HomeMy WebLinkAbout97-00641
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THE TRUSTEES OF THE HARRISBURG
ACADEMY, a PA non profit corp.
owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q 7 - ffl '-II M L. 0 T ~ 'r Iv>
-AND-
RITTER BROS., INC.
General contractor
?TIPULATION AGAINST LIENS
WHEREAS, THE TRUSTEES OF THE HARRISBURG ACADEMY, ("owner" I, the owner
of the real estate described below, has or is about to execute a General
Contract with RITTER BROS., INC., ("contractor"), whose principal place of
business is located at 1511 North Cameron Street, Harrisburg, PA, for the
construction of improvements upon lands situate along Erford Road, in the
Township of East pennsboro and the Borough of Lemoyne. cumberland County,
pennsylvania, and more particularly bounded and described on Exhibit "A",
attached hereto and made a part hereof; and
NOW, THEREFORE, this 7th day of February, 1997, before any authority
had been given by Owner to contractor to commence work on said facilities
or purchase materials for same, in consideration of making of the above-
described contract with owner, and in further consideration of One ($1.001
Dollar paid to Contractor by Owner, the receipt whereof is hereby
acknowledged, and intending to be legally bound hereby, it is agreed that
no liens or claims shall be filed or maintained against the Owner's
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 about 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 materialmen, or workmen and other acting through or
under them.
EXHIBIT "A"
'l'RAC'l'A
Parcel No.1
ALL THAT CERTAIN piece or parcel ofland situate in East Pennsboro Township,
Cumberland County, Pennsylvania more particularly described as follows to wit:
BEGINNING at a stake on the Northeast Corner of Erford Road and Leg. Route
No. 70S, known as the Old Camp Hill By-Pass; thence by the eastern line of
Erford Road North eleven (11) degrees ten (10) minutes thirty (30) seconds West
(N-ll. 10' 30"-W), three hundred and eighteen and no one-hundredths (31S.00)
feet to a stake; thence north sixty-eight (6S) degrees two (02) minutes six (06)
seconds East (N-6S. 02' 06"-E), four hundred eight and thirty-eight one-
hundredths (40S.38) feet to a point; thence by the western line of Pennsboro
Manor south thirty-four (34) degrees eighteen (18) minutes two (02) seconds east
(S-34. 18' 02"-E), four hundred thirty and no one-hundredths (430.00) feet to a
monument on the northern line of aforementioned Route No. 708; thence by said
line south seventy-eight (78) degrees fifty-five (55) minutes thirty (30) seconds
west (S-78. 55' 30"-W), five hundred seventy and four one-hundredths (570.04) feet
to a stake; the Place of Beginning.
Containing 4.05 plus or minus acres.
BEING the same premises in which Executive Fiduciary Co., Inc., a Delaware
corporation as Trustee under A,,"Teement dated August 9, 1958, by deed dated
December 30, 1958 and recorded January 12, 1959 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Deed Book W, Volume 18,
Page 375, granted and conveyed an undivided 13/27 interest unto The Harrisburg
Academy, a Pennsylvania corporation.
ALSO BEING the same premises in which Executive Fiduciary Co., Inc., a
Delaware corporation as Trustee under Agreement dated August 9, 1955, by deed
dated December 30, 1961 and recorded February 15, 1962 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book L,
Volume 20, Page 52 granted and conveyed an undivided 12/27 interest unto The
Harrisburg Academy, a Pennsylvania corporation.
ALSO BEING the same premises in which Executive Fiduciary Co., Inc., a
Delaware corporation, as Trustee under Agreement dated August 9, 1958, by deed
dated December 15, 1962 and recorded December 27, 1962 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book S,
Volume 20, Page 797 granted and conveyed an undivided 2/27 interest unto The
Harrisburg Academy, a Pennsylvania corporation.
Parcel No.2
ALL that certain piece or parcel ofland situate in the 'l'ownship of East
Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the line dividing East Pennsboro Township from the
Borough ofWormleysburg, which point is north thirty-four (34) degrees eighteen
(18) minutes two (2) seconds east four hundred thirty (430) feet from a concrete
moniunent which monument is located at a point where the dividing line of East
Pennsboro Township and the Borough ofWormleysburg intersects with the
northern line of Pennsylvania Department of Highways Legislative Route No. 708,
known as the Old Camp Hill By-Pass; thence in a westerly direction along
property now or formerly of L. B. Smith south sixty-eight (68) degrees two (2)
minutes six (6) seconds west four hundred eight and thirty-eight one-hundredths
(408.38) feet to a stake on the eastern line of Erford Road; thence along the
eastern line of Erford Road north eleven (11) degrees ten (10) minutes thirty (30)
seconds west one hundred seventy-four and twenty-one one-hundredths (174.21)
feet to a point at line of other lands of the grantor herein; thence along said other
lands of the grantor herein sixty-eight (68) degrees two (2) minutes six (6) seconds
east three hundred thirty and thirty-nine one-hundredths (330.39) feet to a point
on the dividing line between the Township of East Pennsboro and the Borough of
Wormleysburg; and thence along said last mentioned dividing line thirty-four (34)
degrees eighteen (18) minutes two (2) seconds east one hundred ninety-five and
thirty-one one-hundredths (195.31) feet to a point, the place of Beginning.
Containing 1.62 acres, more or less.
BEING the same premises in which Highspire Sand and Gravel Company,
Limited, a Pennsylvania limited partnership by deed dated November 5, 1958 and
recorded November 5, 1958 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book T, Volume 18, Page 494 granted
and conveyed unto Trustees of The Harrisburg Academy, a non-profit corporation.
Parcel No. 3
ALL that certain piece or parcel ofland lying and situate in the Township of East
Pennsboro, Cumberland County, Pennsylvania, which property is more
particularly bounded and described as follows, to wit:
BEGINNING at an iron pin on the eastern line of Erford Road, which iron pin is
located seven hundred fifty-four and thirty-two one-hundredths (754.32) feet south
of the southern right-of-way line of Pennsylvania Legislative Route No. 770, at the
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southern line of a thirty-five (35) feet wide right-of-way as shown on Plan No. 199-
23 entitled "Plan Showing Private Right-of-Way Across Lands of Highspire Sand &
Gravel Co., Limited, Borough ofWormleysburg and East Pennsboro 'l'ownship,
Cumberland County, Pa." dated November 6,1959, prepared by Howard A. LeVan,
Jr., Inc., Consulting Engineer, Harrisburg, Pennsylvania, which Plan is duly
recorded as part of a certain Agreement under date of November 11, 1959 between
Highspire Sand and Gravel Company, Limited, the Trustees of The Harrisburg
Academy and Riverton Consolidated Water Company, which Agreement was
recorded on December 5, 1959 in the Office for the Recording of Deeds in and for
the County of Cumberland in Misc. Book 146, Page 190; thence along the said
southern right-of-way line north fifty-five (55) degres, seventeen (17) minutes,
twenty-eight (28) seconds east two hundred eighty-four and seventy-one one-
hundredths (284.71) feet to an iron pin located on the western dividing line
between the 'l'ownship of East Pennsboro and the Borough ofWormleysburg at
line of other lands of Highspire Sand and Gravel Company, Limited; thence along
said Borough and Township line and the other lines of Highspire Sand and Gravel
Company, Limited south thirty-four (34) degrees, eighteen (18) minutes, two (02)
seconds east one hundred seventy-two and thirty-six one-hundredths (172.36) feet
to a point at the northern line of lands now of the Trustees of'l'he Harrisburg
Academy, south sixty-eight (68) degrees, two (02) minutes, thirty (30) seconds west
three hundred thirty and thirty-nine one-hundredths (330.39) feet to a point on
the eastern line of Erford Road; thence along the eastern line of Erford Road by a
curve to the left having a radius of one thousand nine hundred forty and eight
one-hundredths (1,940.08) feet, one hundred six and ninety-five one-hundredths
(106.95) feet to an iron pin on the southern line of said first mentioned right-of-
way, the place of Beginning.
Containing .964 acres.
The above description is parcel no. 3 of a certain Plan dated March 16, 1961 and
revised March 6, 1962 entitled "Plan of Property for Robert M. Mumma, East
Pennsboro Township, Cumberland Co., Penna." prepared by Robert G. Sherrick,
Registered Surveyor of the Commonwealth of Pennsylvania, which Plan is
attached hereto, read into and made a part hereof, and which Revised Plan
corrected the distance to the right-of-way line of Legislative Route No. 770 to
seven hundred fifty-four and thirty-two one-hundredths (754.32) feet as shown in
the above description.
BEING the same premises which Highspire Sand and Gravel Company, Limited, a
Pennsylvania partnership association by deed dated June 8, 1961 and recorded
June 13, 1961 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book F, Volume 20, Page 416 granted and conveyed
unto Trustees of The Harrisburg Academy, a non-profit corporation.
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TAAC'l' B
ALL THAT CERTAIN piece or parcel ofland situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, bounded and described in accordance with a
survey and plan thereof prepared by D. P. Raffensperger Associates, Engineers
and Surveyors, dated February 12, 1980, a copy of which is attached hereto, as
follows, to wit:
BEGINNING at a point, said point being the intersection of the South side of Pa.
Route No. 708 and the West side of Riverview Road; thence by the West side of
Riverview Road by a curve to the right having a radius of 8.79 feet, an arc length
of 7.79 feet to a point of tangent; thence by same, South 50 degrees 06 minutes
West, a distance of 73.68 feet to a point; thence by same, South 47 degrees 43
minutes West, a distance of 145.89 feet to a point of curve; thence by same and a
curve to the left having a radius of 178.96 feet, an arc length of 112.39 feet to a
point of tangent; thence by same, South 11 degrees 44 minutes West, a distance of
118.90 feet to a point of curve; thence by same and a curve to the left having a
radius of 367.71 feet, an arc length of 195.16 feet to a point at corner of Lot No.
59, Section 7A, Susquehanna Hills; thence by same and Lot No. 60, Section 7A,
Susquehanna Hills, South 75 degrees 45 minutes West, a distance of 393.13 feet to
a point at line of Lot No. 61, Section 7A, Susquehanna Hills; thence by same,
South 71 degrees 25 minutes 30 seconds West, a distance of 201.91 feet to a point;
thence North 31 degrees 00 minutes West, a distance of 398.00 feet to a point on
the South side of Pa. Route No. 708 (also known as Camp Hill By-Pass); thence by
the same, the following seven (7) courses and distances: (1) North 82 degrees 32
minutes East, a distance of 86.04 feet to a point; (2) North 81 degrees 42 minutes
East, a distance of 63.09 feet to a point; (3) North 77 degrees 45 minutes East, a
distance of 203.03 feet to a point; (4) North 71 degrees 45 minutes East, a distance
of 203.63 feet to a point; (5) North 65 degrees 51 minutes East, a distance of
203.61 feet to a point; (6) North 59 degrees 54 minutes East, a distance of 202.70
feet to a point and (7) North 57 degrees 00 minute.; East, a distance of 130.99 feet
to a point on the South side of Pa. Route No. 708 at the intersection with the West
side of Riverview Road, the point and Place of Beginning.
Containing approximately 5.963 acres.
BEING the same premises which Susquehanna Enterprises, Inc., a Pennsylvania
corporation by deed dated July 24, 1984 and recorded July 27, 1984 in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed
Book U, Volume 30, Page 977 granted and conveyed unto the Trustees of The
Harrisburg Academy, a Pennsylvania non-profit corporation.
9\105 I
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TRACT C
PARCEL NO. t
ALL THAT CERTAIN tract ofland situate in the Borough ofLemoyne, Cumberland County,
PeMsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of Route #708, said point being located and referenced
eastwardly a distance of 1413.14 feet from the center line ofNonh 17th Street Projected; thence
along the center line of Route #708 Nonh 78 degrees 51 minutes 50 seconds East, a distance of
153.32 feet to a point; thence through Route #708 and along land ofHarcad Realty Foundation,
South 11 degrees 08 minutes 10 seconds East, a distance of828.48 feet to a point; thence along
land now or late of George W. Reily South 45 degrees 07 minutes 04 seconds West, a distance of
124.23 feet to a point; thence along the same South 44 degrees 58 minutes 18 seconds West, a
distance of 59. 51 feet to a point; thence along land of Smith Real Estate Development, Inc. Nonh
11 degrees 10 minutes 30 seconds West, a distance of930.67 feet to a point, the place of
BEGINNING. Said tract containing 3.07 acres.
RESERVING, however, in the Grantors, an easement for utilities across the tract herein
conveyed to land of Grantors to the west of tract herein conveyed, said easement to be on a
mutually satisfactory line, said line not to exceed twenty feet in width.
BEING the same premises which Luther B. Smith and Vera R. Smith, husband and wife, by
Deed dated December 27, 1967 and recorded February 14, 1968 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Rn, Volume 22, Page 474,
granted and conveyed unto Harrisburg Academy, a Pennsylvania corporation.
EXCEPTING the following tract ofland:
ALL THAT CERTAIN lot or parcel ofland situate in the Borough ofLemoyne, Cumberland
County, PeMsylvania, being more panicularly bounded and described as follows:
BEGINNING at the nonhwestern comer of Lot No.2 on the hereinafter described Subdivision
Plan at the southern legal right-of-way line of U.S. Routes 11 & 15; thence along the western
line of said Lot No.2 South t I degrees 07 minutes 31 seconds East, a distance of280 feet to a
point; thence along the non hem line of said Lot NO.2 South 77 degrees 04 minutes 07 seconds
West, a distance of 130.82 feet to a point on the eastern right-of-way line of 12th Street (50 foot
right-of-way); thence by a curve to the left having a radius of275 feet a distance of21.47 feet to
a point; thence continuing along said eastern legal right-of-way line nonh 11 degrees 07 minutes
31 seconds West, a distance of238.55 feet to a point; thence by a curve to the right having a
radius of20 feet a distance of31.41 feet to a point on the southern legal right-of-way line of U.S.
Routes It & 15; thence along said southern legal right-of-way line nonh 78 degrees 51 minutes
50 seconds East, a distance of 109.99 feet to a point the place of BEGINNING.
CONTAINING 0.8338 acres.
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BEING Lot No.1 Preliminary/Final Subdivision Plan of the Lands of The Trustees of the
Harrisburg Academy, dated August 7, 1984, recorded in the Office of the Recorder of Deeds of
Cumberland County in Plan Book 47, Page 38.
UNDER AND SUBJECT nevertheless, to the continuing obligation of Pennsylvania Supply
Company, its successors and assigns to plant and maintain evergreen trees, and ground cover on
the above-described real estate, and to install, maintain and repair such fencing as is necessary to
restrict access to the Lot herein conveyed.
BEING part of the same premises which The Harrisburg Academy, a Pennsylvania non-proft
corporation, by their Deed dated April 1, 1985 and recorded April 19, 1985 in the Office of the
Recorder of Deeds of Cumberland County, pennsylvania, in Deed Book F, Volume 31, Page
21 I, granted and conveyed unto Pennsylvania Supply Company, a Pennsylvania corporation, the
Grantor herein.
PARCEL NO.2
ALL THAT CERTAIN tract ofland situated in the Borough ofLemoyne, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of Route #708, said point being located and referenced
eastwardly a distance of 1566.46 feet from the center line ofNol1h 17th Street projected; thence
along the center line of Route #708 North 78 degrees 51 minutes 50 seconds East, a distance of
438.0 feet to a point; thence South 35 degrees 01 minute 41 seconds East, a distance of452.25
feet to a point; thence along land now or late of George W. Reily South 45 degrees 07 minutes
04 seconds West, a distance of747.02 feet to a point; thence along land of Smith Real Estate
Development Inc., NOl1h 11 degrees 08 minutes 10 seconds West, a distance of 828.48 feet to a
point the place of BEGINNING. Said tract containing 8.0 acres. See survey of William B.
Whitlock, dated December 21, 1965.
SUBJECT to reservation for utilities contained in Deed dated January 21, 1966, between Luther
B. Smith and Vera R. Smith, his wife. recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book W. Volume 21, Page 794, and being the same property
conveyed therein to Grantor.
BEING the same premises which George 1. Morrison, Jr., Jane Brownold and Robel1 N. H.
Andrews, Trustees under a Trust Agreement dated January 20, 1966, and known as HARCAD
Realty Foundation, by Deed dated June 11, 1968 and recorded June 13, 1968 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book ..un, Volume 22,
Page 713, granted and conveyed unto Harrisburg Academy, a Pennylvania corporation.
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