HomeMy WebLinkAbout03-5406 MECHANICSBURG GF, LP, :
Owner :
LOBAR ASSOCIATES, INC., :
Contractor :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA!~IA
STIPULATION AGAINST LIENS
WHEREAS, MECHANICSBURG GP, LP of 1000 North Front Street,
Suite 500, Pennsylvania 17043 (the "Owner") the Owner of the
hereinafter described tract of land, has executed or is about to
execute contemporaneously herewith a contract with LOBAR
ASSOCIATES, INC. of 4 Barlo Circle, Dillsburg, Pennsylvania 17019
(the "Contractor") for improvements to the premises located at
Giant Food Store, Mechanicsburg, Cumberland County, Pennsylvania,
more particularly described on "Exhibit A" attached hereto and
made a part hereof (the "Premises").
NOW, ~r ~ , 2003, before any authority has been
given by said Owner to the said Contractor to commence work on
said Premises or to otherwise construct any improvements thereto,
or to purchase materials for the same, or to enter into any
contracts with any subcontractors, or materialmen, or to
authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with
the Owner and the further consideration of One Dollar ($1.00), to
Contractor paid by said Owner, and with the intent of all parties
to be legally bound hereby, it is agreed that no lien shall be
filed against the building or Premises or any part thereof, by
the Contractor or any subcontractor, or by any of the materialmen
or workmen or any other person for any labor, or materials
purchased, or extra labor or materials purchased, for the
building and improvements to the
changes made thereto), the right
waived.
Premises (including hereafter
to file liens being expressly
It is the full intent of the Contractor, for itself and for
any subcontractors or materialmen claiming for themselves, or by,
through or under the contract or the Contractor, that the right
to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done
or materials furnished in and about the building and improvements
to the Premises above described is hereby waived.
WITNESS our hands and seals the day and year first above
written.
MECHANICSBURG GF, LP by
Mechanicsburg GF, LLC
)
By:/"" /
Exhibit A
ALL THAT CERTAIN tract and parcel of land situated in Hampden
Township, Cumberland County, Pennsylvania, as more particularly
bounded and described in accordance with a survey made by
Hartman & Associates, Inc., dated May 24, 1996, as follows, to
wit:
BEGINNING at a point on the Northern right-of-way line at
Simpson Ferry Road (LR %570) said point being the southern end
of a curve which connects the northern right-of-way line of
Simpson Ferry Road (LR #570) and the western right-of-way line
of Allendale Road (T-608); thence from said point along the
northern right-of-way line (20 feet from the center line) of
Simpson Ferry Road (LR #570}, South 81 degrees 03 minutes 30
seconds West, a distance of 361.08 feet to a point; thence along
lands now or late of D&J Realty North 08 degrees 59 minutes 36
seconds West, a distance of 10.00 feet to a point; thence along
the northern right-of-way line (30 feet from center line} of
"Simpson Ferry Road" (LR %570) South 81 degrees 03 minutes 30
seconds West, a distance of 211.10 feet to a point; thence South
68 degrees 03 minutes 30 seconds West, a distance of 90.40 feet
to a point, being the right-of-way intersection of the northern
right-of-way line of Simpson Ferry Road and the eastern right-
of-way line of Leona Avenue; thence along the eastern right-of-
way line of Leona Avenue, North 23 degrees 11 minutes 14 seconds
West, a distance of 256.37 feet to a point; thence South 71
degrees 36 minutes 06 seconds West, a distance of 14.06 feet to
a point; thence along the approximate center line of Leona
Avenue and also along lands now or late of Spankey's Auto Sales,
Inc., North 23 degrees 11 minutes 14 seconds West, a distance of
130.86 feet to a point on the southern railroad right-of-way
line of Conrail Corporation; thence along said railroad right-
of-way line North 79 degrees 49 minutes 06 seconds East, a
distance of 408.13 feet to a point; thence along the same North
79 degrees 42 minutes 06 seconds East, a distance of 342.43 feet
to a point on the western right-of-way line of Allendale Road
(T-608); thence along the said western right-of-way line South
16 degrees 02 minutes 30 seconds East a distance of 355.08 feet
to a point; thence along the arc of a curve curving to the
right, connecting the western right-of-way line of Allendale
Road (T-608) and the northern right-of-way line of Simpson Ferry
Road {LR ~570) having a radius of 25.00 feet, an arc length of
42.37 feet to a point, the place of BEGINNING.
BEING the same premises which Hampden Industrial Development
Authority, by deed dated June 4, 1996, and recorded July 5,
1996, in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Record Book 142, Page 290,
granted and conveyed unto Meridian Trust Company, a Pennsylvania
trust company, not in its individual capacity but solely as
Owner Trustee under Trust Agreement dated as of May 15, 1990.
ALSO BEING the same premises which Hampden Industrial
Development Authority, by deed dated June 4, 1996, and recorded
July 5, 1996, in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Record Book 142, Page 298,
granted and conveyed unto DESC Remainderman Limited Liability
Company.
A/~D FURTHER BEING ALL THAT CERTAIN tract and parcel of land
situated in Hampden Township, Cumberland County, Pennsylvania,
as more particularly bounded and described in accordance with
the Preliminary/Final Land Development Plan (Site) prepared by
J. Michael Brill & Associates, Inc. recorded March 28, 2003, to
Plan Book 86, Page 150, as follows, to wit:
BEGINNING AT A POINT along the western right-of-way (a 41.5 foot
right-of-way) of Allendale Road (T-608) at the northern limits
of said roadway. From said POINT OF BEGINNING along the western
right-of-way line of Allendale Road South 21 Degrees 32 Minutes
46 Seconds East a distance of 345.00 feet to a point; thence
along a curve, curving to the right having a radius of 25.00
feet and an arc length of 42.37 feet, said curve also described
by having a chord bearing of South 27 Degrees 00 Minutes 14
Seconds West a distance of 37.48 feet to a point;
Thence along the northern right-of-way line (a variable width
right-of-way) of Simpson Ferry Road (S.R. 2014) South 75 Degrees
33 Minutes 14 Seconds West a distance of 570.94 feet to a point;
thence South 62 Degrees 33 Minutes 14 Seconds West a distance of
65.94 feet to a point; along a curve, curving to the right
having a radius of 25.00 feet and an arc length of 38.73 feet,
said curve also described by having a chord bearing of North 73
Degrees 04 Minutes 09 Seconds West a distance of 34.97 feet to a
point;
Thence along the eastern right-of-way
way) of Leona Avenue North 28 Degrees
a distance of 231.91 feet to a point;
Minutes 50 Seconds West a distance of
line (a 33 foot right-of-
41 Minutes 30 Seconds West
thence South 66 Degrees 05
14.06 feet to a point;
Thence along lands now or formerly of Spankey's Auto Sales, Inc.
North 28 Degrees 41 Minutes 30 Seconds West a distance of 130.86
feet to a point;
Thence along lands now or formerly of Pennsylvania Lines {Rail
Road) North 74 Degrees 11 Minutes 50 Seconds East a distance of
750.56 feet to a point, said point being the POINT OF BEGINNING.
The property described by the above courses and distances has an
area of 261,418 square feet or 6.00 acres.
BEING the same premises which Wachovia Trust Company, National
Association, not in its individual capacity but solely as Owner
Trustee under Trust Agreement dated as of May 15, 1990, by deed
dated , 2003, and recorded , 2003, in
the Office of the Recorder of Deeds in and for Curaberland
County, Pennsylvania, in Record Book , Page , granted and
conveyed unto Mechanicsburg GF, LP.
ALSO BEING the same premises which DESC Remainderman Limited
Liability Company, by deed dated , 2003, and recorded
, 2003, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Record Book ,
Page , granted and conveyed unto Mechanicsburg GF, LP.