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HomeMy WebLinkAbout00-08252 " . H,~.~ - ~ .,._ ~'- "..'\~'-''"'',,_.,.- "0"0] c_~"'_"' ~ L_ . '- _.'::.:0:,'.. .;-~t -'-~ " k" "-ii, , ". BISHOP PLACE, LLC, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Owner v. :NO. , 2000 - ~~5~ m l..P MILLER & NORFORD, INC., Contractor :FILED: November 2000 STIPULATION AGAINST LIENS WHEREAS, BISHOP PLACE, LLC, a Pennsylvania limited liability company, Owner of the approximate 4.57 acre tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, (the "Property"), has executed or is about to execute contemporaneously herewith a Construction Contract with MILLER & NOR- FORD, INC., the Contractor, with its principal place of business located at 700 Ayers Avenue, Lemoyne, Pennsylvania, for the construction of a commercial warehouse and office building, and other improvements to, certain portions of the Property, which is more particularly bounded and described on Exhibit "A", appended hereto and made a part hereof (the "Premises"). NOW, THEREFORE, this 20th day of November, 2000, before any authority has been given by BISHOP PLACE, LLC, to MILLER & NORFORD, INC., the Contractor, to commence work on said facilities, or purchase materials for the same, in consider- ation of the making of the above-described contract with MILLER & NORFORD, INC., the Contractor, and in further consideration of One Dollar ($1) paid to the Contractor by Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims ~'~ '" ~-- ~' ',^ -'--~-.,,^ ',".o,."~l',:,y" '",_,,'. <,_.',__ :":"'~:;.~~I"i _"', ~, ~ shall be filed or maintained against the Owner's facilities and the Premises above- described by the Contractor, or any subcontractor, 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 and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facili. ties and Premises above-described being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen or workmen and others acting through or under them. IN WITNESS WHEREOF, each of the parties, or by their duly authorized representatives, have hereunto executed this Stipulation Against Liens this 20th day of November, 2000. WITNESS: BISHOP PLACE, LLC By: H. Leslie Bishop, Man "Owner" ATTEST: MILLER & NORFORD, INC. "Contractor" -2- "V,H , __~_" '_.c";' tc" ." ,-,",,'~ ". / 1--. -- ',,.-.-, H __ '<"^, __ '1_, 4,__ '-__ 1 - ".' ""-,-1.:- ','; I:: I , '~ COMMONWEAL TH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this, the~ay of November, 2000, before me, the undersigned officer, personally appeared H. LESLIE BISHOP, who acknowledged himself to be Manager of BISHOP PLACE, LLC, a Pennsylvania limited liability company, and that he as such officer, being duly authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the company by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. u~~ f1~ Notary Public C " NOTARIAL SEAL I MARJORIE L. JOHNSON, Notary Public Lemoyne Boro, Cumberland County M Commission Expires April 7, 2003 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this, the day of November, 2000, before me, the undersigned officer, personally appeared PHILLIP C. GOTH, who acknowledged himself to be Vice President of MILLER & NORFORD, INC., and that he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Nota!2'~ublic _ I Notarial S"al KelWin Ste11~3r, Notary pubric Lemoyne Bom, Cumoor[nno1 Count" ~ My CQmrniss!-on Expii'W:: ~Itily .2H, 2004 IT7:;;;~;!.~ f~:~;~;~;ij';:1i;i,t~~S~~G-;,;i-j(;:;(,~j~j;t:~!:;J:~i -3- ,--..u ~ "-I," ' L-, , L~'," <d " J'" ALL THAT CERTAIN piece or parcel of land situate, situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of South 19'" Street (60 feet wide) at a corner of land, now or formerly of the Heyd Estate, thence South 59 degrees 23 minutes West three hundred forty-six and five tenths (346.5) feet to a point, thence still along land of Heyd Estate South 33 degrees 7 minutes East one hundred twenty (120) feet to a point at the land now or formerly of the Pennsylvania Railroad; thence, South 59 degrees 8 minutes West along said railroad land three hundred twenty-seven and five tenths (327.5) feet to a point; thence still along said railroad land South 63 degrees 3 minutes West six hundred sixty-four and seven tenths (664.7) feet to a point; thence, still by said railroad land South 70 degrees 53 minutes West five hundred twenty-five and nine tenths (525:9) feet to land now or formerly of Fred Fiala; thence, along said land of Fred Fiala North 9 degrees 7 minutes West three hundred thirteen (313) feet, more or less to a point opposite the southerly line extended of Lot No. 102, Section "C. as shown on the Plan of College Park; thence along the southerly line of Section "C" and Section "N of College Park North 75 degrees 29 minutes East one thousand six and three hundredths (1006.03) feet, more or less to a point; thence still along Section "A" College Park North 59 degrees 43 minutes East seven hundred fifty-two and eighty-three hundredths (752.83) feet to a point on the West side of South 19th Street; thence South 35 degrees 37 minutes East along the West side of South 19th Street thirty-five (35) feet more or less to a point, the place of BEGINNING. LESS AND EXCEPT the portion of the above-described premises located on the North side of the right-of-way for the Harrisburg Expressway (also identified as L.R. 767 and as Pennsylvania Route No. 581) containing an area of 1.55 acres and having been conveyed by George C. Kichman and Edward L. Seitz to Joel T. Miller and Edward R. Norford in their deed, dated 13 May 1969, and recorded on 19 May 1969, in the Cumberland County Deed Book F, Volume 23, Page 416; said portion or tract being also identified as Cumberland County Tax Parcel No. 01-22-0536-336. LESS AND EXCEPT the portion of the above-described premises taken for and occupied by the right-of-way for the Harrisburg Expressway (also known as L.R. 767 and as Pennsylvania Route No. 581). UNDER AND SUBJECT, to easements and rights-of-way (including those of the Commonwealth of Pennsylvania for Highway purposes, for or related to the above-mentioned Harrisburg Expressway), conditions and restrictive covenants of record. The premises herein conveyed contain, after deduction for the aforesaid exceptions, approximately 4.57 acres, and are also identified as Cumberland County Tax Parcel No. 01- 22-0536-339. BEING the same premises by which Dauphin Deposit Bank and Trust Company, Trustee for the benefit of Carol Ann Freed under Item V of the Will of Catherine M. Kichman, Deceased, by its Deed, dated 28 April 1995, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 121, Page 586, conveyed its one-half (1/2) undivided interest in the above-described premises to the Grantor herein and by which Mary Ann Seitz, Administratrix of the Estate of Edward L. Seitz, a/kJa Edward L. Seitz, Jr., by her Deed, dated 28 April 1995, and recorded in Deed Book 121, Page 591, conveyed its one-half (1/2) undivided interest in the above-described premises to the Grantor herein, thereby uniting full title to the above-described premises in the Grantor herein, T/l.<I1f1Bt1u- v,p."'''ffl'#, 6M!''TiJt\. 1i> Ih&#.f fl-/H.t. l-c.. c.. , ~ /lJ-till;P- II "" ~;1\It"".,";~'"'..... -";~';;"'~~~~~~~!i/:l.k\l.k1w;;MIil~~'"'-~""I~':J1lir;,jrffi;;j,,'!!;l~iil~~iliti.l"'i ~....k",~ ~ri!""""-~iIliiIiiII.' '-I " c' ~ (\ 0 ~ ~ '""(J -j n^i " "'1 ~ :;::: 0 (j5 !'"'J ---;:1 G ,"..> CJ ~. " _:'; ('~) \) ...... -;:;., ~::: ~ s;:).. ~~ -V ~?fl ~ V, -'" 9.J v.l r.- :=;[--,-1 '"' ~ Z :> ::< <0 :..U ,-< ,~,~~; ~ " "~ ,