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Home My WebLink About97-02342 Keystone Apple, Inc., a, Pennsylvania Corporation, stephen H. Davenport, an adult individual and Davenport's FLP, a Pennsylvania limited partnership, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner v. Benchmark Construction Company, Inc., a Pennsylvania corporation, Contractor 17- d.341- NO. M.L.D. 1997 STIPULATION AGAINST LIENS WHEREAS, Keystone Apple, Inc., a Pennsylvania Corporation, the fee simple owner of 6 Skyport Road, Mechanicsburg, Pennsylvania and Stephen H. Davenport, an adult individual, the fee simple owner of 6055 Carlisle Pike, Mechanicsburg, Pennsylvania and Davenport's FLP, a Pennsylvania limited partnership, the equitable owner pursuant to agreements of sale of both aforementioned properties, all with offices at 1300 Market Street, suite 12, P.O. Box 616, Lemoyne, Pennsylvania 17043 (collectively the "Owner"), has executed or is about to execute contemporaneously herewith a contract with Benchmark Construction Company, Inc., a Pennsylvania corporation, of 4121 oregon Pike, P.O. Box 806, Brownstown, Pennsylvania 17508 (the "contractor"), for construction of a Applebee's Neighborhood Grill & Bar on and other improvements to a tract of land known as 6055 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania and improvements to parking areas and easements on the adjacent tract of land owned by Owner known as 6 Skyport Road, Hampden Township, Cumberland County, Pennsylvania (collectively the "Improvements"); more particularly described as Tracts 1 and 2 on the Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, Apr, ,I :3 <..I, 1997, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assemb~.y in such cases made and provided, for work done or materials turnished in and about the construction ot the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this stipulation Against Liens the day and year first above written. WITNESS/ATTEST: OWNER: Keystone Apple, Inc. _lplfttt! idfljtWf BY'~'-/~ " ) President (CORPORATE SEAL) (2{k<j~/(jj( a/l~w ~.~~ ~tephen H. Davenport, Individually Davenport's FLP, by its sole general partner, SHD, Inc. ~ ~ . Il-c./J.It.A..f#u{. I ("--~'1 c;:,~'CII.~ICtll\ BY:~~- {(~i=.) President WITNESS/ATTEST: CONTRACTOR: Benchmark Construction company, Inc. ~freflK (CORPORATE SEAL) C:\~51\ATV\DAVENPOAT.STP April 24, 1997 . , LOT 1 OF EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, shown as Lot 1 on the Preliminary/Final Subdivision and Land Development Plan of Applebee's Restaurant, Carlisle Pike, dated January 23, 1997, last revised March 6, 1997, as prepared by H. Edward Black and Associates, P.C., recorded M(U.,\ S , 1997 in Cumberland County Plan Book .., '-\ , Page Ol ' and more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Carlisle Pike, U. S. Roue 11, S.R. 0011 (100' wide) at the point of intersection of the southeast corner of Lot #2 of a subdivision plan laid out by Hartman & Associates dated April 16, 1990 as revised May 11, 1990 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 61, Page 42 and the southwest corner of lands herein described; thence along the northern right-of-way line of U.S. Route 11 (Carlisle Pike) North sixty-four degrees fifty-six minutes twenty-four seconds West (N 640 56' 24" W) one hundred sixty-eight and twenty-one one hundredths (168.21') feet to an iron pin; thence continuing along a curve to the left having a radius of eleven thousand five hundred nine and nineteen one hundredths (11,509,19') feet, an arc distance of forty and ninety-three one hundredths (40.93') feet to a point; thence continuing along the same by a curve to the right having a radius of forty-six (46.00') feet an arc distance of seventy-seven and thirty-four one hundredths (77.34') feet to a point on the easterly proposed right-of-way line of Skyport Road; thence continuing along the proposed Skyport Road right-Of-way line North thirty-one degrees eleven minutes sixteen seconds East (N 310 11' 16" E) one hundred forty-eight and one one-hundredths (148.01') feet to a rebar at line of lands now or late of Keystone Apple, Inc.; thence along said lands now or formerly of Keystone Apple, Inc. South sixty-four degrees fifty- six minutes twenty-four seconds East (S 640 56' 24" E) two hundred thirty-nine and twenty-four one hundredths (239,24') feet to a point at line of the aforementioned Lot #2 (Plan Book 61, Page 42); thence along said line on Lot 2 South twenty-five degrees three minutes thirty-six seconds West (S 250 03' 36" W) one hundred ninety-eight (198.00') feet to a point on the Carlisle Pike right-of-way line, the place of BEGINNING. FOR INFORMATION ONLY: 6055 Carlisle Pike, Mechanicsburg, Pennsylvania 17055 Being Tax Parcel No. 10-19-1604-419 Assessment: Land $21,650; Improvements (now demOlished) $22,760 IJ^VI NI~J1{j 111"'1 ~ II '. LOT 2 OF EXHIBIT wAw ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, shown as Lot 2 on the Preliminary/Final Subdivision and Land Development Plan of Applebee's Restaurant, Carlisle Pike, dated January 23, 1997, last revised April 15, 1997, as pre~ared by H. Edward Black and Associates, P. C" recorded fY\C\..1. \ _ , 1997 in Cumberland County Plan Book 'I '-\ , Page _g , and more particularly bounded and described as follows: BEGINNING at a rebar on the easterly proposed right of way line of Skyport Road, which rebar is at the point of intersection of the dividing line between Lot 1 and Lot 2 on the aforementioned plan; thence along said proposed right of way line of Skyport Road, North thirty-one degrees eleven minutes sixteen seconds East (N 310 11' 16" E), one hundred forty-four and twenty-four one hundredths (144.24') feet to a point at the southerly line of property now or late of Defense Activities Federal Credit Union (Deed Book F-35-53); thence along line of Defense Activities Federal Credit Union South fifty-eight degrees twenty-two minutes forty-three seconds East (S 580 22' 43" E), four hundred fourteen and seventy-nine one hundredths (414.79') feet to a rebar at the westerly line of property now or late of John and Maureen Mumma (Deed Book F-24-698); thence along said lands now or formerly of Mumma South thirty-five degrees thirty-one minutes fifty-nine seconds West (S 350 31' 59" W), seventy-eight and forty-nine one hundredths (78.49') feet to a rebar at the northerly line of property known as Lot 2 (Plan Book 61-42); thence along said Lot 2 North sixty-seven degrees sixteen minutes twenty-four seconds West (N 670 16' 24" W) a distance of one hundred seventy-four and eleven one hundredths (174.11') feet to a rebar; thence continuing along same South twenty-five degrees three minutes thirty-six seconds West (S 250 03' 36" W) a distance of eleven and seventy-five one hundredths (11.75') feet to line of Lot 1 on the plan aforementioned; thence along the dividing line between Lot 1 and Lot 2 hereof, North sixty-four degrees fifty-six minutes twenty-four seconds West (N 640 56' 24" W) a distance of two hundred thirty-nine and twenty-four hundredths (239.24') feet to a rebar on the proposed right of way line of Skyport Road, the place of BEGINNING. FOR INFORMATION ONLY: 6 Skyport Road, Mechanicsburg, PA 17055 Being Tax Parcel No. 10-19-1604-076 Assessment: Land $4,360; Improvements $45,480 = $49,840 SKVPORI l[r~lS II