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HomeMy WebLinkAbout04-4714LOWER ALLEN BUSINESS CENTER, L.P., a Pennsylvania limited partnership Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. (Dc/ -- WOHLSEN CONSTRUCTION : COMPANY, : a Pennsylvania Corporation, : Contractor : STIPULATION AGAINST LIENS WHEREAS, LOWER ALLEN BUSINESS CENTER, L.P. ("Owner"), the Owner of the real estate described herein has executed a Contract dated June 7, 2004 with WOHLSEN CONSTRUCTION COMPANY ("Contractor"), whose principal place of business is located at 548 Steel Way, Lancaster, PA 17601, for the construction of certain improvements to said real estate situate at Rossmoyne Road and Westport Drive, Lower Allen Township, Cumberland County, Pennsylvania as more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this / dayof ~-~/o~r,j,~ ,2004, beforeany authority had been given by Owner to Contractor to commence work on said facilities or purchase materials for same, in consideration of making of the above-described Contract between Owner and Contractor, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land described herein or any interest of Owner therein by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or abut the erection, construction, design and improvement of said facilities, under said contract or otherwise, the fight to have, file and maintain such liens or claims against the facilities and the land described herein, being hereby expressly waived by the Contractor for itself,/ts subcontractors, all materialmen, or workmen and other acting through or under them. IN WFFNESS WHEREOF, each of the parties, by their duly authorized representatives, have hereunto executed the Stipulation Against Liens this / day of -,~/~m~,~, 2004. OWNER: LOWER ALLEN BUSINESS CENTER, LoP. ESS CENTER, L.P. By: PHASE II DEVELOPMENT PARTNERS, LLC, its General Partner J~ffrey A_. Gmbb, l~mber Dated: September 2, 2004 CONTRACTOR: WOHLSEN CONSTRUCTION COMPANY EXHIBIT "A" Parcel No. 13-10-0256-004 ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, mom particularly bounded and described as follows, to wit: BEGINNING at a point at the northeast comer of the intersection of Rossmoyne Road (S. R. 2021) and Westport Drive; thence leaving said point and going along the western property line Ritter Tract Business Center North 26 degrees 35 minutes 50 seconds West, a distance of 284.40 feet to an iron pin on the western property line of Ritter Tract Business Center and the eastern right-of-way of Rossmoyne Road; thence continuing along the western property line of Ritter Tract Business Center North 25 degrees 35 minutes 16 seconds West, a distance of 250.74 feet to an iron pin on the western property line of Ritter Tract Business Center and the eastern right-of-way of Rossmoyne Road; thence continuing along the western property line o fRitter Tract Business Center North 34 degrees 55 minutes 23 seconds West, a distance of 613.50 feet to an iron pin on the northern property line of Ritter Tract Business Center; thence going along the northern property line of Ritter Tract Business Center North 23 degrees 00 minutes 25 seconds East a distance of 518.88 feet to an iron pin on the northern property line of Ritter Tract Business Center; thence going along the eastern property line of Ritter Tract Business South 35 degrees 24 minutes 12 seconds East a distance of 1484.93 feet to a concrete monument on the eastern property line of Ritter Tract Business Center, labeled as the Primary Control Point, as shown on the Final Land Development Plans for Ritter Tract Business Center; thence continuing along the eastern property line of Ritter Tract Business Center South 35 degrees 24 minutes 12 seconds East, a distance of 88.59 feet to a iron pin on the southern property line of Ritter Tract Business Center and the northern right-of-way of Westport Drive; thence going along the southern property line of Ritter Tract Business Center South 6~ degrees 36 minutes 47 seconds West, a distance of 298.67 feet to an iron pin on the southern property hne of Ritter Tract Business Center and the northern right-of-way of Westport Drive; thence continuing along the sonthem property line of Ritter Tract Business Center along a curve to the right having a radius of 890.00 feet and a length of 104.02 feet to an iron pin on the sonthem property line of Ritter Tract Business Center and the northern right-of-way of Westport Drive; thence continuing along the southern property line of Ritter Tract Business Center South 62 degrees 55 minutes 00 seconds West, a distance of 110,57 feet, said arc being subtended by a chord of South 66 degrees 15 minutes 53 seconds West, a chord distance of 103.96 feet to an iron pin on the southern property line of Pdtter Tract Business Center and the northern right-of-way of Westport Drive; thence continuing along the southern property line of Ritter Tract Business Center along a curve to the right having a radius of 40.00 feet and a length of 63.17 feet, said arc being subtended by a chord of North 71 degrees 50 minutes 25 seconds West, a chord distance of 56.81 feet to an iron pin on the western property line of Ritter Tract Business Center; said point being the place of BEGINNING. BEING the same premises which Susan M. Ritter by her Deed dated January 28, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 255, Page 2634, granted and conveyed unto Lower Allen Business Center, L.P., a Pennsylvania limited partnership. 405729vl 4