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HomeMy WebLinkAbout01-2513 FX " . O/-U/J fv)/J) T~ STIPULATI~ AGAINST LIENS ~Sv 20th THIS AGREEMENT made as of this ~ day of April 2001, by and between CAMP HILL CVS, INC. (hereinafter called the "Owner"), AND SPEEDWELL CONSTRUCTION, INC. (hereinafter called the "Contractor"). WHEREAS, Camp Hill Developers, LLC on behalf of the Owner has entered into a written agreement with the Contractor for the parcel of land situated in the Town of Camp Hill, Cumberland County, Pennsylvania located at 3201, 3215, and 3221 Market Street, Camp Hill, Pennsylvania and being more fully described on Schedule A, attached hereto and made a part hereof. WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said parcel of land, the buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Camp Hill Developers, LLC on behalf of the Owner of said contract as aforesaid, as well as the further consideration of One Dollar ($1.00) to it paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said parcel ofland, the building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractors, materialmen, and laborers for work done or materials furnished under said contract for and about the construction of said building or buildings or any part thereof, or on credit thereof; and the said Contractor, for itself and its sub-contractors and others under it or them hereby expressly waive and relinquish the right to have, file and maintain any mechanics' liens or claims against said land, the building or curtilage; and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner (or any of them) for any work done or labor or materials furnished under said contract for and about the erection, construction, and completion of said building as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise. AND, in order to give the Owner full power and authority to protect themselves and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the said Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for it in any of the said Courts of Common Pleas as Attorney for it, and in its name mark satisfied of record at the cost and expense of the Contractor or of any sub-contractor or materialman, any and all claims or claim, lien or liens, filed by or for the Contractor, or any sub- contractor or materialmen, or in his or their name against said building or building, lot or lots of ~\WlNN1\Prn~loI\DDK""D\T"'__FiI<o\01..K63IStipApDnu.-cV8clnapt1..lDI.do< 1 "j~." -"'1."."","" nc<>, . . .. ;-;'f-'::1:", "' T"b, , ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quit.claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. [SIGNATURES ON FOLLOWING PAGEl C:;.WINN1\J'Mllu\DDKidoon\TeIIIponIyIolemol~Apiod.Lieno.cVSolwopZ5Ql.doo 2 -~ . ,..,1" - > .' IN WITNESS WHEREOF, the parties have caused the foregoing Stipulation Against Liens to be executed as of the day and year first above written. b.;TJ1Jr;3> ~. 'UT: OWNER: b CAMP IllLL CVS, INC. By ~<A~ L Brenna B. ordan Its: Assistallt Secretary Duly Authorized CONTRACTOR: SPEEDWELL CONSTRUCTION, INC. Name: By: Keith Ebersole Its: Name: Duly Authorized C:\WINN'I\ProIi...IDDKld.cnIT...ponry_oIFi1oo\OlX63\S\;pAgUutu."..cV&1oopr1501.doo 3 "~I" 1""1 " .- ~ ~.~ --<--~- \' - , " COMMONWEALTH OF PENNSYLVANIA ) ) ss.: ) COUNTY OF On this _ day of April 2001, before me, the undersigned, personally appeared Keith Ebersole, who acknowledged himself to be the of Speedwell Construction, Inc. and that he as such , being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name. In Witness Whereof, I hereunto set my hand. Notary Public My Commission Expires: STATE OF RHODE ISLAND) ) ss. COUNTY OF HARTFORD ) 'lL 7::> O!!Jhisj 71l:aay of April 2001, before me, the undersigned, personally appeared ormfl()... to, 0Crrd~ who acknowledged himself/herself to be a duly authorized Officer or Agent of Camp Hill CV , Inc. and that he/she as such Officer or Agent, bemg authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name. In Witness Whereof, I hereunto set my han . . Notary Public /'?/,;?RK'r/7 'O,e~~~ My Commission Expires: / t:J.- /O)./~ C:\WlNN'N'n>l"d..IDPKkloIonITompontyinl<molF"....\OLKl;3\S\ipAgoill<lU.....cvSclo0pr2!OI.doo 4 #LlJ!l!i! _ r ..- IN WITNESS WHEREOF, the parties have caused the foregoing Stipulation Againsl Liens to be executed as of the day and year first above written. ATTEST: OWNER: CAMP HILL CVS, INC. Name: By: Name: Its: CONTRACTOR: SPEE:::;;~~ By: Cd~~ Its: Name: Duly Authorized Name: F:\My 00c"",.."'1645-l45CVS,III1.,"."""mphill palSlipulatiooAa:al06'Lirns-CY5.doo J0't65 ".1>~ _ r '" _ 'I . _ _~. " <- ., - ,-"",., ==."" . . -. COMMONWEALTH OF PENNSYLVANIA ) ) ss.: COUNTY OF ) F\fY" I On this ~O-l!l day of~ 2001, before me, the undersigned, personally appeared Keith Ebersole, who acknowledged himself to be the ()(,JIJb?f' of Speedwell Construction, Inc. and that he as such OIJ...JA1ER , being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name. In Witn~' Wh=nf, I '_In "I m~d r No Public My Commission xplres: Notanal Seal M,chele K. Hollen. Notary Public Rapho Twp., Lancaster County My Commission Expires Oct 1. 2001 Member. Pennsylvania Association of Notaries STATE OF CONNECTICUT) ) ss. COUNTY OF HARTFORD ) On this _ day of March 2001, before me, the undersigned, personally appeared , who acknowledged himself/herself to be a Member of Camp Hill CVS, Inc. and that he/she as such Member, being authorized so to do, executed the foregoing instrument for the purposes therein conlained by signing his name. In Witness Whereof, I hereunto set my hand. Notary Public My Commission Expires: "IMyDocumenlsl64l')41 cvs......""'comphillpalSupullltion "'Po<! ~i.....cvS.doc ~I;p ."-: ""'I 3215 MARKET STREET: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On lhe North by Market Street; on lhe easl by lands now or lale of Oliver L. Miller and Edna R. Miller; on the south by lands now or formerly of Me I Herman; and on the west by Lot No.2 on the Plan of Lots hereinafter mentioned, now or formerly of Caleb S. Brinton and Charles P. Adams; said lot containing fifty (50) feet in front on the south side of Market Street and extending back an even width two hundred seventeen (217) feet, more or less, on the east side, and two hundred eighleen and seven tenths (218.7) feet on the west side to lots now or formerly of Mel Herman aforesaid. BEING the western half of Lot No. I of lhe Plan of Lots of Rupp Tract laid out by John F. Dapp, Robert L. Myers and Caleb S. Brinton; said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 14. HAVING thereon erected a two and one half story brick house known and numbered as 3215 Market , Street, Camp Hill, Pennsylvania. ALSO BEING DESCRIBED by a survey of the premises performed by Whitlock & Hartman, Registered Surveyors, dated January 3,1986 as follows, to wit: BEGINNING at an iron pin on the south side of Market Street, which pin is one hundred thirty-two (132) feet, more or less, from 32nd Street; thence S. 090 0 l' 21" W. a distance of two hundred seventeen and twenly-three hundredths (217.23) feet 10 an iron pin; thence N. 820 24' 32" W. a distance of fifty and two hundredths (50.02) feet to an iron pin; thence N. 090 01' 21" E. a distance of two hundred eighleen and sevenly hundredths (218.70) feet to a point on the south side of Market Street; thence S. 80043' 28" E. a distance of fifty (50) feel to an iron pin, the place of BEGINNING. AND 3221 MARKET STREET: ALL THAT CERTAIN house and 101 of ground situate in lhe Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on Market Street at the dividing line belween LoIs Nos. I and 2 on the hereinafter menlioned plan of lols; lhence Wesl along Market Streel, a dislance of fifty (50) feet to a point; thence South at right angles to Market Street, a distance of three hundred (300) feet to the southern boundary line of Lol No.2; lhence Easl along lhe southern boundary line of Lot No.2, a distance of eight and three-tenths (8.3) feet to a point; thence North along lands now or formerly of Mel '"~iTl 'T",' ",. 1""'1 " .- Herman and John F. Dapp, el a!., a distance of seventy-four and one-tenth (74.1) feel to a poinl; thence East along the southern boundary line of Lol No.2 and along lands now or formerly of Mel Herman, John F. Dapp et aI., a distance offorty-eight and nine-tenths (48.9) feet to a point in the division line of Lots Nos. 1 and 2; thence North along the division line of Lots Nos. I and 2, a distance oftwo hundred twenty-three and seven-tenths (223.7) feet to Market Slreel, the place of BEGINNING. AND 3201 SOUTH MARKET STREET: ALL THOSE certain three tracts of land situate in lhe Borough of Camp HilI, Cumberland Counly, Pennsylvania, bounded and described as follows: TRACT NO. I: BEGINNING at a point marked by an iron pin in the south property line of Market Street (50 feetin width) which point is 750 feet east of the southeastern intersection of Market Streel with Rupp Street (40 feet in width), said point is further described as the northeastern comer of the property now or late of Harry Bricker; thence along the east property line,ofthe said Harry Bricker South 06 degrees 06 minules Easl, 202.30 feet to an iron pin at the northwesterly comer of the land now or late of Emory Armstrong Fisher; thence along the same North 82 degrees 06 minutes East, 71.32 feet to the northeastern corner of the land now or late of Emory Armstrong Fisher; thence along the westerly line of property formerly of Raymond V. and Mary D. Herman, and continuing along the westerly line of property now or late of Melvin P. Herman, North 12 degrees II minutes West, 201.2 feet to an iron pin in the south properly line of Market Street; thence along the said south property line South 83 degrees 54 minutes west, 50 feet to an iron pin, the point and place of BEGINNING. CONTAINING 0.280 ofan aCre of land be the same more or less. TRACT NO.2: BEGINNING at lhe intersection of the soulh side of Markel Slreel and the west side of Soulh 32nd Street; thence exlending South 12 degrees 06 minules Easl along lhe west side of Soulh 32nd Streel a distance of 126 feet 10 a point in line ofland now or lale or Raymond V. and Mary D. Herman; thence extending South 77 degrees 54 minules Wesl along said land now or lale of Raymond V. and Mary D. Herman a dislance of80.91 feel to a poinl in line ofland now or late of The Atlantic Refining Company; thence extending North 12 degrees 11 minutes West along said land now or late of The Atlanlic Refining Company a distance of 134.5 I feel 10 a point on the soulh side of Markel Street; thence North 83 degrees 54 minutes East along the south side of said Market Street, a dislance of 81.8 feet to the poinl and place ofBEGfNNING. ? ',t;~~,_ ,-, ~r'I"~' - TRACT NO.3: BEGINNING at a point on the western lines of South 32nd Slreel (U.S. Route Nos. I I and 15) (80 feet wide) said poinl being 126.36 feet Soulh of the intersection of the western line of South 32nd Street and the southern line of Market Street (50 feel wide) (both extended); extending thence (I) along the western line of South 32nd Street, South 12 degrees 6 minutes East 91 feet to an iron pipe at a corner ofland now or late of Emory Armslrong Fisher; thence (2) along said land, Soulh 77 degrees 54 minutes West 80.2 feet to an iron pipe, a corner; thence (3) sliII along said land of Fisher and along land known now or late as No. 3209 Market Street, North 12 degrees 6 minutes West 91 feet to a corner ofland now or late of The AtIanlic Refining Company; and lhence (4) along said land North 77 degrees 54 minutes East 80.2 feet to the first menlioned poinl and place of BEGINNING. THE ABOVE DESCRIBED PARCELS COMBINED ARE DESCRIBED BY ITS PERIMETER DESCRIPTION PER ALTAlACSM LAND TITLE SURVEY PREPARED BY HARTMAN & ASSOCIATES, DATED OCTOBER 31, 2000, PROJECT #00133. ."..AI 1-"'~"lllN 32Q1.~.5 ANn 3~ UARIa:'T STrtr.PI~ All. THAT ~TAIN TRACT OR PARca OF LAND SlruATC: ON THE SOUTH'!tEST CORNER OF MARKET STREET AND SOUTH 321'10 STREET, CAMP HILL BOROUGH, CUMBERLAND COUNTY, PENNS'I'lVANIA. BEING MORE !'ARllCULARLY,BOUNDED AND DESCRIBED AS FOlLOWS: BEGINNING AT A POINT ON THE ,SOUTHERN RIGHT-OF-WAY UNE OF MARKET STREET (S.R. 1010) A FlFTY-FooT (SO') WIDE PUBUC RIGHT-OF-WAY AT THE 'M;;S1ERN END OF CURVE CONNECllNG THE SOUTHERN RIGHT-OF-WAY UNE OF MARKET STREET TO THE 'M;;STERN'RIGHT-OF-WAY UNE OF MARKET STREET TO THE \'tf:STERN RIGHT-OF-WAY UNE OF SOUTH 321'10 STREET (s.R. 0011): A ONE , HUNDRED-FOOT (100') WIDE: THENCE IN A SOUTHEASTERLY DIRECllON ALONG THE AFOREMENllONED RIGHT-OF-WAY CURVE, CURVING TO THE RIGHT. HAVING A RADIUS OF FlFTY-FEET (R - 50.00'), AN ARC LENGTH OF SEVENTY-THREE AND SEVENTY-'FOUR HUNDREDTHS FEET (L _ ii74') , AND A CHORD BEARING OF SOUTH FlFTY-FOUR DEGREES, TWO MINUTES, TWENTY-ONE SECONDS EAST. A DISTANCE OF SIXTY-SEVEN AND ~NTY-FOUR HUNDREDTHS FEET (CHD -, S.54' 02' 2,' E., 67.24') TO A POINT ON THE 'M::STERN RIGHT-OF-WAY UNE OF SOUTH 32ND STREET; THENCE ALONG SAID RIGHT-Ol'-WAY SOUlH ELEVEN DEGREES. I'ORTY- SEVEN MINUTES. ~TY-ONE SECONOS EAST (5. t,' 41 21' E.) A DISTANCE OF ONE HUNDRED SEVENTY-ONE AND EIGHTY-SIX HUNDREDlHS,!'l:ET (171.88') TO A PIPE (FOUND) AT LANDS NOW OR LATE OF TALPIER ASSOCIATES. LP.; THENCE ALONG SAID LAND SOUTH SEVENTY-EiGHT DEGREES, FlrnEN MINUTES"ONE 'SECOND WEST (s. 78' 15' 01' W,) A DISTANCE 01' SEIIl':NTY-NINE AND TWENTY-FlVE HUNDREDTHS FEET (79.25') TO A POINT, THENCE ALONG TllE SAME NORlH ELEVEN DEGREES, THIRTY-EIGHT MINUTES. 'FORTY-NINE SECONDS ,'!tEST (1'1. "' 38' 49' W.) A DISTANCE OF TWENTY-FOUR AND TWENTY-FOUR HUNOREDTHS FEET (24.24') TO AN IRON PIN (FOUND), THENCE ALONG THE SAME SOUTH EIGHTY-ONE DEGREES, THIRTY-THREE MINUTES. THIRTY-ONE SECONDS '!tEST (S. 81' 33' 31' W.) A DISTANCE OF SEVEN.TY-TWO AND ~NTY-TWO , HUNDREDTllS FEET (72.22') TO AN IRON PIN (I'OUNO), THENCE ALONG THE SAME SOUTH' Fllll': DEGREES, THIRTY-SE'JEN M1NUTES. THIRTY-flVE SECONDS E"'ST (s. 05' 37' 35" E.) ... DISTANCE OF FlF1EEN FEET (15.00') TO ... POINT; THENCE ALONG THE SAME SOI,JTH EIGHTY-TWO DEGREES, fiFTEEN MINUTES, FORTY-NINE SECONDS,WEST (5. 82.,5' 49" W.) A DISTANCE,OI' EIGHT ANO,SEVENTY-SEVEN HUNOREDTHS FEET (6.77') TO ... POINT, THENCE "'LONG THE S"'ME SOUTH EIGHTY-TWO DEGREES, FOURTEEN MINUTES, TWENTY-TWO SECONOS 'M;;ST (S. 82. '4' 22" W.) A DISTANCE OF SEVENTY-NINE "'1'10 elGHTY-THREE HUNDREDTHS FEET (79.83') TO "'1'1 IRON PIN (I'OUND): THENCE ALONG THE S"'ME SOUTH ElEVEN DEGREES, THIRTY-ONE MINUTES. TWENTY-TWO SECONDS E"'ST (s. ". 31' 22" E.) ... OISl;ANCE OF SEVENTY-FlVE "'ND lWENTY-TWO HUNDREDTHS FEET (75.22') TO A POINT,"'T LANDS -,-.",~- . 11!!IiII~, ,_ ..". ~ ~_ " ...," ,..-1""1, ......".....~ . . , '. .._~_.,----- --'....._--. -...- ..,- -'---~._- ~ ..-------- --.-.-- 'NOW OR LA lE OF DANIEL M. JONES: THENCE ALONG SAIO LAND SOVltt EIGHTY-THREE OEGREES. 'FlFiY-S1X MINUlES, THIRlY-FOUR SECONOS \\EST (5. 83' 56' 34" W.) A DISTANCE Of' ElGHra:N AND S1XlEEN HUNDREDTHS FEET (18.16') TO AN IRON PIN (FOUND) AT LANDS to<<lW OR LATE OF SCOTT LAIRO : THENCE ALONG SAID LAND NORTH SIX DEGREES. EIGHT MINUlES, l'IIENTY-S1X SECONOS \\E)ST (N. 06' OS' 26" W.) A DISTANCE OF lWO HUNDRED NINElY-FOUR AND Fl"'" TENTHS FEET (29<1-.50' TO AN IRON PIN (FOUND) ON THE SOUTHERN RIGHT-OF-WAY UNE OF MARKET SlREET: THENCE ALONG THE SOUTHERN RIGHT-OF-WAY UNE OF MARKET SlREET NORTH EIGHTY-THREE DECREES. FORTY-TWO MINUTES, THIRlY-NINE SECONOS EAST (N. 83. 42' 39" E.) A DISTANCE OF ONE HUNDRED EIGHTY-SIX AND THIRTY':'5E'<9I HUNDREDTHS FEET (186.37') TO A POINT ON THE SOUTHERN RIGHT-Of'-WAY UNE OF MARKET SlREET, AT THE \\ESTERN END Of' CUR"'" CONNECTING THE SOUTHERN RIGHT-OF-WAY UNE OF MARKET SlREET TO THE \\ESTERN RIGHT-OF-WAY UNE Of' SOUTH 32N0 SlREET, THE PlACE Of' BEGINNING. CONTAINING: 52534.57 SQUARE FEET OR 'l.2060 ACRES. , ' BEING KNO\\N AS: 3201, 3215. AN03221 MARKET SlREET CAMP Hlu.. PA 17011 (TAX PARCELS 21-273-364, 365, AND 366) t I I II ,...~..~.o;---'_____~,_, _ : '~:;'~:::_' \ "",~"',""'" .~ 0__ , .!'f'1 ~.^ ' ,--" -~ '-'~ ""'"' ~. -,,,-,,,, , ~'> .w,'_' ;;~, _, ~ -.' "~"~" , ";'l<'" ~_ '-,,,.,_,"",-,_' q "".'",--;:;-""""'",',","',:;'-" '=--~__,'_ -,~""=_~ ",. 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