HomeMy WebLinkAbout01-2514
, .
.
C>l- ;2SI'i /11W'0wt
STIPULATION AGAfNffJtl~S
THIS AGREEMENT made as of this ~ ~y of April 2001, by and between CAMP
HILL DEVELOPERS, LLC (hereinafter called the "Owner"),
AND
SPEEDWELL CONSTRUCTION, INC. (hereinafter called the "Contractor").
WHEREAS, 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 Owner of said contract as aforesaid, as well as the further consideration of
One Dollar ($1.00) to it paid al 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 of land,
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 Contraclor, for itself and its sub.contractors and others under il 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 shaH look to and hold Contraclor personally liable for all sub.contracts, materials
furnished and work and labor done, so that lhere 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 aboul 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 10 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 lhe 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 lols of
ground or any parI 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
E:\M~Do<u"""'IsI64$-34~CVS,_'''o'lIIjIhill""lSripul.liOllA&ofu''U",..DEVELOPERs.do<
1
11,..
~ 1- , , i"
.,,-e.,- /""'!f""""
~_~~""",,~ ~~rT"'''-''''''''''''f"
'"
I'
have been filed shall be a sufficient exhibit of the authority herein contained to warrant such aclion,
and the Contractor does hereby remise, release and quit-claim all rights and all manner of errors,
defects and imperfections whatsoever in entering such salisfaction or in anywise touching or
concerning the same.
{SIGNATURES ON FOLLOWING PAGE]
E:\My Docum,."\64S_J4S cvs, nw\<" "nmp hill p.'1Stip,l.tioo Api,,,, ~i<l1$.OF.VELO~ERS."""
I' ~
, ~
"l"1
2
r , , .
IN WITNESS WHEREOF, the parties have caused the foregoing Stipulation Againsl Liens
10 be executed as of the day and year first above written.
ATTEST:
OWNER:
CAMP HILL DEVELOPERS, LLC
Its:
I"'.bo-/
By:
CONTRACTOR:
SPEEDWELL CONSTRUCTION, INC.
Name:
By:
Keith Ebersole
Its:
Name:
Duly Authorized
E:1MyDoc"....l$\64~l4~CVS.m.rl<t"CDmphillp"\S~p"I";O"^l!'i"..Li,"'.DEVEl.OPERS.doc
3
'.".
" .'
, '
1"'1
"
.,
COMMONWEALTH OF PENNSYL VANIA )
) ss.:
COUNTY OF )
On this day of March 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 lherein contained by signing his name.
In Witness Whereof, I hereunto set my hand.
Notary Public
My Commission Expires:
STATE OF CONNECTICUT)
) ss,
COUNTY OF HARTFORD)
;J Aflt\\.. '1.00'
On this 1-3 day of Marsk 2&el, before me, the undersigned, personally appeared
Joseph R. Baranowski, who acknowledged himself 10 be a Member of Camp Hill Developers, LLC,
and that he as such Member, 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.
. r H->4
Notary Public
My Commissi n Expires:
KELLY JI. VOSS
NOTARY PUBUC
MY COMMISSION EXPIRES OCT. St, 200S
E:WyDo<.me,,,\I)4S.J4SCVS,rMtt<lJil'omphillp.\Slipuloti,,,,Api,"lli<n>.DEVELOPERS."""
4
<--,.,,-
_'O~, .
rtl r~
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.
ATTEST:
OWNER:
CAMP HILL DEVELOPERS, LLC
Name:
By:
Name:
Joseph R. Baranowski
Its: Member
Duly Authorized
CONTRACTOR:
Name:
SPEEDWELL CONSTRUCTION, INC.
BY~~
. Keith El:iersole
Its:
Name:
Duly Authorized
f:\M~Do<"m<n<s\64S.:WSCVS._E"oamphillp"\St;p"lol!on!\p;",'Li,,,,.DEVELOPERS.dOO
~t~
-.,,~- I"
II
-
COMMONWEALTH OF PENNSYL VANIA )
) ss.:
COUNTY OF )
P, n'/
On this ~o-IJ. day of~OOI, before me, the undersigned, personally appeared Keith
Ebersole, who acknowledged himself to be the oWIIlEJe of Speedwell Construction, Inc.
and that he as such (")r.l(/t:<!l , being autjJ.orized so to do, executed the foregoing instrumenl
for the purposes lherein conlained by signing his name.
In Witness Whereof, I hereunto set my hand.
iIt!,d ~t;WA"
N tary Public '
My Commission xpires:
Notar,al Seal bl'c
Michele K, Hollen. Nota1;PU nty
RaphO Twp" LancasteOcl oy 2001
My Commi..,on Expires , ., ,
Member, penoeylvenia A..oClallon 01 Notanes
STATE OF CONNECTICUT)
) ss.
COUNTY OF HARTFORD)
On this _ day of March 2001, before me, the undersigned, personally appeared
Joseph R. Baranowski, who acknowledged himself to be a Member of Camp Hill Developers, LLC,
and that he as such Member, 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:
F:Wy llocomcnts\64S.:>I~CVS.IIIMI<<''''''''''phm palSlipullllionAgolfl8lLi"".DI!VELOPSRS.do<
.k' ~ /ltS
~- ~~~I -~":"':I' ~ ,,~ - '.
1""'11
. ~"
T- "
.
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 the North by Market Street; on the east by lands now or late 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 10 lots now or formerly of Me I Herman aforesaid.
BEING the western half of Lot No.1 of the 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 I, 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 Whittock & 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 320d Street; thence S. 090 0 I' 21" W. a distance of two hundred seventeen
and twenty-three hundredths (217.23) feet to 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
eighteen and seventy hundredths (218.70) feel to a point on the south side of Market Street; thence S.
80043' 28" E. a distance of fifty (50) feet to an iron pin, the place of BEGINNING.
AND
3221 MARKET STREET:
ALL THAT CERTAIN house and lot of ground situate in the 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 al the dividing line belween loIs Nos. 1 and 2 on the
hereinafter menlioned plan of lots; thence West along Market Streel, a distance of fifty (50) feet to a
point; thence Soulh at right angles to Market Street, a distance of three hundred (300) feet to the
southern boundary line of Lot No.2; thence Easl along the soulhem boundary line of Lot No.2, a
distance of eight and lhree-tenths (8.3) feel 10 a point; lhence North along lands now or formerly of Me I
-,- A"'_C~ -1
. r"I,
Herman and John F. Dapp, et al., a dislance of seventy-four and one-tenlh (74.1) feet to a poinl; thence
East along the southern boundary line of Lot No.2 and along lands now or formerly of Mel Herman,
John F. Dapp et aI., a dislance offorty-eighl 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. 1 and 2, a distance of two hundred
twenty-three and seven-tenths (223.7) feet to Market Street, the place of BEGINNING.
AND
3201 SOUTH MARKET STREET:
ALL THOSE certain three tracts of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO. 1:
BEGINNING al a point marked by an iron pin in the south property line of Market Street (50 feet in
width) which point is 750 feet east of the soulheastern intersection of Market Street 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 of the said Harry Bricker South 06 degrees 06 minutes
East, 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 comer 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 11 minutes West, 201.2 feet 10 an iron pin in the south property
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 the intersection of the soulh side of Market Slreel and the wesl side of South 32nd
Street; thence extending South 12 degrees 06 minutes East along lhe west side of South 32nd Streel a
distance of 126 feel to a point in line of land now or late or Raymond V. and Mary D. Herman; thence
extending South 77 degrees 54 minules Wesl along said land now or late of Raymond V. and Mary D.
Herman a distance of80.91 feel 10 a poinl in line ofland now or late of The Atlantic Refining Company;
thence exlending North 12 degrees 11 minutes West along said land now or late of The Atlantic
Refining Company a distance of 134.51 feet to a poinl on the south side of Market Streel; thence North
83 degrees 54 minules East along lhe south side of said Market Street, a dislance of 81.8 feet to the point
and place of BEGINNING.
or- ~>'I-- ~--
~ ,~
II
,
-
TRACT NO.3:
BEGINNING al a poinl on the western lines of Soulh 32nd Streel (U.S. Roule Nos. II and IS) (80 feet
wide) said poinl being 126.36 feel South of the interseclion of the western line of South 32nd Street and
lhe southern line of Market Street (50 feet wide) (both extended); extending thence (1) along the western
line of South 32nd Street, South 12 degrees 6 minules Easl 91 feel to an iron pipe at a corner ofland now
or lale of Emory Armslrong Fisher; thence (2) along said land, Soulh 77 degrees 54 minutes West 80.2
feet to an iron pipe, a corner; lhence (3) still along said land of Fisher and along land known now or late
as No. 3209 Market Street, North 12 degrees 6 minules West 91 feet to a corner ofland now or late of
The Atlantic Refining Company; and thence (4) along said land North 77 degrees S4 minutes East 80.2
feet to the first menlioned point and place of BEGINNING.
THE ABOVE DESCRIBED PARCELS COMBINED ARE DESCRIBED BY ITS PERIMETER
DESCRIPTION PER ALTNACSM LAND TITLE SURVEY PREPARED BY HARTMAN &
ASSOCIATES, DATED OCTOBER 31, 2000, PROJECT #00133.
In'"..&l r~___I~ 3'201.:w1!!) ANn 3m "'~ ~)~
All. lHAT CfRTAIN TRACT OR PARCEl. OF'LAND SlTUAIE ON lHE SOUlHWEST CORNER OF'MIIRKET
STREET AND SOUlH 32NO STREET, CAMP HILL BOROUGH, CUMBERlAND COUNTY, PENNSYLVANIA. BEING
MORE !,ARTICULARLY,BOUNDED AND DESCRIBED AS FOLLOWS: '
BEGINNING AT A POINT ON lHE .sOUlHERN RIGHT-OF"-WAY UNE OF' MARKET STREET (S.R. 1010) A
FlFTY-F"OOT (50') WIDE PUBUC RIGHT-OF'-WAY AT lHE WESlERN END OF' CURVE CONNECTING lHE
SOUlHERN RIGHT-OF'-WAY UNE OF" MARKET S1REET TO '!HE WESTERN'RIGHT-OF-WAY UNE Of' MARKET
STREET TO lHE 'M:STERN RIGHT-OF'-WAY UNE OF" SOUlH 32NO STREET (S.R, 0011); A ONE .
HUNDRED-FOOT (100') WIDE; lHENCE IN A SOUlHEASTERLY DIRECTION ALONG lHE AF"OREMEN1l0NED
RIGHT-OF-WAY CURVE. CURVING TO lHE RIGHT, HAVING A RADIUS OF FlFTY-FEET (R . SO.OO'), AN
ARC LENGlH OF S1::VENTY-lHREE AND SEVENTY-'FOUR HUNOREDlHS mt (L . 13.74') . AND A
CHORD BEARING OF SOUlH FlFTY-FOUR DEGREES, TWO MINUTES, l'M:NTY-ONE SECONDS EAST, A
DISTANCE OF SIXTY-SEVEN AND TWENTY-FOUR HUNOREDlHS FEET (CHO ..5. 54' 02' 21' E.. 67.24')
TO A POINT ON lHE 'M:SIERN RIGHT-OF'-WAY UNE OF" SOUlH 32ND STREET; THENCE ALONG SAID
RleHT-OF"-WAY SOUlH ELEVEN DEGREES, F"ORTY- SEVEN MINUTES, TM!NTY-ONE SECONDS EAST (S.
11' 47' 21' Eo) A DISTANCE OF ONE HUNDRED SEVENTY-ONE AND EIGHTY-SIX HUNDREOlHS FEET
(171.88') TO A PIPE (FOUND) AT LANDS NOW OR LAiE OF TALPIER A~ATES. LP.: lHENCE ALONG
SAID LAND SOUlH SEVENTY-EIGHT DEGREES. FlFiEEN MINUiES..ONE 'SECOND WEST (5. 78. tS' 01' W.)
A DISTANCE OF" SEVENTY-NINE AND TWENTY-FlVE HUNDREDlHS F[ET (79.25') TO A POINT; TIlENCE
ALONG THE SA"'E NORlH ELEVEN OEGREES, lHIRTY-EIGHT "'INUiEs'F"ORTY-NINE SECONOS ,\lEST (N.
I" 38' 49' W.) A DISTANCE OF' TWENTY-F"OUR AND TWENTY-F"OUR HUNDREDTHS FEET (24.24') TO AN
IRON PIN (F"OUND); lHENCE ALONG lHE SA"'E SOUlH EIGHTY-ONE DEGREES, lHIRTY-lHREE M'NUiE5,
lHIRTY-ONE SECONDS 'M:ST (5. 81.33' 3" W.) A DISTANCE OF" SEVEN,TY-TWO AND TWENTY-TMJ ,
HUNDREDTHS FEET (72.22') TO AN IRON PIN (F"OUND): lHENCE ALONG lHE SA"'E SOUlH' FlVE
DEGREES, THIRTY-SEVEN "'INUIES, lHIRTY-FlVE SECONDS EAST (5. 05' 37' 35" E.) A DISTANCE OF'
FlmEN FEET (15.00') TO A POINT; nlENCE ALONG THE SAME SOUnl EIGHTY-'lWQ DECREES, AmEN
"'INUTES, F"ORTY-NINE SECONDS WEST (s. 82" 15' 49' W.) A DISTANCE,OF" EIGHT AND,SEVENTY-SEVEN
HUNOREDTHS FEET (8.77') TO A POINT; lHENCE ALONG lHE SA"'E SOUlH EiGHTY-TWO DEGREfS,
F"OURTEEN "'INuIES, TWENTY-lWO SECONDS WEST (5. e2' 14' 22' W.) A DISTANCE OF' SEVENTY-NINE
AND ElGHTY-lHREE HUNOREDlHS FEET (79.83') TO AN IRON PIN (FQlJND): lHENCE ALONG lHE SAME
SOUTH EUVEN DEGREES, lHIRTY-ONE MINUiE5, TWENTY-TMJ SECONDS EAST (s. 11' 31' 22' E.) A
OIStANCE Of" SEVENTY-FlVE ANO lWENTY-TWO HUNOREDlHS FEET (7S.22') TO A POINT, AT LANDS
\""?''''-<;~-''I~ , '"
r1'
'"
\
...~
,.. :'.~_.o....._.___""':'_"",_"_.,_". ,_,_~~.~...._....~':'__.....;._,_...:.....-_..__., -"'..-...._...,._."".._ __........:....-_____ ~_"~__________."'_'
'NOW OR LA TE ~ DANIel. M. JONES; THENCE ALONG SAIO LANo SOUltl ElGHlY-THREE OEGREES.
'FIFTY-SIX MINUTES, lHIRTY-FOUR SECONOS ~ST (5. 83' 56' 34. W.) A DISTANCE Of EIGHTEEN AND
SIXTEEN HUNDREDTHS FEET (18.16') TO AN IRON PIN (FOUND) AT LANDS ~W OR LATE OF SCOTT
LAIRO : THENCE ALONG SAID LAND NORTH SIX DEGREES, EIGHT MINUTES, lWENTY-SlX SECONOS ~ST
(N. 06' 08' 26. W.) A DISTANCE OF TWO HUNDRED NINETY-FOUR AND FIVE lENlliS FEET (29MO') TO
AN IRON PIN (FOUND) ON THE SOUTHERN RIGHT-OF-WAY UNE OF MARKET STREET: THENCE ALONG
THE SOUTHERN RIGHT-OF-WAY UNE OF MARKET STREET NORTH EIGHTY-THREE DEGREES. FORTY-twO
MINUTES, THIRTY-NINE SECONDS EAST (N. 83' 42' 39. E.) A DISTANCE OF ONE HUNDRED EIGHTY-SIX
AND THIRTY":'SE'/EN HUNDREDTHS FEET (186.37') TO A POINT ON ,THE SOUTHERN RIGHT-Of-WAY UNE
Of MARKET STREET, AT THE WESTERN ENO OF" CURVE CONNEC11NG THE SOUTHERN RICHT-,OF-WAY
UNE OF MARKET STREET TO THE WESTERN RIGHT-OF-WAY UNE Of SOUlli 32N0 STREET, THE PLACE
Of BEGINNING.
CONTAINING: 52534.57 SOUARE FEET OR '1.2060 ACRES.
BEING KNOYtN AS: 3201. 3215, AND 3221 MARKET STREET
'CAMP HILL. PA 1701 t
',(TAX PARCELS 21-273-364, 365, AND 366)
~
i I
II
,~..,._.
- ~"',\' .
.'-.-...,',
, ,-, -~. ,
iI
"
"
.,._,-,.-,. >-,--
_e " . _ ~ ~.
"-""~i.'_,. ~_ __ ~ 0 '"
.<~ ~~.',*>"" ._,~"." .,~.. ~-,--",~,,----.., ,-~..-
,",,<_ ,_,",'<n,,,,,
1- ~ ~
0
.
"'- 0
" tv ~
S 10 '"tJ
~ ~ f
-
t
-
t.-
f'\
r
Jj:J
~
'.ro>
" 11ll.-,~"",!_',~.~Ii~ J ~~~~'IrlIi!l~'~llfl!il_llIi!lil~~f.~~!i'FtFt~I~~f.y7ifl~j{"~?,~<""""""'"'"","""',')',"''''';'1
0 C) C)
C :q
~~~ :po
-0 -..~
AJ I::
z.r~ c,.) ~~7
ef) ". c:.?
--< :~j~~
r::; ...,
'>-
-7l... :x: " ~:;:. r"
"'._,~ Ci 1'3 m
j; C)
C~ .m_1
Z r:- J>
.-1 =0
--<. fv -<
%
"'I'!"1;y:';~~'-1".~1~1!l)l1i1!i::I;~'Jl'!'''',(fI;'",:'''~I'-'~'''1'''''l'''''~_'9:f'''iWf"%''''~~_!
,