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HomeMy WebLinkAbout04-3266CARLISLE HMA, INC. Owners V TURNER CONSTRUCTION Contractor :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA .- :NO. 2004- . STIPULATION AGAINST LIENS WHEREAS, Carlisle HMA, Inc., (OWNERS), are about to execute contemporaneously herewith a contract with Turner Construction, (CONTRACTOR), for the execution of a hospital situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and 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 Owners to the said Contractor to commence work on the 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 ($1.00), to be paid to Contractor, it is agreed that no lien shall be filed against the building by the Contractor, or any Subcontractor, nor by any of the materlalmen or workmen or any 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 5th day of April, 2004. Signed, Sealed and Delivered in the presence of Carlisle HMA, Inc. Turner Construction LEGAL DESCRIPTION Lot No. 4 ALL that certain tract or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan prepared by Brehm-Lebo Engineering, Inc. recorded February 27, 2004 in the office of the Recorder of Deeds for Cumberland County in Plan Book 88, Page 95. BEGINNING at a concrete monument on the southern right of way line of Alexander Spring Road (T-469) at the southeast corner of the intersection of Alexander Spring Road (T-469) and Sprint Drive (T-468); thence along the southern right of way line of Alexander Spring Road (T-469) the following three (3) courses and distances: 1) North 76 degrees, 14 minutes, 17 seconds East, a distance of 395.06 feet to a concrete monument; 2) by a curve to the right, having a radius of 466.15 feet, an arc length of 185.42 feet, a chord bearing of North 87 degrees, 38 minutes, 01 second East and a chord length of 184.20 feet to an iron pin; 3) South 80 degrees, 58 minutes, 16 seconds East, a distance of 270.17 feet to an iron pin at the northwest corner of lands now or formerly of Carlisle HMA, Inc.; thence, along the western line of lands now or formerly of Carlisle HMA, Inc., South 11 degrees, 26 minutes, 02 seconds West, a distance of 1176.09 feet to a drill hole in a concrete sidewalk on the eastern right of way line of Sprint Drive (T-468); thence, along the eastern right of way line of Sprint Drive (T-468) the following four (4) courses and distances: 1) North 78 degrees, 33 minutes, 57 seconds West, a distance of 149.00 feet to a drill hole in a concrete sidewalk; 2) by a curve to the right, having a radius of 270.00 feet, an arc length of 282.35 feet, a chord bearing of North 48 degrees, 36 minutes, 26 seconds West and a chord length of 269.66 feet to a drill hole in a concrete sidewalk; 3) North 18 degrees, 38 minutes, 56 seconds West, a distance of 880.29 feet to a drill hole in a concrete sidewalk; 4) by a curve to the right, having a radius of 40.00 feet, an arc length of 66.24 feet, a chord bearing of North 28 degrees, 47 minutes, 40 seconds East and a chord length of 58.93 feet to a concrete monument, the point of BEGINNING. Containing 15.433 acres and being shown as Lot No. 4 on the aforementioned Final Subdivision Plan. 'Lot5 ALL that certain tract or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan prepared by Brehm-Lebo Engineering, Inc. recorded February 27, 2004 in the office of the Recorder of Deeds for Cumberland County in Plan Book 88, Page 95. BEGINNING at an iron pin on the southern right of way line of Alexander Spring Road (T-469) at the common corner of lands now or formerly of Prologis Development Service, Inc. and The United Telephone Company of Pennsylvania, the grantor herein; thence, along the southern right of way line of Alexander Spring Road (T-469) the following two (2) courses and distances: 1) by a curve to the right, having a radius of 2,833.49 feet, an arc length of 170.15 feet, a chord bearing of North 74 degrees, 31 minutes, 04 seconds East and a chord length of 170.12 feet to an iron pin; 2) North 76 degrees, 14 minutes, 17 seconds East, a distance of 290.04 feet to an iron pin; thence, by a curve to the right, · havihg a radius of 40.00 feet, an arc length of 59.42 feet, a chord bearing of South 61 degrees, 12 minutes, 20 seconds East and a chord length of 54.10 feet to an iron pin on the western right-of-way line of Sprint Drive (T-468); thence, along the western right of way line of Sprint Drive (T-468), South 18 degrees, 38 minutes, 56 seconds East, a distance of 556.75 feet to an iron pin at the northeast corner of other lands now or formerly of The United Telephone Company of Pennsylvania; thence, along lands now or formerly of The United Telephone Company of Pennsylvania the following three (3) courses and distances: 1) South 71 degrees, 21 minutes, 04 seconds West, a distance of 249.13 feet to an iron pin; 2) North 18 degrees, 38 minutes, 56 seconds West, a distance of 160.00 feet to an iron pin; 3) South 71 degrees, 21 minutes, 04 seconds West, a distance of 248.91 feet to an iron pin on the eastern line of lands now or formerly of Prologis Development Service, Inc.; thence, along lands now or formerly of Prologis Development Service, Inc., North 18 degrees, 19 minutes, 54 seconds West, a distance of 470.71 feet to an iron pin, the point of BEGINNING. Containing 6.087 acres and being shown as Lot No. 5 on the aforementioned Minor/Final Subdivision Plan. Excepting and reserving a grant of perpetual right of way to The United Telephone Company of Pennsylvania for a tract of land in the northwest corner of the aforementioned Lot No. 5, as shown and described in Miscellaneous Book No. 542, Page 745 and recorded in the Office of the Recorder of Deeds for Cumberland County.