HomeMy WebLinkAbout01-7118Stipulation Against Liens
ROUSE COMMERCIAL PROPERTIES, INC. )
)
Owner, )
)
Vs. )
)
GATEVVAY CONSTRUCTZON, INC., )
)
Contractor )
)
In the Court of
Cumberland County,
Pennsylvania
PRO]ELf NAME: Rouse Sidewalk Replacement at Senate Plaza
PRO.1ECT ADDRESS: 100 Senate Avenue
Camp Hill, PA 17011-2309
(legal description attached as Exhibit A)
The undersigned Contractor, Gateway Construction, Inc., furnishing services,
labor or materials, a Pennsylvania corporation (the "Contractor'S, intending to be legally
bound, and in consideration of the sum of One and 00/100 ($1.00) Dollar to it in hand
paid by ROUSE COMMERCIAL PROPERTIES, INC. (the "Owner), and other good and
valuable consideration, the adequacy and sufficiency of which is hereby acknowledged,
for itself and any subcontractors, materialmen, laborers or anyone else acting through or
under it, covenants and agrees that no mechanics or materialmen's liens or claims shall
be filed or maintained by it, them or any of them, against the real estate described in
Exhibit "A'; attached hereto and made a part hereof by reference, or against any
buildings or other improvements thereon (jointly and severally, the "Real Estate'S, for or
on account of any work to be done of materials furnished under the principal contract
between Owner and Contractor, dated September 21, 2001, or under any supplemental
contract, verbal or written or contract for extra work or materials relating to and work to
be done of material furnished under said principal contract. The undersigned, for itself,
its subcontractors, materialmen, laborers and anyone else acting on behalf, through or
under it, hereby waives and relinquishes all right to file a mechanic's lien, claim or notice
of intention to file any lien or claim against the real estate, attached as Exhibit "A".
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone
else acting under or through it, hereby irrevocably authorizes and empowers any
attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania,
or elsewhere, to appear as attorney for it, them or any of them, in any such court and,
in its or their name or names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens any pleading or instrument, or any amendment to
any pleading or instrument previously filed by it or them, to incorporate therein as part
of the record this waiver and for such act or acts this waiver shall be good and sufficient
warranty and authority, and the undersigned of itself, and for them, does hereby
remise, release and quit-claim all rights and all manner or errors, in filing such pleading,
instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the name of the
undersigned or any other entity or person who shall have filed a claim of lien, to cause
any and all such claims or liens to be discharged by any other instrument, pleading or
proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work has
commenced on the Real Estate and no labor or materials have been delivered to the
Real Estate or furnished for the improvement of the Real Estate by the undersigned or
by any subcontractor, materialmen, laborer, or any other person or entity, and that no
authorization has yet been given by the Owner to the undersigned to commence work
or purchase materials in connection with the Real Estate.
This Stipulation is made and intended to be filed with the Cumberland County
Prothonotary in accordance with the requirements of the Mechanic's Lien Law of 1965 of
the Commonwealth of Pennsylvania.
IN W1TNESS WHEREOF, the undersigned have executed this Stipulation Against
Liens as the 'Im day of December, 2001.
WITNESS:
CONTRACTOR:
GATEWAY~31~STRUCTZON. INC.
By: ~
Printed Name:Perry ],. Smith
Its: President
W~NESS:
OWNER:
ROUSE COMM~.RCI~L PROPE~JI
By: RO US ~ F FI~2I~.~"~E~
PEN N SYLV~N~/~.S~
By: ~~~~
Printe~: ~~
:S, INC.
T OF
L CHICAGO TITLE INSURANCE COMPANY
Schedule A - Description
COMMITMENT FOR TITLE iNSURANCE
Your Reference: zoo Sena'c.e
Commitment No: 9945-41780
4. The land referred to in this Commitment is described as follows:
ALL those three certain tracts of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with a Topographic & Location
Survey Senate Plaza made by KCI Technologies, Inc. dated 7-26-96 as foIIows, to wit:
TRACT A:
BEGINNING at a point at the intersection of Poplar Church and Erford Roads; thence by a curve to the
right having a radius of 25 feet an arc distance of 22.74 feet to a point on the western line of Efford Road:
thence along the western line of Erford Road South 38 degrees 37 minutes 00 seconds East a distance of
795.78 feet to a point: thence by a curve to the right having a radius of 30 feet an arc distance of 45.77
feet to a point on the northern line of Senate Avenue: thence along the northern line of Senate Avenue
South 48 degrees 47 minutes 46 seconds West a distance of 450.27 feet to a point: thence by a curve to
the right having a radius of 30 feet an arc distance of 47.40 feet to a point on the eastern line of House
Avenue: thence along the eastern line of House Avenue North 40 degrees 41 minutes 00 seconds West a
distance of 783.35 feet to a point: thence by a curve to the right having a radius of 30 feet an arc distance
of 46.82 feet to a point on the southern line of Poplar Church Road: thence along the southern line of
Poplar Church Road North 48 degrees 44 minutes 40 seconds East a distance of 500.33 feet to the place
of BEGINNING.
TRACT B:
BEGINNING at a'point on the Western line of Committee Road, said point being. North 40 degrees 41
minutes West, 255.00 feet from the Northwestern corner of the intersection of Committee Road with
Senate Avenue; thence by land now or formerly of Gannett, Fleming, Corddry & Carpenter, Inc., South 49
degrees 19 minutes West 421.66 feet to a point; thence North 16 degrees 49 minutes 50 seconds West
228.30 feet to a point; thence by land now or formedy of Blue Ridge Haven West, North 49 degrees 19
minutes East 330.19 feet to a point on the Western line of Committee Road; thence by the Western line of
Committee Road, South 40 degrees 41 minutes East 206.97 feet to the place of BEGINNING.
TRACT C:
BEGINNING at a point on the eastern line of House Avenue, said point being the north west corner of Lot
18, Plan Book 16 Page 40: thence along the eastern line of House Avenue by a cur~e to the left having a
radius of 445 feet an arc distance of 170.26 feint to a point: thence continuing along the eastern line o(
House Avenue North 40 degrees 41. minutes 00 seconds West a distance of 70.86 feet to a.point: thence
by a curve to the right having a radius of 30 feet an arc distance of 46.85 feet to a'point on.the southern
lir3e of Senate Avenue: thence along the southern line of Senate Avenue North 48 degrees 47 minutes.46
seconds East a distance of 448.73 feet to a point: thence by a curve to the right having a radius of 30 feet
an arc distance of 48.88 feet to a point on the western line of Efford Road: thence along the western line
of Erford Road South 37 degrees 51 minutes 24 seconds East a distance of 128.80 feet to a point: thence
continuing along the western line of Erford Road by a curve to the right having a radius of 2262.01 .feet an
arc distance of 78.52 feet to a point at the intersection of Erford Road and ramp leading to Rt. 11 &l
thence along said ramp leading, to Rt. 11&15 South 54 degrees 08 minutes 00 seconds West a distance
16 feet to a point: thence continuing along said ramp by.a curve to the right having a radius of 166 feet an
arc distance of 228.77 feet to a point: thence still continuing along said ramp by a curve to the left having
a radius of 459 feet an arc distance of 154.44 feet to a point at the corner of Lot 18 aforementioned:
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COMMA2 ~/g5 I~F I~? 11/18/99 09:3¢:02
"' '1 CHICAGO TITLE INSURANCE COMPANY
Schedule A- Description (cont'd) I
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Your Reference:
COMMITMENT FOR TITLE INSURANCE
2.00 Sena:e Road/(998.7.-00428)
Commitment No; 9945-4!780
thence along Lot 18 North 38 degrees 22 minutes 10 seconds West a distance of 74 feet to a point:
thence continuing along Lot 18 South 70 degrees 24 minutes 23 seconds West a distance of 236.77 feet
to a point on the eastern line of House Avenue, said place of BEGINNING.
TOGETHER with ail the right, title and interest of the parties of the first part in and to land under and
running to the center line of any and all streets or roads adjoining and bounding the tract herein
conveyed.
SUBJECT to 20 foot set-back line and 8 foot wide easement for utilities across the rear of premises herein
conveyed as set forth on aforesaid Plan of Lots recorded in Plan Book 9, Page 41.
EXCEPTING THEREOUT AND THEREFROM ALL THOSE 5 TRACTS of land situated, lying and being in
East Pennsboro Township, Cumberland County, Pennsylvania as conveyed by Rouse-Teachers
Properties Inc., (a Maryland Corporation) to The Township of East Pennsboro dated 8/21/1998 and
recorded 1/8/199'9 In Misc. Book 192 page 564:
PARCEL"A"
BEGINNING at a point at the intersection of the eastern legal rlght-o.f-way of House Avenue with the
southern legal right-of-way line of Poplar Church Road; thence along the southern legal right-of-way line
of Poplar Church Road North 48 degrees 44 minutes 40 seconds East, a distance of 513;72 feet to a
point; thence continuing along the same by a curve, curving to the right having a radius of 25.00 feet an
arc length of 17.68 feet to a point on the southern required right-of-way of Poplar Church Road; thence
along the southern required right-of-way line of Poplar Church Road South 48 degrees 44 minutes 40
seconds West, a distance of 500.33 feet to a point; thence continuing along the same by a curve, curving
to the left having a radius of 30..0 feet and an arc length of 46.82 fee.t-:to a point on the eastern legal
right-of-way line of House Avenue; thence along the eastern legal right-of-way line of House Avenue North
40 degrees 41 minutes 00 seconds West a distance of 35.70 feet to a point, said point being the place of
beginning.
PARCEL "B"
BEGINNING at a point at the intersection of the eastern legal right-of-way line of House Avenue with the
northern legal right-of-way line of Senate Avenue; thence along the'~astern legal right-of-way line of .
House Avenue North 40 degrees 41 minutes 00 seconds West, a distance of 30.27 feet to a point; thence
along the required right-of-way line by a curve, curving to the left h.a?ing a radius of 30.0 feet and an arc
length of 47.40 feet to'a, point or) the northern legal right-of-way [ine~iof Senate Avenue, thence a!ong the
northern'legal right-of-way line of Senate Avenue South 48 degrees 47 minutes 46 seconds West, a
distance of 30.27 feet to a point, said point being the place of beginning.
PARCEL "C"
BEGINNING at a point at the intersection of northern legal right-of-way line of Senate Avenue.with the
western legal right-of-way line of Efford Road; thence along the nort:hern legal right-of-way of Senate
Avenue South 48 degrees 47 minutes 46 seconds West, a distance of 28.68 feet to a point; thence a!ong
the required right-of-way line by a curve, curving to the left having a radius of 30,0 feet and ag.am !eng~h
of 45.77 feet to a point on the western legal right-of-way tine of Erford Road;'thence along the western
legal right-of-way line of Efford Road South 38 degrees 37 minutes 00 seconds East~ a distance of 28.68
Page A2 - 2
COMMA2C 3/g5 N~' NF 3.~./18/99 09:34:02
ICH1CAGO TITLE INSURANCE COMPANY
Schedule A - Description (cont'd)
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COMMITMENT FOR TITLE INSURANCE
Your Reference: &oo senat;e Road/(998.l-00.~28)
Commitment No: 9945-41780
feet to a point, said point being the place of beginning.
PARCEL "D"
BEGINNING at a point at the intersection of the southern legal right;of-way line of Senate Avenue with the
western legal right-of-way line of Erford Road; thence along the western legal right-of-way line of Efford
Road South 37 degrees 51 minutes 24 seconds East, a distance of 10.17 feet to a point; thence along the
required right-of-way line by a curve, curving to the left having a radius of 30.0 feet end an arc length of
10.36 feet to a point on the southern legal right-of-way line of Senate Avenue; thence along the southern
legal right-of-way line of Senate Avenue North 51 degrees 37 minutes 50 seconds East, a distance of 1.77
feet to a point, said point being the place of beginning.
PARCEL"E"
BEGINNING at a point at the intersection of the eastern legal right-of-way of House Avenue with southern
legal right-of-way of Senate Avenue; thence along the southern lega! right-of-way line of Senate Avenue,
North 51 degrees 37 minutes 50 seconds East, a distance of 72.80 feet to a point; thence along the
required right-of-way line, South 48 degrees 47 minutes 46 seconds West, a distance of 43.01 feet to a
point; thence continuing along the same by a curve, curving to the left having a radius of 30.0 feet and an
arc length of 46.85 feet to a point on the eastern legal right-of-way line of House Avenue; thence along the
eastern legal right-of-way line of House Avenue North 40 degrees 41 minutes 00 seconds West, a distance
of 33.33 feet to a point, said point being the place of beginning. L
Pa~e. A2 - 3