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Home My WebLink About00-03210 I< ~ 003812-0024215.19.00/JRD/JD/134709.1 STIPULA TION AGAINST LIENS UNIVEST - TBA HOLDINGS, L.L.L.P., Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NUMBER 00 -.]:1,10 JI1~M, 2000 MILLER & NORFORD, INC., Contractor UNIVEST - TBA HOLDINGS, L.L.L.P., a Arizona limited liability limited partnership with its principal place of business at 1400 Finova Corporate Center, 4800 North Scottsdale Road, Scottsdale, Arizona, hereinafter called "Owner", has executed a contract, dated May 16, 2000, with Miller & Norford, Inc., a Pennsylvania corporation with its principal place of business at 700 Ayres Avenue, Lemoyne, Cumberland County, Pennsylvania, hereinafter called "Contractor", for the construction of a Goodyear Tire Facility containing 5,962 square feet, more or less, together with the construction of an access drive, parking area and related improvements, including, but not limited to, extension of sanitary sewer service, electrical service, water service and other utility services and the site work related to the development or construction said facility upon land of Owner situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bound and described in Exhibit A, attached hereto and made part hereof. NOW, May 22, 2000, before any authority has been given by the said Owner to the said Contractor to commence work on said improvements or purchase materials for the same, in consideration of the making of the aforesaid contract with Owner and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the real estate described in Exhibit A or any of the improvements to be constructed upon said real estate by the Contractor, any sub- -1- <~- , =~ -'-' """'~'" \ -.. 't! 003812-00242/5.19.00/JRD/JD/134709.1 \ , !' i:; 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 construction and installation of said improvements, the right to file such liens being expressly waived. Ii ;1 1 WITNESS, our hands and seals this 22"d day of May, 2000. Owner: Univest - TBA Holdings, l.l.l.P. an Arizona limited liability limited partnership By: ..-- By: Miller & Norford, Inc., a Pen ylvania corpor (SEAL) , Jillil!) President By: -2- . . ".~~~\~, ~; 1':' ~~ (, I" 003812-00242/5.19.00/JRD/JD/134709.1 f , , Ii EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bound and described as follows: BEGINNING at a point, said point being located on the southern right-of-way line of Hartzdale Drive (an 80-foot right-of-way), said point being also located on the dividing line between Lot 1 and Lot 2 on the hereinafter described Final Subdivision Plan, thence from said point and along the southern right-of-way line of Hartzdale Drive North 57 degrees 35 minutes 00 seconds East, a distance of 134.65 feet to a point; thence leaving said right-of-way line and continuing along adjoining lands now or formerly of Owen J. Zimmerman, South 19 degrees 38 minutes 00 seconds East, a distance of 272.95 feet to a point, ihence continuing along lands of Lot 3A of the hereinafter described Final Subdivision Plan and along the north side of an existing 40-foot wide sanitary sewer right-of-way South 36 degrees 25 minutes 30 seconds West, a distance of 115.00 feet to a point, thence leaving said right-of-way line and continuing along lands of Lot 3A, North 53 degrees 34 minutes 30 seconds West, a distance.of 52.22. feet.!o a point; thence continuing along same North 19 degrees 38 minutes 00 seconds West, a distance of 29.02 feet to a point, said point being the common property between Lot 1, Lot 2 and Lot 3A; thence continuing along lands of Lot2, North 19 degrees 38 minutes 00 seconds West, a distance of 197.43 feet to a point; thence continuing along same, on a curve, curving to the left, having a radius of 70.00 feef..and an arc length of 15.62 feet to a point; thence continuing along same, North 37 degrees 25 minutes 00 seconds West, a distance of 22.68 feet to a pOint,.$aid porlJt being the point of BEGINNING. CONTAINING 36,659.45 square feet, more or less, or 0.8416 acres, more or less. '\" BEING Lot 1, Final Subdivision Plan for Lesher Tract (also known as Final Subdivision Plan for Lesher Trust), dated December 17, 1999, last revised February 11, 2000, recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 80, Page 124, and also being Lot 1, Final Land Development PlaY, for Goodyear Tire, dated December 17, 1999, last revised February 11, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylliania, on April 28, 2000, in Plan Book Volume 80, Page 143. BEING the same premises which Ruth D. Lesher and Emerson L Lesher, wife and husband (as to a combined one-half interest as tenants by the entirety), Ruth D. Lesher and Emerson L Lesher, as Trustees of a Trust created on March 8, 1991 for Benjamin J. Lesher (in trust, as to a combined one-fourth interest) and Ruth D. Lesher and Emerson L. Lesher, as Trustees of a Trust created on March 8, 1991 for Katherine Ann Lesher (in trust, as to a combined one-fourth interest) by their Deed, dated April 6, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 219, Page 109, granted and conveyed unto Univest-TBA Holdings, LLLP., an Arizona limited liability limited partnership. -3- ";,:1rI~~ ;.~ " = ,..L ~~I!,""'iG.illi"'l";H'~~~II')j,',!",-,;il:-;;~!jjtllil\;ljfjjj"'""" ',; .'.~ ..,..(.'!; ;',1 /.. --'""'.~ ~-~.,. ^, . ~ _o",~_.J.",.,. ".~" .'_~,",'~, "'" ,~ j_rllii-~ 1ii!1iilII!iIl1lliliJ~1 ,> nllll.r~ tv ~ ~ Jl:. ~ 8 ~ ~ ~ -.() 6' r ~~ " _~.I J ~ , ~ r 0 Co? 0 C c::> -n s: ::!:: :;:1 -C'vJ X" ~lfY nlfTl -< Z:Tr N qm, zC' :,jy ~:~:: .r-- ,:.-~C) ~CJ -c: -.-" ..;.:::- ::.: ;~]~ ~C) br-) ~ om >s: -'" w )> ~ <? ~ ~'.~li . . I,