HomeMy WebLinkAbout01-5546Project No.
Contract No.
STIPULATION AGAINST LIENS
ROUSE COMMERCIAL PROPERTIES, INC.
Owner,
VS.
GATEWAY CONSTRUCTION, INC.,
Contractor.
IN THE COURT OF
Cumberland COUNTY,
PENNSYLVANIA
PROJECT NAME: Highmark Tenant Improvements at Senate Plaza, 1st through 6th floors
PROJECT ADDRESS: 100 Senate Ave
Camp Hill, PA 171001-2309
(legal description attached as Exhibit A)
The undersigned Contractor, Gateway Construction, Inc., furnishing services, labor or
materials, a Pennsylvania corporation (the "Contractor"), intending to be legally bound, and in
consideration of the sum of One and 00/100 ($1.00) Dollar to it in hand paid by ROUSE
COMMERCIAL PROPERTIES, INC. (the "Owner"), and other good and vatuable consideration,
the adequacy and sufficiency of which is hereby acknowledged, for itself and any subcontractors,
materialmen, laborers or anyone else acting through or under it, covenants and agrees that no
mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them,
against the real estate described in Exhibit "A", attached hereto and made a part hereof by
reference, or against any buildings or other improvements thereon (jointly and severally, the "Real
Estate"), for or on account of any work to be done or materials furnished under the principal
contract between Owner and Contractor, dated September 11, 2001, or under any supplemental
contract, verbal or written or contract for extra work or materials relating to and work to be done or
material furnished under said principal contract. The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting on behalf, through or under it, hereby waives and
relinquishes all right to file a mechanic's lien, claim or notice of intention to file any lien or claim
against the real estate, attached as Exhibit "A".
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else
acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court
of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as
attorney for it, them or any of them, in any such court and, in its or their name or names, mark
satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any
pleading or instrument, or any amendment to any pleading or instrument previously filed by it or
them, to incorporate therein as part of the record this waiver and for such act or acts this waiver
shall be good and sufficient warranty and authority, and the undersigned for itself, and for them,
Lien - Gateway
does hereby remise, release and quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the name of the undersigned or any
other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens
to be discharged by any other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work has commenced on
the Real Estate and no labor or materials have been delivered to the real Estate or furnished for
the improvement of the Real Estate by the undersigned or by any subcontractor, materialman,
laborer, or other person or entity, and that no authorization has yet been given by the Owner to the
undersigned to commence work or purchase materials in connection with the Real Estate.
This Stipulation is made and intended to be filed with the Cumberland County
Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1965 of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the undersigned have executed this Stipulation Against Liens
as of the 24th day of September, 2001.
ATTEST:
ATTEST: ·
~I~IT"ESS:
CONTRACTOR:
GATEWAY O~R~CTION, INC.
Print Name: Perry L. SmJ_th
Presiden~
OWNER:
ROUSE COMMERCIAL PROPERTIES, INC.
By: ROUSE OFFICE MANAGEMENT OF
p E N N.,,.~-¥.Ii, VAN I,z~l~l C~t~"~'~ aoJa a
By: ("
Its: Vice President
Lien - Gateway
-2-
CHICAGO TITLE INSURANCE COMPANY
Schedule A - Description
COMMITMENT FOR TITLE INSURANCE
Your Reference: zoo Senate Road/(9981-00428) Commitment No:
9945-41780
The land referred to in this Commitment is described as follows:
ALL those three certain tracts of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with a Topographic & Location
Survey Senate Plaza made by KCI Technologies, Inc. dated 7-26-96 as follows, to wit:
TRACT A:
BEGINNING at a point at the intersection of Poplar Church and Efiord Roads; thence by a curve to the
right having a radius of 25 feet an arc distance of 22.74 feet to a point on the western line of Erford Road:
thence along the western line of Erford Road South 38 degrees 37 minutes 00 seconds East a distance of
795.78 feet to a point: thence by a curve to the right having a radius of 30 feet an arc distance of 45.77
feet to a point on the northern line of Senate Avenue: thence along the northern line of Senate Avenue
South 48 degrees 47 minutes 46 seconds West a distance of 450.27 feet to a point: thence by a curve to
the right having a radius of 30 feet an arc distance of 47.40 feet to a point on the eastern line of House
Avenue: thence along the eastern line of House Avenue North 40 degrees 41 minutes 00 seconds West a
distance of 783.35 feet to a point: thence by a curve to the right having a radius of 30 feet an arc distance
of 46.82 feet to a point on the southern line of Poplar Church Road: thence along the southern line of
Poplar Church Road North 48 degrees 44 minutes 40 seconds East a distance of 500.33 feet to the place
of BEGINNING.
TRACT B:
BEGINNING at a point on the Western line of Committee Road, said point being North 40 degrees 41
minutes West, 255.00 feet from the Northwestern corner of the intersection of Committee Road with
Senate Avenue; thence by land now or formerly of Gannett, Fleming, Corddry & Carpenter, Inc., South 49
degrees 19 minutes West 421.66 feet to a point; thence North 16 degrees 49 minutes 50 seconds West
226.30 feet to a point; thence by land now or formerly of Blue Ridge Haven West, North 49 degrees 19
minutes East 330.19 feet to a point on the Western line of Committee Road; thence by the Western line of
Committee Road, South 40 degrees 41 minutes East 206.97 feet to the place of BEGINNING.
TRACT C:
BEGINNING at a point on the eastern line of House Avenue, said point being the north west corner of Lot
18, Plan Book 16 Page 40: thence along the eastern line of House Avenue by a curve to the left having a
radius of 445 feet an arc distance of 170.26 feet to a point: thence continuing along the eastern line of
House Avenue North 40 degrees 41 minutes 00 seconds West a distance of 70.86 feet to a point: thence
by a curve to the right having a radius of 30 feet an arc distance of 46.85 feet to a point on the southern
line of Senate Avenue: thence along the southern line of Senate Avenue North 48 degrees 47 minutes 46
seconds East a distance of 448.73 feet to a point: thence by a curve to the right having a radius of 30 feet
an arc distance of 48.88 feet to a point on the western line of Efford Road: thence along the western line
of Erford Road South 37 degrees 51 minutes 24 seconds East a distance of 128.80 feet to a point: thence
continuing along the western line of Edord Road by a curve to the right having a radius of 2262.01 feet an
arc distance of 78.52 feet to a point at the intersection of Erford Road and ramp leading to Rt. 11 &15:
thence along said ramp leading to Rt. 11&15 South 54 degrees 08 minutes 00 seconds West a distance of
16 feet to a point: thence continuing along said ramp by a curve to the right having a radius of 166 feet an
arc distance of 228.77 feet to a point: thence still continuing along said ramp by a curve to the left having
a radius of 459 feet an arc distance of 154.44 feet to a point at the corner of Lot 18 aforementioned:
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COMMA2 3/95 NF
NF 11/18/99 09:34:02
Issued By:
C~ICA---'TITLEH ~uINSURANCE COMPANY Schedule A - Description (cont'd)
COMMITMENT FOR TITLE INSURANCE
Your Reference: loo senate Road/(998~-00428) Commitment No:
9945-41780 "
thence along Lot 18 North 38 degrees 22 minutes 10 seconds West a distance of 74 feet to a point:
thence continuing along Lot 1@ South 70 degrees 24 minutes 23 seconds West a distance of 236.77 feet
to a point on the eastern line of House Avenue, said place of BEGINNING.
TOGETHER with all the right, title and interest of the parties of the first part in and to land under and
running to the center line of any and all streets or roads adjoining and bounding the tract herein
conveyed.
SUBJECT to 20 foot set-back line and 8 foot wide easement for utilities across the rear of premises herein
conveyed as set forth on aforesaid Plan of Lots recorded in Plan Book 9, Page 41.
EXCEPTING THEREOUT AND THEREFROM ALL THOSE 5 TRACTS of land situated, lying and being in
East Pennsboro Township, Cumberland County, Pennsylvania as conveyed by Rouse-Teachers
Properties Inc., (a Maryland Corporation) to The Township of East Pennsboro dated 8/21/1998 and
recorded 1/8/1999 in Misc. Book 192 page 564:
PARCEL"A"
BEGINNING at a point at the intersection of the eastern legal right-gl-way of House Avenue with the
southern legal right-of-way line of Poplar Church Road; thence along the southern legal right-of-way line
of Poplar Church Road North 48 degrees 44 minutes 40 seconds East, a distance of 51332 feet to a
point; thence continuing along the same by a curve, curving to the right having a radius of 25.00 feet an
arc length of 17.68 feet to a point on the southern required right-of-way of Poplar Church Road; thence
along the southern required right-of-way line of Poplar Church Road South 48 degrees 44 minutes 40
seconds West, a distance of 500.33 feet to a point; thence continuing along the same by a curve, curving
to the left having a radius of 30.0 feet and an arc length of 46.82 feet to a point on the eastern legal
right-of-way line of House Avenue; thence along the eastern legal right-of-way line of House Avenue North
40 degrees 41 minutes 00 seconds West a distance of 35.70 feet to a point, said point being the place of
beginning.
PARCEL"B"
BEGINNING at a point at the intersection of the eastern legal right-of-way line of House Avenue with the
northern legal right-of-way line of Senate Avenue; thence along theeastem legal right-of-way line of
House Avenue North 40 degrees 41 minutes 00 seconds West, a distance of 30.27 feet to a point; thence
along the required right-of-way line by a curve, curving to the left having a radius of 30.0 feet and an arc
length of 47.40 feet to a point on the northern legal right-of-way lineof Senate Avenue, thence along the
northern legal right-of-way line of Senate Avenue South 48 degrees 47 minutes 46 seconds West, a
distance of 30.27 feet to a point, said point being the place of beginning.
PARCEL "C"
BEGINNING at a point at the intersection of northern legal right-of-way line of Senate Avenue with the
western legal right-of-way line of Efford Road; thence along the northern legal right-of~way of Senate
Avenue South 48 degrees 47 minutes 46 seconds West, a distance of 28.68 feet to a point; thence along
the required right-of-way line by a curve, curving to the left having a radius of 30.0 feet and an arc length
of 45.77 feet to a point on the western legal right-of-way line of Efford Road; thence along the western
legal right-of-way line of Efford Road South 38 degrees 37 minutes 00 seconds East, a distance of 2@.68
Page A2 - 2
Issued By:
CHICAGO TITLE INSURANCE COMPANY
Schedule A - Description (cont'd)
i
i
i
!
COMMITMENT FOR TITLE INSURANCE
Your Reference: Zoo Senate Road/(9981-00428
CommltmentNo: L 994S-Al?8OI
feet to a point, said point being the place of beginning.
PARCEL"D"
BEGINNING at a point at the intersection of the southern legal right-of-way line of Senate Avenue with the
western legal right-of-way line of Erford Road; thence along the western legal right-of-way line of Erford
Road South 37 degrees 51 minutes 24 seconds East, a distance of 10.17 feet to a point; thence along the
required right-of-way line by a curve, curving to the left having a radius of 30.0 feet and an arc length of
10.36 feet to a point on the southern legal right-of-way line of Senate Avenue; thence along the southern
legal right-of-way line of Senate Avenue North 51 degrees 37 minutes 50 seconds East, a distance of 1.77
feet to a point, said point being the place of beginning.
PARCEL"E"
BEGINNING at a point at the intersection of the eastern legal right-of-way of House Avenue with southern
legal right-of-way of Senate Avenue; thence along the southern legal right-of-way line of Senate Avenue,
North 51 degrees 37 minutes 50 seconds East, a distance of 72.80 feet to a point; thence along the
required right-of-way line, South 48 degrees 47 minutes 46 seconds West, a distance of 43.01 feet to a
point; thence continuing along the same by a curve, curving to the left having a radius of 30.0 feet and an
arc length of 46.85 feet to a point on the eastern legal right-of-way line of House Avenue; thence along the
eastern legal right-of-way line of House Avenue North 40 degrees 41 minutes 00 seconds West, a distance
of 33.33 feet to a point, said point being the place of beginning. L
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