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HomeMy WebLinkAbout04-4819RIVERSIDE CARDIOLOGY 1, a Pennsylvania general partnership, AND Owne~: : MCCOY BROS., INC., a Pennsylvania corporation, Contract¢ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~STIPULATION AGAINST LIEN:; WHEREAS, RIVERSIDE CARDIOLOGY i, a Pennsylvania general parmership ("Owner"), the Owner of the real estate described herein has executed a Contract dated September _ ~_.~ _, 2004, with MCCOY BROS., INC. ("Contractor"), whose principal place of business is located at 1514 Commerce Avenue, P.O. Box 7300, Carlisle, Pennsylvania 17013 for the construction of certain improvements to said real estate situate at Lot No. 18A and Lot No. 18B-I, McCoy Business Center, 360 Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania as more particularly bounded and described on Exhibit "A", attached hereto and made a par~ hereof; and NOW, THEREFORE, this ~ day of September, 2004, before any authority had been given by Owner to Contractor to commence work on said facilities or purchase materials for same, in consideration of making oftbe 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 right 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, its subcontractors, al/materialmen, or workmen and other acting through or under them. This Stipulation Against Liens may be executed in counterparts, and each such counterpart shall be deemed to be an or/gna/instrument, but al/such counted'parts together shall constitute but one agreement. IN WITNESS WHEREOF, each of the parties, by their duly authorized l~orcsentativcs, have hcruunto executed the Stipulation Against Liens this ~t~ ~.z day of September, 2004. OWNER: RIVERS/DE CARDIOLOGY i, a Pennsylvania general partnership Dated:_ CONTRACTOR: MCCOY BROS., INC. EXHIBIT "A' ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin set at the dedicated right of way line of Alexander Spring Road (T-469) (said dedication is 30.00' from centerline); thence along other lands of McCoy Business Center known as Lot No. 17 and Lot No. 121; North 13 degrees 38 minutes 16 as recorded in Plan Book 61 page 34 seconds West 266.24' to an iron pin set at Lot No. 18-C as shown on the Final Minor Subdivision Plan for McCoy Business Center, of which this lot is a p .art, as recorded in Plan Book 89 Page 72, thence along said Lot No. 18-C, North 76 degrees 14 minutes 17 seconds East 225.72' to an iron pin set at the right of way line of Jennifer Court; thence along said right of way line of Jennifer Court the following four (4) course and distances: I on a curve to the lek having a radius iron pin set (Chord bearing S 47-32-33 of 70.00' and an arc length of 90.36' to an E distance 84.22'.); thence 2. on a curve to the right having a radius of 25.00' and an arc length of 35.31' to an iron pin set; (Chord bearing S 44-04-06 E distance 32.45' ) thence thence 3. South 03 degrees 36 minutes 35 seconds East 151.65 feet to an iron pin set; 4. by a curve to the right having a radius of 25.00' and an arc length of 36.77' to a point on the 30' dedicated right of line of Alexander Spring Road (T-469) (Chord 31-36 W distance of 33.54'); bearing S 38- thence along the aforementioned 30' dedicated right of way line along Alexander Spring Road (T-469) by a curve to the let~ having a radius of 526.15' and an arc length of 40.64' to an iron pin set (Chord bearing S-78-27-00 W distance 40.63' ); thence along the same South 76 degrees 14 minutes 17 seconds West 195.61' to an iron pin set, at the place of BEGINNING. CONTAINING 1.624 acres Formerly being all of Lot No. 18-A and a part Lot No. 18-B as shown of the Subdivision Plan for McCoy Business Center as recorded in Plan Book 76 page 787. And now known as Lot No. 18-A as shown on the Final Minor Subdivision Plan for McCoy Business Center as recorded in Plan Book 89 Page 72. BEING THE SAME PREMISES which McCoy Business Center, Pennsylvania general partnership, by its Deed dated September a the Recorder of Deeds in and for Cumberland CoUnty, Pennsylvania in Deed Book Page ,2004 and recorded in the Office of ~ granted and conveyed unto Riverside Cardiology I, a Pennsylvania general' partnership. _ 407194v!