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Home My WebLink About03-5567MECHANICSBURG GF, LP, Owner v. LVI Environmental Services, Contractor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Inc.: STIPULATION AGAINST LIENS WHEREAS, MECHANICSBURG GF, 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 LVI Environmental Services, Inc., of 415 Boot Road, Suite 200, Downingtown, Pennsylvania 19335 (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, October 9, 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 Premises (including hereafter changes made thereto), the right to file liens being expressly waived. 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 written. Witness; Witness~ first above MECHANICSBURG GF, LP by Mechanic sburg GF, LC LVI Environmental Services, Inc. By: By: 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 Curaberland 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. AND 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 Bast 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 line (a 33 foot right-of- way) of Leona Avenue North 28 Degrees 41 Minutes 30 Seconds West a distance of 231.91 feet to a point; thence South 66 Degrees 05 Minutes 50 Seconds West a distance of 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 Cumberland County, Pennsylvania, in Record Book__, Page __, granted and conveyed unto Mechanicsburg GF, LPo 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 Cum]Derland County, Pennsylvania, in Record Book __, Page __, granted and conveyed unto Mechanicsburg GF, LP.