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HomeMy WebLinkAbout99-05654CLAREMONT PROPERTIES, a Pennsylvania corporation Owner AND CUMBERLAND DESIGN & BUILDING CO., INC., a Pennsylvania corporation General Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- STIPULATION AGAINST LIENS WHEREAS, CLAREMONT PROPERTIES, INC., a Pennsylvania corporation, ("Owner"), the Owner of the real estate described below, has or is about to execute a Construction Agreement with CUMBERLAND DESIGN & BUILDING CO., INC., a Pennsylvania corporation ("Contractor"), whose principal place of business is at Post and Claremont Roads, Carlisle, PA , for construction of a building on the property at 1072 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania and more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof, and NOW, THEREFORE, this 19114 day of September, 1999, before any authority had been given by Owner to Contractor to commence work on said facilities or purchase materials for same, in consideration of making of the above-described Contract with Owner, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-described by the Contractor or any of its subcontractors, 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, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and the land 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, by their duly authorized representatives, have hereunto executed the Stipulation Against Liens this /-//4 day of September, 1999. A WIF CU1T116-P-F . OWNER: CLAREMONT PROPERTIES, INC., a Pennsylvania corporation ?- 9GGry ?Gtt,Gf?.q ? '-rtcC?C AqP $T:: !N/Ti7ESS By:?//' Robert E. Long, Present CONTRACTOR: CUMBERLAND DESIGN & BUILDING CO., INC., a Pennsylvania Corporation By: /A/, X =a W. R. Unger, President EXHIBIT "A" LEGAL DESCRIPTION DAILY EXPRESS, INC. MIDDLESEX TOWNSHIP CUMBERLAND COUNTY PA, Beginning at a point on the northern right-of-way line of the Harrisburg Pike (SR 0011) at the comer Lot No, 1 of Pine Hill Industrial Park, said point being located South sixty-two degrees, sixteen minutes, eleven seconds West (S 62° 16' 11" W) a distance of six hundred sixty-five and forty-five hundredth feet (665.45') from the western right-of-way fine of Wolfs Bridge Road (T-508); thence from said point of Beginning, by said right-of-way fine of the Harrisburg Pike, South sixty-two degrees, sixteen minutes, eleven seconds West (S 62° 16' 11" W) a distance of one hundred fifty-nine and ninety-five hundredth feet (159.95) to a point; thence by land now or late of James E. Grandon North twenty-seven degrees, forty-three minutes, forty-nine seconds West (N 27" 43'49" W) a distance of two hundred and sixty-eight hundredth feet (200.68) to a point; thence by land now or late of James E. Grandon, land now or late of Robert L. Matalonis and land now or late of Alfred C. Stuart South sixty-two degrees, sixteen minutes, eleven seconds West (S 62° 16' 11" W) a distance of one hundred ninety-two and nine hundredth feet (192.09) to a point, thence by Lot No. 11 of Pine Hill Industrial Park North twenty-six degrees, thirty-three minutes, eleven seconds West (N 26° 33' 11" W) a distance of four hundred fifteen and thirty-three hundredth feet (415.33) to a point; thence by Lot No. 12 and Lot No. 13 of Pine Hill Industrial Park North twenty-seven degrees, forty-nine minutes, thirty-six seconds West (N 27° 49' 36" W) a distance of three hundred ninety-three and fifty-nine hundredth feet (393.59) to a point; thence by Lot No. 13 of Pine Hill Industrial Park North four degrees, forty-seven minutes, twenty-seven seconds East (N 04° 47' 27" E) a distance of ninety-nine and thirty-seven hundredth feet (99.37) to a point; thence by Lot No. 14 and Lot No. 15 of Pine Hill Industrial Park North sixty-two degrees, nine minutes, twenty-five seconds East (N 62° 09'25"E) a distance of four hundred fifteen and sixty-nine hundredth feet (415.69) to a point; thence by Lot No. 15 and Lot No. 1 of Pine Hill Industrial Park North seventy- nine degrees, thirty-eight minutes, zero seconds East (N 79° 38'00" E) a distance of three hundred fifty-seven and ninety-three hundredth feet (357.93) to a point; thence by Lot No. 1 of Pine Hill Industrial Park the following six (6) courses, 1) South ten degrees, twenty-two minutes, zero seconds East (S 10° 22'00" E) a distance of two hundred sixty-four and eleven hundredth feet (264.11 ) to a point; 2) South two degrees, thirty-two minutes, forty- six seconds East (S 02° 32'46" E) a distance of four hundred thirty-seven and seventy-eight hundredth feet (437.78) to a point; 3) South twenty-seven degrees, fifty minutes, zero seconds East (S 27° 50'00" E) a distance of sixty-six and seven hundredth feet (66.(Y7) to a point; 4) South nine degrees, twenty-one minutes, zero seconds East (S 09° 21'00" E) a distance of one hundred twenty-six and fifty-three hundredth feet (126.53) to a point; 5) South sixty-two degrees, ten minutes zero seconds West (S 62° 10'00"W) a distance of one hundred sixty-five and one hundredth feet (165.01) to a point; 6) South twenty-eight degrees, fifty-nine minutes, three seconds East (S 28° 59'03"E) a distance of one hundred fifty-two and sixty-six hundredth feet (152.66) to a point, the place of Beginning. Said tract contains 629,370.94 square feet or 14,4484 acres. Being Lot No. I on a Preliminary/Final Subdivision - Land Development Plan of property of Claremont Properties, Inc., Dave E. & June B. Lutz prepared by Rodgers and Frederick Architect and Engineer and recorded in the Office of the Recorder- of Deeds of and for the County of Cumberland, Pa., in Plan Book 62 Page 80 and recorded April 12, 1991. :196042 1 ?? G ?. _; ? . _ 1 ?- ?. ?.. ?. . :? f? ?` C J? J ? v ? ?.