HomeMy WebLinkAbout04-1177.83/84/2804 13:13 7176923873 CINEM~ CENTER PAGE 11
STIPULATION AGAINST LIENS
The u~0der~igned contractor furnishing services, I~or or matc~s, ~o~ ~
LTCI LTD, a P~nsylv~a co~ora6on (the "Con~clor") ~.t~d~t to b~ le~y bo~
~d in c~id~on of ~c sum of ~ ~ NO/I~ DOLL~ ($1.00) W i~ ~ haod
p~id by C~E~ $~LY, ~C., a P~ylv~ia ~on ("~er"), le~ehold
o~ of ~e ~e~ ~te (~ h~'dc~ed) p~s~t to a ~e A~t ~ted
F~b~ 2, 200~ ~ S~L OF PE~SYLV~N~ TRUS~, ~e record o~
of the R:~ Esme, ~e r~dpt wh~f is h~eby ~owl~ge~ f~ i~eli~d ~y
su~l~, mm~e~ ~rcm ~ ~yone else ~fint tMou~ or ~der i~
~d a~ ~t no m:c~ or mated~en's h~s or clams s~l] be fil~ or m~t~ed
by k or ~y of~, ag~t ~e re~ estate d~fib~ in Sched~e 'A", au~h~ h~m
s~lly, ~e "R~ Estate"), for or on ~count of~y work to b~ done or rear.als
~shed ~d~ ~e ~ipal con~t b~een ~ ~d Con~ac~, ~
. , ~0~, ~ ~6~ ~y su~l~ml con. t, w~al or ~, or con.act for ~
work or ~t~s ~la~ to ~ wo~ to b~ don~ or ma~fi~ ~sh:d ~d~ s~d
~cip~ con~t ~e und~i~, for itself, i~s s~con~cto~, matma~, l~or~
~d m~ne else ac~ or ~1~ IMou~ or under i~ h~by w~v~ and r:~q~sh~
dgh~ lo file a mech~cs' li~, c~ or no~ce of ~ten~on to file ~y li~ or claim
the R~
The undersigned, £or itself, its subcontractor% raatcrialmen, ~o~ ~d ~
~ ~tt~g ~dcr or tbmu~ i~ h~by i~vooably au~cs ~nd ~pow~s ~y auom~
of any co~ of ~mpe~t j~sdic~on cftc Co~onw~ of P~syl~a, or
els~h¢~, ~ ~ ~ a~m~ for it, th~ or ~y of~ ~ ~y such co~ ~ in its
or ~r n~e ~ n~, m~k satisfied of r~ord a ~e cost ~d ~p~se cftc
~dersi~, ~y and a~ cl~s, ~s, ~y ple~ or ~m~ or ~y ~t to
my ple~i or in~t pr~io~ly fil~ by it or ~ ~o ~co~omm ~ ~ p~ of
~e ~ ~a waiv~ ~ for such ~t or ~Is this w~v~ ~all be g~d ~d s~ci~t
w~t and au~og~, and ~e ~d~si~ed for ~:s~lf, ~d for ~, ~ h~by ~ise,
release md quit-cl~m all fi~ts ~d ~1 ~ of ~rs, ~ f~g such pl~ding,
i~m~t or ~t, ~ in ~y way conc~ng ~.
Owner shall have the absolute right in its natne or ~ the name of the undersigned
or any other ~tity or p~rsou who shall have gled a cla/ra or lie~, to cause any and all
such claims or liens to be discharged by any other insWumcnt, pleading or proceeding
permitted at law or/n equity.
The undersigned hereby avers, i,~p,.csents and warrants that no work has commenced on
the R~al Estate and no labor or materials have been deli~'ered to the Real Estate or furnished for
the improvement of the Rez.1 ~siam by thc undersigned or by any subcontracior, matcrialmen,
laborer, ot other person or entity and that no authorization has y~t been givlm by the Ovaaer to
the undersigned to commence work or pun:hase mata'ials in connection with the Real Estate,
B3/04/2004 13:13 717G923073 CINEMA CENTER P/~GE 12
Th/s stipulat/on is made and iutcnded ~o be filed with thc Cumberland County
l~othonotary in accordance with the requir~raents of thc Mechanics' Lien Law or' 1963 of
the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the undersigned has executed thJ.s instrum~ut as of the
day of March, 2004.
CONTRACTOR:
LTCI LTD.
SCHEDULE "A"
The descriptions of the premises encumbered by this instrument is a portion of the
Shopping Center located in Hampden Township, Cumberland County, Pennsylvania,
which premises shall contained approximately 51,425 square feet of gross leaseable area
and shall be located as outlined and cross-hatched on Exhibit "A~I" and labeled AB. The
said Exhibit "A- 1", which is attached hereto and incorporated herein by reference, is a
site plan of the Shopping Center erected or to be erected upon the premises described by
metes and bounds in Exhibit "B", attached hereto and made a part hereof.
EXHIBIT A- I
The~ ~e J~en I~ in(ce~Jed ~o ~ an a~ depl~ o[ [he Sh~n~ C~r, N
The I~ ~e~ eh. all ~ the ~ ~enbh~ bd~,
EXHIBIT A-i
Exhibit B
ALL that certain parcel of land situate in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, viz:
BEGINNING at a point in the southerly line of land of Penn Central Company distant 75
feet southwardly at fight angles from the center line of railroad of said Penn Central
Company known as the Cumberland Valley Branch, and at the northeasterly comer of the
parcel of land containing 3.55 acres, ±, which has been conveyed by Manor Real Estate
Company to United States Plywood Corporation by deed dated August 23, 1961, said
beginning point being at the distance of 2000.75 feet measured N. 76° 07' 00" E., along
said southerly line of land of Penn Central Company, from the center line of St. Johns
Road;
EXTENDING from said BEGINNING point the following eight courses and distances:
(1) N. 76° 07' 00" E., along said southerly line of land of Penn Central Company, parallel
with said centerline of railroad, 851.98 feet to a point; thence (2) S. 13° 53' 00" E., by
remaining land of Manor Real Estate Company, 598.28 feet to a point in the northerly
fight of way line of State Highway Route No. 570 (Simpson Ferry Road), 120 feet wide;
thence along said northerly right of way line of State Highway, the following two courses
and distances: (3) S. 78° 31' 18" W., 245.80 feet to a point of curve; and (4) westwardly
on a curve to the left having a radius of 5789.65 feet, the arc distance of 258.54 feet to the
westerly end of the 120 foot wide portion of said Highway; thence (5) S. 14° 10' 55" E.,
along said westerly end of 120 foot wide portion of highway, 64.56 feet to the center line
of said State Highway as laid out 33 feet wide; thence (6) S. 75° 10' 45" W., along said
center line of Highway, 486.49 feet to the easterly line of said parcel of land conveyed as
aforesaid to United States Plywood Corporation; thence the following two courses and
distances being along easterly lines of said last mentioned parcel of land: (7) N. 13° 53'
00" W., 437.90 feet to a point; and (8) northwardly, on a curve to the right having a
radius of 240 feet, the chord of which bears N. 18° 33' 00" E., for a length of 257.43, the
arc distance of 271.71 feet to the place of BEGINNING.
CONTAINING 13.196 ACRES, ±.
BEING a portion of the same premises conveyed by Central Dauphin Realty Co., a
Pennsylvania corporation, to Sanndrel of Pennsylvania, Inc., a Delaware corporation, by
deed dated March 20, 1972, and recorded Marcy 27, 1972, in the Office of the Recorder
of Deeds of the County of Cumberland, Pennsylvania, in Deed Book N, Volume 24, at
page 857.
LESS AND EXCEPT the following three out conveyances:
Outconveyance No. 1:
ALL that parcel of land situate in the Township of Hampden, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, viz:
BEGINNING at a point in the northerly right-of-way line of State Highway Route No.
570 (Simpson Ferry Road) 120 feet wide, said point being located on the line between
lands now or late of Manor Real Estate and Trust Co. and lands of Sanndrel of
Pennsylvania, Inc.; thence along the said fight-of-way line, S. 78° 31' 18" W., 215 feet to
a point; thence by lands of Sanndrel of Pennsylvania, Inc. herein, N. 13° 53' 00" W.,
155.98 feet to a point; thence by the same N. 76° 07' 00" E., 214.81 feet to a point in line
of lands of Sanndrel of Pennsylvania, Inc., and lands now or late of Manor Real Estate
and Trust Co.; thence by lands now or late of Manor Real Estate and Trust Co S. 13° 53'
00" E., 165 feet to the point of BEGINNING.
CONTAINING 0.792 acres of land be the same, more or less.
TOGETHER with the non-exclusive right and privilege to use the means of ingress and
egress and parking areas located upon the remaining lands of Grantor adjacent tot he
property conveyed hereunder.
BEING the same premises conveyed by Sanndrel of Pennsylvania, Inc., a Delaware
corporation, to Bayrock Investment Co., an Ohio limited partnership, by deed dated
January 10, 1973, and recorded January 29, 1973, in the Office of the Recorder of Deeds
of the County of Cumberland, Pennsylvania, in Deed Book Z, Volume 24, at page 550.
Outconveyanee No. 2:
ALL that parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, bounded and described as follows:
COMMENCING at the intersection of the centerline of Zimmerman Drive and the
centerline of Simpson Ferry Road (L.R. 570), thence westerly along the centerline of
Simpson Ferry Road, a distance of 746.79 feet, to a point in the centerline of Simpson
Ferry Road, said point being the southwest comer of property of Sanndrel of
Pennsylvania, Inc., of which this tract was formerly a part; thence along land of
Annplyco Properties, Inc., N. 13° 53' West, a distance of 72.37 feet to a point on the
ultimate right-of-way line of Simpson Ferry Road; thence along said ultimate right-of-
way line of Simpson Ferry Road, North 76° 33' East, a distance of 47.74 feet to a point,
the place of BEGINNING of the tract herein described; thence along land of Sanndrel of
Pennsylvania, Inc., North 13° 27' West, a distance of 175 feet to a point; thence
continuing along the same North 76° 33' East, a distance of 160 feet to a point; thence
continuing along the same, South 13° 27' East, a distance of 175 feet to a point on the
ultimate right-of-way line of Simpson Ferry Road; thence along the ultimate right-of-way
line of Simpson Ferry Road, South 76° 33' West, a distance of 160 feet to the place of
BEGINNING.
CONTAINING 28,000 square feet of land.
BEING Lot #1 of a "Final Subdivision Plan for Sanndrel of Penna., Inc." prepared by
John C. Brilhart, Surveying & Mapping Services, Mechanicsburg, Pa., dated October 4,
1978, last revised January 16, 1979, and recorded January 22, 1979, in the Office of the
Recorder of Deeds of the County of Cumberland, Pennsylvania, in Plan Book 34, at page
98.
BEING the same premises conveyed by Sanndrel of Pennsylvania, Inc., a Delaware
corporation, to Hampden Township Industrial Development Authority, a body politic, by
deed dated December 27, 1978, and recorded in the Office of the Recorder of Deeds of
the County of Cumberland, Pennsylvania, in Deed Book G, Volume 28, at page 413
Outeonvevanee No. 3:
ALL that certain piece or parcel of land, situate in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, viz:
BEGINNING at a point in the southerly line of land of Penn Central Company distant 75
feet southwardly at right angles from the center line of railroad of said Penn Central
Company known as the Cumberland Valley Branch, and at the northeasterly comer of the
parcel of land containing 3.55 acres, ±, which has been conveyed by Manor Real Estate
Company to United States Plywood Corporation by deed dated August 23, 1961, said
beginning point being at the distance of 2,000.75 feet measured N. 76° 07' 00" E., along
said southerly line of land of Penn Central Company, from the center line of St. Johns
Road;
THENCE, from said point of BEGINNING, the following four courses and distances:
(1) N. 76° 07' E., along said southerly line of land of Penn Central Company, 30.00 feet
to a point; thence (2) S. 13° 53' E., 50 feet to a point; thence (3) S. 76° 07' W., 30.00 feet
to a point; thence (4) N. 13° 53' W., 50.00 feet to the point of BEGINNING.
CONTAINING 1,500 SQUARE FEET.
ALSO included is the right of ingress and egress through other lands of Sanndrel of
Pennsylvania, Inc.
BEING the same premises conveyed by Sanndrel of Pennsylvania, Inc., to Hampden
Township Sewer Authority, a Pennsylvania municipal authority, by deed dated June 19,
1986, and recorded February 20, 1987, in the Office of the Recorder of Deeds of the
County of Cumberland, Pennsylvania, in Deed Book M, Volume 32, at page 828.