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Home My WebLink About97-05257 KEYSTONE LODGING ENTERPRISES, L.P. Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BRECHBILL & HELMAN CONSTRUCTION CO., INC., Contractor NO. (j 7 - ,5JS~.L.D. 1997 STIPULATION AGAINST L!~ WHEREAS, Keystone Lodging Enterprise, L.P., a Pennsylvania limited partnership, of 3304 Market Street, Camp Hill, Pennsylvania 17011 (the "PartnerBhip"), record owner of the hereinafter deBcribed tract of land, haB executed or is about to execute contemporaneously herewith a contract with Brechbill & Helman Construction Co., Inc., a Pennsylvania corporation, of 1115 Sheller Avenue, Chambersburg, Pennsylvania 17201-2941 (the "Contractor"), for construction of a Sleep Inn Hotel and other improvements (collectively the "Building") on a tract of land situate at the southeast corner of 1-81 and Pennsylvania Route 34, Carlisle, Cumberland County, Pennsylvania, and being more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"); I""" NOW THEREFORE, this ~ day of AUgUBt, 1997, before any authority has been given by the Partnership to the Contractor to commence work on the Building or the Premise., or to otherwise construct any improvements thereto, or to purcha.. 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 Partnership and the further consideration of One Dollar ($1.00) to Contractor paid by the Partnership, AND INTENDING TO BE LEGALLY BOUND HEREBY, Contractor agreeB, for Contractor and for any and all subcontractorB, materialmen and all personB and parties acting or claiming for, through or under Contractor, that no mechanic's lien or other lien or claim shall be filed against the Building, PremiseB, or any part thereof, whether by the Contractor or any Bubcontractor or by any of the materialmen, workmen or any other party or perBon, for any labor, materials purchased or extra labor or materialB purchaBed, whether done pursuant to the original contract or pursuant to any amendment or supplement thereto whether verbal or written, or any Bubsequent or additional contract for extra work upon, in or about the Building or PremiBes (collectively the "Contract"). It is the full intent of the Contractor, as an independent covenant, for itself and for any and all subcontractors, materialmen, persons or parties claiming for themselves, or by, through or under the Contract or the Contractor, that the right to file a mechanic's lien under the proviBions of any law and/or of any Acts of Assembly for work done or materials furnished in connection with or in any other way related to the construction of the Building or any other work on or about the Premises is hereby waived. In order to give Owner full power and authority to protect the Premises and Building against any and all mechanic's liens or other claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of this agreement, Contractor, for itself and all such afvresaid subcontractors, materialmen and partieB acting or claiming for, through or under contractor, hereby irrevocably authorizes and empowers the prothonotary, clerk or any attorney of any court of the Commonwealth of PennBylvania or prothonotary, clerk or any attorney of any other court in any jurisdiction here or elsewhere, to appear in said court or juriBdiction for contractor, and mark satisfied of record, at the cost and expense of Contractor, or any Buch subcontractor, materialmen or party, any and all claim or claims, lien or liens filed by or for contractor, or in its or their name againBt the Premises, Building, or any part thereof, and for such act or acts, this document shall be a good and s'lfficient warrant and authority, and a reference to the court, term and number or place in which this stipulation of liens has been filed shall be sufficient evidence of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner and its attorneys and other authorized agents, any and all manner of errors, defects and imperfectionB whatsoever in entering such satisfaction or anyway touching or concerning the same. ,II I I I , (/ I " , -' fl. I ALL THAT CBRTAIN tract or parcel of land being situate in the Borough of Cl\rliale and South Middleton Township, CumlJer: land County, Pelllluy 1 V,ill I., lJo I n~1 mOl'll Cully boundnd Illld dellcribed as follO\~, to wi\;: BEGINNING at a point at the Boutheaot corner of [,ot 3 Baid point being located on the north line of a 60 foot wide right of way in line of lands of now or fomerly The Borough of Carlisle. thence along thc eaBt linc of Lot 3 the following J courses and distances: (1) North 06 degrees, 27 minutes. 00 seconds West a dj,etance of 10,00 feet to a point; (2) North 54 degrece, 22 In;lnutea, 41 seconds West a distance of 94,28 feet to a point; (3) North 19 degrees, 41 degrees. 00 seconds ElIst a diatance (If 229.65 feet to a point in the south line of Interstate 81; thence along the south line of Interstate 81 the followin~J 4 coursen and distances: (1) North 70 dp.grees, 19 minutes. 00 seconds !lant a distance of 326,29 feet to a point; (2) on a line curving to the right havillg a t-adius of 1106,20 feet and a arc length of 240_96 feet said arc being subtended by a chord of North 76 degrees, 33 min\Jtes, 25 seconds East a distance of 240.50 feet to a point; (3) North 07 degrees, 12 minutes, 09 seconds West a distance of 16.00 feet to a point; (4) on a line curving to the right having a radius of 11,549.19 fect and a arc length of 370.71 feet said arc being sub tended by a chord of North fl3 degrees, 43 mi,nutes, 01 seconds SaSl a distance of 370,69 feet to a point at the northwest corner of Lot 2; thence along the west 1_ ine of Lot 2 the following 3 coursl'Js and distances: (1) on a line curving to the right having a radius of 1407.39 feet (lnd a arc length of 171.32 feet to a point; (2) South 24 degl"een, 18 minutes, 35 seconds West a ~istance of 224.30 feet tel a point; (3) on a line curving to the left having a radius of 1457 _ 39 feet and a arc length of 185.98 feet to a point in the north line of lands of now or fOIn\e(I~' The Borough of Cat'lisle; thence along the north line of 1ando of now or formerly The Borough of Carlisle the following 2 courDes and dist.meal>: (1) North 63 degrees, 25 minutes. 38 !leconds West a distance of 561.63 feet to a point; (2) South 05 degrees, 48 minutes. 00 oeconds West a distance of 55.42 feet to a point in the north line of 60 foot wide right of way; thence alon~l the north 1 ine of a 60 foot wide right of way and continuing along the north line of lands of now or formerly The BOl.ou~h of Carlisle North 63 degrees. )) OIL11ute!l. 00 S0.cnn<!r, Wt~st a distance of l25. 03 feet to a I,olnt. tile place of UEGINNING. ('ONTAINtN(;" l~>'l I\CL-P!; of 1,Hlct, HAViNG the riqhl. easement aerOBe subdivision Plan Bngineering, Inc_ to use a .10 foot wide oanitall' Bew", Lot being more Cully shown on a Pinal (or Sleep Inn ct Carlisle prpared by Oawood 'Oll"l't 4100 / II ", .7- { \.; /U I ( I - - ..uio"W8~w,,,,'P'!. ~\b'6'~~ elN>u"^", COM"A"' LEGAL DESCRIPTION .....sa~.D.m..==.==...D=a=c===.=aac===a=......=.................. ^LL THAT CflR'I'^lN truct or parcel of land being sltuate in the Dorough of Carl i.ole and South Middleton Townshlp, Cumberland County, PenlHlyl vania being more fully bounded and described as follow, to wit: liEG'lNNINC at a poi.nt in the eaot lille of South Hanover Street aaid poin!. being located at the northweBt corner of lands of now or formerly The Borough of Carlisle; thence along the cast line of South Hanover Street the following 2 couraes and ch fltilnCeS : ( l) North 05 degrees, 49 minutes, 00 secondo Bast a distance 0 f 164,30 feet to a point; (2) South 84 degrees, 11 minutes, 00 seconds Bast a distance of 16.00 feet to a point on the south 1 ine of Interstate 8l; thence along the oouth line of Interstate 01 the following 2 courses ilnd, distances: ('.j on ,1 lwe curving to the right havin<j a radluo of 1l0, 00 teet and a arc length of 12 j 83 feet r.,llrJ arc being Gubtended by a chord of North 38 deYl'eell, 0) minuter:;, 56 sece.rrds ea6t a distance ot ll'l, 39 teet to a point; (2) North 70 degreef), 19 minutes, 00 sC!conds Ettot iI distance of 278, l6 feet to a point the nor-thwest COnlp.r of Lot 1, thence along the west line of Lot 1 the following 3 courses and distances: (1) South 19 degrees, 41 minutes, 00 seconds East a di stance of 229.65 feet to a point; (21 South 54 degr-eelJ, 22 minutes, 41 seconds West" distance of 94,28 feet to a point; (3) South 06 degrees" 27 minuteo, 00 ~econds West" distance of 10.00 feet to a pOlnt in tile north line of a 60 fooc wide right of way acr-oss the lands of now or formerly The Borough of Carlisle; thence along the north 1 ine of a 60 foot wide right of way and the Innds of now or formerly The Borough of Carlisle the following 5 courses and distance!;: (1) North 83 degrees, 33 minutes. 00 seconds West a diHtanCe of 45,00 feet to a point; (2) on a line curving to the left. hilving '1 radi.us of 180.00 feet and a arc length of 134.94 feet st1id ar-c being 6ubtellctetl by a chord of South 74 degrees, 58 mimltcs, 20 6econdG West il discance of 131,80 feet to " point; (3) South 53 degreeo, 29 minutes, 54 seconds West. a distance of 39,06 feet to a point; (4) on a l.irte curving to the rlght having a radius or 120.00 feet and a arc length of 09.53 feet sa id arc being subtended by a chord Of South 74 degrees, 56 nli.nutes, 57 secondo West a distance of 87.77 (eet to a point.; (5) Nor.th 83 degl't1cs, 36 mi.nutes, 00 oeconds West. a diotance of 78.13 feet to a point, the place Clf BEGJNNCNG CONT 1\ I N I N() , 2 S 7 ^n c s 0 f 1 il nd - UEINe.; ""l'lae:!. t" <1 ~lon \(Jll of a tl Coot 0)' Ollllenlent ilnd a 30 tCH'L \lide sanlttll-y VC'lwer mora fully GtlO....1I on " Fillcll S\Juulvitilon Illiln Carliolu prop.1l'e<l by O,lwood r.nglnceri.ny, loe:_ I H foot !I I\JI\ easement be "''I fOt" Sleep Inn ~ , i~( p' " '-..::: ..... 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