterly IiDe of Forae ..; THENCE Cram said iron pin aIDo. a curve ID the ript haviD. · radiua of 35.00 fed, IIII1'C distanc:c of 54098 feet alon& . chord bearinl of NardI 13 ~~I 35 miDuta 34 secoads East, a chord lenlth of 49.50 feel to 1ft iroa pin an Ibe 1OUtt-tJ IiIIe of Mayapple Drive; THENCE from said iran pin Nardi 5. ~,1I 3S minUla 34 IICGIIda East, a di..,..".... of 209.57 feet to a caacnllI INIDUI-'t alq till: lOII&herly tine of Mayapple Drive and alan& the other lands or Mayapple Villl&c; THENCE from said concrele lIIOIIument South 31 ~ 38 minuaa 01111lll11ds East, a distance of 518.09 feet to an iroa pia aIaq the other \aDdI of Mayapple VIl1a&I aDd Ilonl the tands now or formedy of Calvary Temple Chwch; THENCE from said iron pin Soulb 58 dqnlcs 35 minu1l:S 34 . sec:ands Wat, a dl-- or 236.62 &Ill to the point and pl&ce of BEGINNING. CONTAINING 125,812,33 IqIWll feet on Ibe Plan of LoIS knOWD as .Final PIa far Mayappta VI11a&I, Will111i%e-West, · prepared by Statler-Brehm, En&ln"". and PlaMinl Consultants. darr:d January 26. 1989, and recorded in Ibe Offtce of the IlICorda af DcaIa of Cllmbcr1aad County, PeuDsylvania in Plan Book 5., Pap 6I-F, ALSO UNDEIl AND SUBJECT to the restrictions as more particularly.. fmdl ill the Da:\arIIialI of CCMIIaIlU and llatD&:tlons daJaI June 16. 1919, made by 539 Denl~o1IatCoalplnY. aad nconIed in the Offtceoflbe Ra:ordcr ofD '. orcwnberland CouDly, PCIIIIsylvanlaon June 16,1989, in Misc. Boak 3~, PII- S66; Ibe Supp&cDlClllal DedInlion of Covenants and Restrictions dIIIaI OclObcr 16, 1919 made by 539 Devdopment Company recorded on October 16, 1989 in Mbc. Baok 370, PIle 720; the Amended Supplemental Dec\.uatiDD of CovaWltS and J&striclions dalaI October 17, 1990. made by 539 DevcJapment Company, and .CCOIdcd in the Office of Ibe Ra:ordu of Deeds of Cumberland COIIIlty, PeMSYIvaDia on October 25, 1990 in Misc. Boak 388, Pale l089i and to all other maiclions, reservalions. sclbacll: lines and rights-of-way of ....6.d. ...., /, /\ ':::~t\ -, . . . ALL THAT--ci~TAIN parcel ot land .itute in South Middleton Town.hip, CUmberland countr penn.ylvania, bounded and described according to a rinal Plan tor W it.hire Sa.t-Mayapple Village by Statler Brehmi dated January 26, 1989 and recorded in Plan Book 58, page 68S, a. tol ow., to wit I IIGINNING at a point, tormed by the inter.ection ot the Southerly dedicated right ot way line ot York Road (PA Route 74) and the la.terly dedicated right ot way line ot Fairview Street; thence extending trom .aid beginning point along the Southerly dedicated right ot way line ot York Road the tollowing Two courses and distance.: (1) South 57 degree. .45 minute. 05 .econda Ba.t 229.12 teet to a point ot curve and (2) on the arc ot a circle curving to the lett having a radius ot 68,404,29 teet, the arc di.tance ot 509,15 teet, a chord bearing ot South 57 degrees 57 minute. 53 .econds East 509,14 teet to lands now or tormerly ot Ivo V. Otto, Jr., thence extending along said lands South 31 degrees 36 minutes 18 .econd. West 387,12 teet to other land of Mayapple Village; thence ,extending along ..id land. North 46 degrees 07 minutes 01 .econd West 610.84 teet to a point on the Sasterly dedicated right of way line ot rairview Street; thence extending along .aid dedicated right ot way line the tollowing Two courses and distances: (1) on the arc ot a circle curving to the lett having a radius ot 118,55 teet an arc di.tance ot 52.01 feet, a chord bearing of North 08 degree. 56 minute. 45 .econds la.t 51.59 feet to a point of tangent and (2) North 03 degree. 37 minute. 21 .econd. We.t 274.21 feet to the tirst mentioned point and Place of IIGINNING. IIING de.ignated Wilt.hire 'East and containing 4.73 acre., more or le... , . IIING part of the .ame premises which Ivo V, Otto, Jr, and Ralph C. Otto, .ingle un by Deed datei1 June 16, 1989 and recorded in CUmberland County, in Deed look Z 33 page 978 conveyed unto 539 Developaaent Company, a Penna, corporation. EXHIBIT B