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Home My WebLink About03-4021Ross Stores, Inc. Owner H&M Company, Inc., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 _. : STIPULATION AGAINST LIENS WHEREAS, Ross Stores, Inc. and Ross Stores Pennsylvania, L.P., ("Owner") and H+M Company, Inc. ("Contractor") are executing a contract for construction of certain renovations to the building located at 1707 Shearer Drive, Carlisle, Cumberland County, Permsylvania, as more particularly described on the attached Exhibit A. NOW, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to Contractor to commence work on said building, or purchase materials for the same, in consideration of the making of the said contract with Contractor and the further consideration of One Dollar, to be paid to Contractor, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS our hands and seals the or~ day of Witness: .-~d~x.~. Printed Name: Witness: Printed Name: ,g~, 2003. ROSS STORES, INC. (Own~ By: t'~I3~L~.' .~'r~. Vice President [CORPORATE SEAL] 6061,570/278919.1 Witness: Printed Name: Printed Nme: [CORPORATE SEAL1 ROSS STORES PENNSYLVANIA, L.P., a Pennsylvania limited partnership (Owner): By: ROSS PENNGEN, INC., a California corporation Its: General Partner By: ROSS STORES, INC., a Delaware corporation Its: Sole Shareholder By: ~ Its: ~ President Witness ~ ~/ Print e d Name/~~7~ n Witness: (._._ '~ Printed Name: Richard-Archie [CORPORATE SEAL] H+M COMPANY, INC. (Contractor): Its: Senior Vice President Title 6061,570/278919.1 State of California ) ) County of Alameda ) a Notary Public, personally appeared James Fassio, personally known to me or (proved to me on the basis of satisfactory evidence) to be the person(~whose name(~r) is/aro subscribed to the within instnunent and acknowledged to me that he/~ executed the same in his/her4thc~r authorized capacity(i~, and that by his/her/th;~r signature(~on the instrument the person(~, or the entity upon behalf of which the person~acted, executed the instrument. WITNESS my hand and official seal. State of Tennessee ) ) County of Madison ) Notary Public ~ Commls/,on # 124417'/ _ On ~lIq ~5t~2OOS beforeme, ~q'e.~9 ~/slA~dq~.S a Notary Public, personally appeared ('~. ~ ~,,~ ~t~'.~ t'~.g~ ' , personally known to me or (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. 6061.570/278919.1 I-~ EXHIBIT A ALL THAT CERTAIN lot or parcel of land situate in the Borough of Carlisle, cumberland County, bounded and described according to a Final Subdivision Plan for Watts Business Center by stephen G. Fisher, Professional Land Surveyor, dated October 2, 1989 last revised September 17, 1990 recorded in Plan Book 61, Page 88, as follows: BEGINNING at an existing railroad spike set in the bed of Allen Road, S.R. 0465 at the Northwesterly corner of Lot No. i on the above refarence~ plan, said point.being measured from the point of intersectlon of the centerllnes of Allen Road and Governor Ritner Highway, S.R. 0011 North 01 degrees 05 minutes 10 seconds West 877.03 feet; thence extending fro~ said beginning point in the bed of Allen Road North 01 degrees 05 minutes 10 seconds West 1171.54 feet to a existing parker kalon nail, a corder of lands now or formerly of Donna M. Howell, Trustee; thence extending along said lands North 68 degrees 58 minutes 33 seconds East 1110.64 feet to a existing iron pin set in a stone fence at the corner of Lot No. 6 as shown on the above mentioned plan; thence along said lot South 21 degrees 24 minutes 08 seconds East 1156.04 feet to an iron pin set on the Northwesterly side of Shearer Drive (as proposed); thence extending along said Drive the following two courses and distances: (1) South 38 degrees 57 minutes 39 seconds West 152.27 feet to ~n iron pin set; thence (2) on the arc of circle curving to the left having a radius of 380.00 feet the arc length of 157.22 feet said curve having a chord bearing and distance of South 27 degrees 06 minutes 29 seconds West, 156.10 feet to an iron pin set at the Northeasterly corner of Lot No. I on the above mentioned plan; thence extending along said lot the two following courses and distances: (1) North 58 degrees 14 minutes 34 seconds West 240.43 feet to a point on the rim of a sanitary sewer manhole; thence (2) South 71 degrees 11 minutes 47 seconds West 1125.10 feet to a railroad spike set, at the place of BEGINNING. BEING Lot No. 7 on the above mentioned plan. CONTAINING 35.00 acres (gross area - including right-of-way along S.R. 0465), more or less. UNDER AND SUBJECT to all easements and restrictions of record.