HomeMy WebLinkAbout03-0246STIPULATION AGAINST LIENS
Owner
LFGC, INC
Plaintiffs
Subcontractor
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
Fritz Fire Protection Co., Inc. :
Defendant' : No. ~5>.,.~ - aT. t./~,TERM, trlq c..i~
WHEREAS, LFGC, Inc., The Pennsylvania Center, P. O. Box 1229, Camp Hill, PA
17001-1229, is about to execute contemporaneously herewith a contract with the above
identified Subcontractor of 681 Knight Road, Harrisburg, Pennsylvania 17111
Pennsylvania, for work and/or materials and/or equipment related to the installation of
Sprinkler System in the Wedge Restaurant (hereinafter called "Facility") upon a lot of land
situated in the Townships of Lower Allen and Upper Allen, County of Cumberland, State of
Pennsylvania, described set forth in Exhibit A, attached hereto:
NOW, December 20 ., 2002 , at the time of and immediately before the
execution of the contract, and before any authority has been given by the said Owner to the said
Subcontractor to commence work on the said Facility, or purchase materials for the same and in
consideration of the making of the said contract with Owner and the further consideration of One
($1) Dollar, to Subcontractor paid by Owner, it is agreed that no lien shall be filed against the
land, building, improvements, or the estate or title of Owner by the Subcontractor, nor by any
labor or materials men or workmen or any other person for any labor or materials purchased, or
extra labor or materials purchased for the erection, construction, alteration or repair of said
improvements, the right to file such liens being expressly waived.
WITNESS, our hands and seals the day and year aforesaid.
WITNESS: Owner
'~~~~~ Fritz Fire Protection Co., Inc.
EXHIBIT A
DEED
THIS DEED, made this __23rd__ day of September, 2002, between LFGC, Inc., a corporation
duly organized and existing under and by the laws of the Commonwealth of Pennsylvania, with offices
located in Camp Hill, Pennsylvania, Lower Allen Township, Cumberland County, hereinafter called
GRANTOR
AND
LFGC, Inc., a corporation duly organized and existing under and by the laws of the
Commonwealth of Pennsylvania, with offices located in Camp Hill, Pennsylvania, Lower Allen
Township, Cumberland County, hereinafter called GRANTEE
TRANSFER IS EXEMPT FROM TRANSFER TAX. CONFIRMATORY DEED TO COMBINE
PREVIOUS DEED RECORDED IN BOOK 250, PAGES 4959-4961, DATED MARCH 28, 2002
AND PREVIOUS DEED RECORDED IN BOOK 227, PAGES 540-547, DATED AUGUST 17,
2000.
WITNESSETH, that GRANTOR for and in consideration of the sum of one dollar ($1.00)
and for other good and valuable consideration in hand paid, the receipt whereof is hereby
acknowledged, do hereby grant and convey to the said GRANTEE, its heirs and assigns, the
following described real estate, to wit:
ALL THAT CERTAIN tract or parcel of land situate in the Townships of Lower and
Upper Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded
and described as follows to wit:
BEGINNING at a point in the centerline of Lisburn Road S.R. 2017 at the dividing line
between the herein described tract and lands now or formerly of Jonathan Vipond III and Tim E.
Bunner; thence along the centerline of Lisburn Road S.R. 2017 South 36° 31' 00" East a
distance of 65.06' feet to a point; thence along lands now or late of Janet L. Gunn the following
seven (7) courses:
1) South 55° 54' 00" West a distance of 409.34' feet to a point;
2) South 55° 02' 00" West a distance of 45.31' feet to a point;
3) South 72° 24' 00" West a distance of 215.70' feet to a point;
4) South 26° 57' 00" East a distance of 300.00' feet to a point;
5) North 46° 00' 20" East a distance of 295.79' feet to a point;
6) South 35° 00' 00" East a distance of 175.00' feet to a point;
7) North 54° 16' 40" East a distance of 436.96' to a point in the centerline of
Lisburn Road S.R. 2017; thence along the centerline of Lisburn Road S.R. 2017 South 39° 45'
47" East a distance of 102.79' feet to a point at the centerline intersection of Lisburn Road S.R.
2017 and Forge Road S.R. 2019; thence along the centerline of Forge Road S.R. 2019 North
41° 27' 25" East a distance of 306.00' feet to a point; thence leaving Forge Road S.R. 2019 and
along the southwestern bank of the Yellow Breeches Creek South 50° 10' 37" East a distance of
209.51' feet to a point; thence continuing along the same South 31° 53' 37" East a distance of
158.00' feet to a point; thence continuing along the same South 57° 43' 37" East a distance of
553.00' feet to a point; thence continuing along the same South 48° 58' 37" East a distance of
531.00' feet to a point at the dividing line between the herein described tract and lands now or
formerly of Lower Allen Township; thence along the dividing line between the herein described
tract and said lands of Lower Allen Township South 09° 11' 23" West a distance of 804.80' feet
to a point in the centerline of Lisburn Road S.R. 2017; thence along the centerline of Lisburn
Road S.R. 2017 by a curve, curving to the left in a northwesterly direction having a radius of
400.00' feet and an arc length of 201.93' feet to a point; thence continuing along the same by a
curve, curving to the left in a northwesterly direction having a radius of 1,552.00' feet and an arc
length of 135.44' feet to a point; thence continuing along the same North 46° 00' 00" West a
distance of 242.22' feet to a point; thence continuing along the same by a curve, curving to the
left having a radius of 1,359.45' feet and an arc length of 96.28' feet to a point at the dividing
line between the herein described tract and land now or formerly of Larry B. Shoop; thence
along said dividing line South 40° 38' 03" West a distance of 731.79' feet to a point at lands now
or formerly of Penn Valley Corporation and being known as the Allen Estates Development;
thence along the dividing line between the herein described tract and said lands now or formerly
of Penn Valley Corporation and also lands now or formerly of Henry Lenker North 82° 51' 57"
West a distance of 2,454.79' feet to a point at lands now or formerly of Doris J. Hoffman; thence
along the dividing line between the herein described tract and said of Doris J. Hoffman and also
lands now or formerly of Jay and Janet L. Shoop North 42° 00' 53" West a distance of 299.66' feet
to a point; thence along the dividing line between the herein described tract and lands now or
formedy of Nae L. Park being the preliminary plan of Placid Hill Development North 33° 33' 11" East
a distance of 892.84' feet to a point; thence continuing along the same North 69° 00' 01" East a
distance of 762.36' feet to a point; thence along the dividing line between the herein described tract
and lands now or formerly of Douglas K. Sanderson North 67° 33' 44" East a distance of 249.83'
feet to a point; thence along the dividing line between the herein described tract and lands now or
formerly of Jonathan Vipond III and Tim E. Bunner North 67° 08' 56" East a distance of 342.10' feet
to a point; thence continuing along the same North 55° 54' 00" East a distance of 306.59' feet to
a point in the centerline of Lisburn Road S.R. 2017, said point being the place of BEGINNING.
Containing 96.3251 Acres.
UNDER AND SUBJECT to:
10.
11.
12.
Rights granted to Pennsylvania Power & Light Company as recorded in Misc. Book 131,
page 505, Misc. Book 139, page 341 and Misc. Book 215, page 248;
Rights granted to Pennsylvania Power & Light Company as recorded in Misc. Book 187,
page 521;
Lower Allen Township Authority Deed of Easement and Right-of-Way as recorded in
Book 683, Page 2858;
Deed of Right-of-Way recorded in Book 225, page 46;
Deed of Easement and Right-of-Way to Lower Allen Township Authority as recorded in
Misc. Book 485, page 944;
Pennsylvania Department of Transportation right-of-way within Lisburn Road S.R. 2017
and Forge Road S.R. 2019;
Thirty (30) foot drainage easement as shown on plan recorded in Plan Book 25, page
152;
Subject to any rights of way, easements, restrictions, conditions, building setback lines,
notes and matters set forth on the plan of Marlin E. Emlet, recorded in Plan Book 25,
page 152;
Subject to Declaration of Taking filed in Misc. Book 486, page 149 and Book 488, page
642;
Possible rights of Bell Telephone Company of PA filed in Misc. Book 179, page 471;
Subject to riparian rights of others in Yellow Breeches Creek;
Any other mortgages, liens, reservations, easements and rights-of-way of record and
applicable restrictions.
Being Tracts 1, 2, 3 and 4 as shown on the Final Subdivision and Land Development
Plan for Liberty Forge Golf Course (LFGC Inc.), Recorded in Cumberland County, PA Plan
Book 85, Page 138.
AND the said GRANTOR hereby covenants and agrees that it will warrant specially the
property hereby conveyed.
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