HomeMy WebLinkAbout02-0582GR~¥ D~IVE~ LP
Owner
V,
KINSLE¥ CONSTRUCTION, INC.
Contractor
: IN TME COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
WHEREAS, GRAY DRIVE, LP, of 76 Emlyn Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055, (the "Owner") the Owner of
the hereinafter described tract of land, has executed or is about
to execute contemporaneously herewith a contract with KINSLE¥
CONSTRUCTION, INC. of 2700 Water ~treet, York, Pennsylvania 17403
(the "Contractor") for improvements to the premises located a~''
Upper Allen Township, Cumberland County, Pennsylvania, more
particularly described on "Exhibit A" attached hereto and made a
part hereof (the "Premises,,).
NOW, January 28, 2002, before any authority has been given
by said Owner to the said Contractor to commence work on said
premises or to otherwise construct any improvements uhereto, or
tO purchase materials for the same, or to enter into any
contracts with any subcontractors, or materialmen, or to
authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with
the Owner and the further consideration of One Dollar ($1.00), to
Contractor paid by said Owner, and with the intent of all parties
to be legally bound hereby, it is agreed that no lien shall be
filed against the building or Premises or any part thereof, by
the Contractor or any subcontractor, or by any of the materialmen
or workmen or any other person for any labor, or materials
PUrChased, or extra labor or materials purchased, for the
building and improvement~ to the ~remises (i~cludin~ hsreaftsr
changes made thereto), the right to file liens being expressly
waived.
IL is the full intent of the Contractor, for itself and for
any subcontractors or materialmen claiming for themselves, or by,
through or under the contract or the Contractor, ~hat the right
to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done
or materials furnished in and about the building and improvements
to the Premises above described is hereby waived.
WITNESS our hands and seals the day and year first above
written,
Witness
Witness
GRAY DRIVE, LP
by Gray Griffin, LLC
KINSL~Y CONSTRUCTION, INC.
Exhibit A
PAR._.~CE L 1
ALL THAT CERTAIN lOt of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly described as
follows, to wit:
BEGINNINIG at a point at the centerline intersection of "Grey
Drive,, (a 33 foot legal right-of-way}, and "South Market Street"
- S.R.0114 (an 80' right-of-way) crossing South Market Street
right-of-way South seventy-eight degrees thirty-eight minutes
thirty seconds East (S 78o 38' 30" E) a distance of 40.S$ feet to
a concrete monument on the eastern right-of-way line of South
Market Street; thence along lands now or formerly of the
Corporation of the Presiding Bishop of the Church of Jesus Christ
of Latter Day Saints the following courses and distances:
1. Alon~ a curve to the left, havin~ a radius of 25.00 feet, an
arc length of 44.~1 feet to a conurete monument;
2. Thence along a curve, curving to the left having a radius of
270.00 feet, an arc length of 38.93 feet to a concrete monument;
3. Thence North seventy-three degrees twenty-three minutes nine
seconds East (N 73- 23' 09" E) a distance of 223.97 feet to a
concrete monument;
4. Thence along a curve,
35.00 feet, an arc length
5. Thence North nineteen
seconds West (N 19o 28'
concrete monument;
curving to the left having a radius of
of 56.73 feet to a concrete monument;
degrees twenty-eight minutes forty-one
"W) a distance of 34S.55 feet to a
6. Thence along a curve,
25.00 feet, an arc length
7. Thence along a curve,
50.00 feet, an arc length
curving tO the left having a radius of
of 18.54 feet to a concrete monument;
curving to the right having a radius of
of 100.68 fee~
~. T~ence North nineteen degrees twenty-eight minutes forty-one
seconds West (N 19o 28, 41" W) a distance of 23.07 fee~;
Thence along lands now or formerly of Walter R. May, Jr. the
following courses and distances:
1. North eighty-seven degrees forty-nine minutes three seconds
East (N 87~ 49' 03" ~) a distance of 75.51 feet;
2 Thence South lghty-e~ght degrees thirty-six minutes nine
seconds East (S 880 36' 09" E), a distance of 193.58 feet;
3. Thence South fourteen de~rees six minutes nine seconds East
(S 14o 06' 09" ~) a distance of 288.75 feet;
4. Thence North fifty-eight degrees forty-eight minutes fifty-
six seconds East (N 58: 48' 56" E) a distance of 171.48 feet;
Thence along Lot "B" Of the plan described herein (now a portion
of the "Whitebrier, subdivision) the following courses and
distances:
1. South twenty-five degrees thirty-nine minutes three seconds
East (S 25° 39' 03" E) a distance of 280.51 feet;
2. Thence South forty-four degrees thirty-five minutes fifty-one
seconds East (S 44° 3S' 51" E) a distance of 70.00 feet;
3. Thence South zero degrees fifty-seven minutes fifty-nine
seconds West (S 000 57, 59" W) a distance of 77.44 feet;
4, Thence South eight degrees six minutes thirty-two seconds
East (S 08° 06' 32" E) a distance of 75.44 feet;
5. Thence South two degrees zero minutes eighteen seconds East
(S 020 00' 18" E) a distance of 83.51 feet;
6. Thence South twenty-three degrees forty-one minutes forty
seconds West (S 23° 41' 40" W) a distance of 53.56 feet;
7. Thence South sixty-one degrees thirty-nine minutes fifty
seconds West (S 61° 39' 50" W) a distance of 53.78 feet;
8. Thence South twenty-nine degrees nineteen n%inutes seventeen
~ec0nds West (S 29~ 19I 17" W) a distance of lOl.B0 feet~
9. Thence South fifteen degrees fifty-five minutes nineteen
seconds West (S 15o 55' 19" W) a distance of 83.97 feet;
Thence along lands now or formerly of Arlington Hills Home
Owner's Association the following courses and distances:
1. North sixty-one degrees thirty~eight minutes eight seconds
West (N 61o 38' 08" W} a distance of 136.22 feet;
2. Thence along a curve, curving to the right having a radius of
326.56 feet, an arc length of 156.40 feet;
3. Thence along a curve, curving to the left having a radius of
25.38 feet, an arc length of 30.58 feet;
4. Thence South zero degrees thirty-one minutes forty-four
seconds West (S 00° 31' 44, W) a distance of 28.74 feet;
Thence crossing a portion of "English Drive,, (a 60 foot right-of-
way) the following courses and distances:
1. North eighty-nine degrees twenty-eight minutes sixteen
seconds West (N 890 28' 16" W) a distance Of 30.00 feet;
2. Thence South zero degrees thirty-one minutes forty-four
seconds West (S 000 31' 44" W) a distance of 22.22 feet;
Thence crossing English Drive and also along lands now or
formerly of Joh~ W. Partridge, North eighty-nine degrees twenty-
eight minutes sixteen seconds West (N 89° 28' 16" W] a distance
of 145.00 feet; thence along both lands now or formerly of John
W. Partridge and various land owners of eleven (11) properties in
Arlington Hills the following courses and distances:
1. South zero degrees thirty-one minutes forty-four seconds West
(S 00o 31' 44" W) a distance of 278.00 feet; _
2. Thence South eleven degrees fifty-one minutes five seconds
East (S 11o 51' 05" E) a distance of 72.96 feet;
Thence along three (3) tracts of land now or formerly of Anthony
T. Intreri, South seventy-eight degrees eight minutes fifty-five
seconds West (S 780 08' 55" W) a distance of 78.20 feet; thence
along lands now or formerly of D. Ray Hostetter, North seven
de~ree~ tWenty-four minutes thirty-three second~ we~t (N 07° 24,
33 w) a distance of 238.20 feet; thence along the same and also
lands now or formerly of James C. Wolfe, North twelve degrees
fifty-two minutes forty-four seconds West (N 12° 52' 44" W) a
distance of 240.90 feet; thence along said lands of James c.
Wolfe and crossing a portion of Gray Drive, South seventy-nine
degrees fifty-eight minutes thirt -four
34, W ~ ..... ~ ..... Y seconds West (S 79°
) a ..... ~ ~ ~ gu ~e~ ~ .... ~ - ,- 58~
· =~ ~u ~ ~u~roao spike on the
cen~erline of "Gray Drive" (T-662); thence along ~aid centerline,
North two de~rees thirteen minutes fifty-four seconds East (N 020
13' 54" E) a distance of 94.70 feet to a copper rod; thence
crossing Gray Drive North six~y-nine degrees thirty-three minutes
forty-three seconds East (N 69° 33' 43" E) a distance of 27.09
feet; thence along Lot "C" (lands now or formerly of Richard E.
Mowery) the following courses and distances:
1. South two degrees thirteen minutes fifty-four seconds West
020 13' 54" W) a distance of 16.26 feet;
2. Thence North sixty-nine degrees thirty-three minutes forty-
~hree seconds Eas~ (N 69~ 33' 43" ~) a distance of 344.89 f~et;
3. Thence North sixteen de~rees nine minutes forty-five Seconds
West (N 16o 09, 45', W) a distance of 130.46 feet;
4. Thence South sixty-eight degrees thirteen minutes fifty-five
seconds West (S 68~ 13' 55" W) a distance of 303.30 feet;
5. Thence South two degrees thirteen minutes fifty-four seconds
West (S 02o 13' 54', W) a distance of 16.42 feet;
Thence crossing Gray Drive, South sixty-eight degrees thirteen
minutes fifty-five seconds West (S 68o 13' 55" W) a distance of
27.37 feet to a copper rod in the centerline of Gray Drive;
Thence along the centerline of Gray Drive the following courses
and distances:
1. North two degrees thirteen minutes fifty-four seconds East (N
02~ 13' 54" E) a distance of 57.00 feet to a copper rod;
2. Thence along a curve, curving to the left, having a radius of
313.95 feet, an arc length of 139.89 feet to a copper rod;
3. Thence North twenty-three degrees seventeen minutes fifty-
four seconds West (N 23: 17' 54" W) a distance of 70.87 feet to
the point of BEGINNING.
BEING LOT A on the Three Lot Subdivision (Lots A, B and C) Plan
for Sanbury Corporation, prepared by J. Michael Brili & As~0e.
~nc., Consult~n~ ~n~nemr~, re~orded in Cura~merland County Plan
Book 65, Page 148.
Being Tax Parcel 42-27-1890-001
PARCEL 2
ALL THAT CERTAIN piece, parcel, lot or tract of land situate in
Upper ~llen Township, Cumberland County, Pera%s ivan
a Preliminary/Final Subdivision ~lan en~-~ ~ ia_a~ shown on
SUbdivision (Lots A, B and C). for Sanbury Corporation recorded
in Plan ~ook 65, Page 148; and more particularly bounded and
desoribed as follows to wit:
BEGINNING au a point on the easterly dedicated right-of-way line
of Gray Drive T-662 (33 foot right-of-way) at the dividin~ line
between Lot A and Lot C as shown on the aforementioned
Subdivision Plan; thence along said dividing line North sixty-
eight de~rees thirteen minutes fifty-five seconds East (N 65~ 13'
55" E), a distance of 303.30 feet to a point; thence continuing
South sixteen degrees nine minutes forty-five seconds East (S 16°
09' 45" E) a distance of 1~0.4~ feet to a molnt: thence South
~xuy-ntne de~rees thirty-three m~nutes forty-three seconds West
(S 69o 33' 43" W), a distance of 344.89 feet to a point; thence
North two degrees thirteen minutes fifty-four seconds East (N 020
13' 54" E) a distance of 16.26 feet to a point at lands now or
formerly of Richard E. Mowery (Deed Book 28-K-573); thence along
said lands now or ~0rmerl¥ of M0wry North ~ixt¥-nine
thirty-three minutes forty-three seconds East (N 690 33' 43', E) a
distance of 324.71 feet to a point; thence North sixteen de~rees
nine minutes forty-five seconds West (N 16o 09, 45,, W) a distance
of 100.00 feet to a point- thence South lxty-elght degrees
thirteen minutes fifty-five seconds ~st (S 680 13' 55" W) a
distance of 293.43 feet to a point; ~nence North two de~rees
thirteen minutes fifty-four seconds ~ast (N 02~ 13, 54', E) a
distance of 16.42 feet to a point the place of BEGINNING.
BEING Lot C on the Preliminary/Final Subdivision Plan of Three
Lots Subdivisions (Lots A, B and C) recorded in Plan Book 65,
Pa~e 148.
BEING the same premises which Greenville Agricultural Credit
Corporation, a North Carolina corporation, by deed dated December
17, 1999, and recorded De~ember 27, 1999, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed Book 213, Pa~e 940, ~ranted and conveyed unto G~ay Drive,
LP.
ALL TF~AT CERTAIN tract or parcel of land situate in the Township
of Upper Allen, County of Cumberland, Commonwealth of
Pennsylvania, bounded and described as follows:
BEGINNING at a Concrete Monument set in the eastern right-of-way
line of South Market Street (L.R. 416), said Monument being
located at the northern end of a curve connecting the northern
right-of-way line of ~ereford Drive and the eastern ri~ht-of-wa¥
line of South Market Street; thence along the said eastern right-
of-way line of South Market Street by a curve to the left having
a radius of 1,9S0.08 feet, an arc length of 543.04 feet the
chord of which is North 4 degrees 47 minutes 08 seconds'West,
541.29 feet to a point in the southern line of lands now or
formerly of Walter R. May, Jr.; thence along said lands now or
formerly of Walter R. May, Jr. South 89 degrees 21 minutes 50
seconds East, a distance of 207.66 feet to a point; thence along
lands designated as o~en space of Arlington
SOUth 19 degrees 28 mmnutes 41 seconds East,Hills' Phase II,
feet to a point in the right-of-way line of a distance of 23.07
English Drive; thence
along the said right-of-way line of English Drive by a curve to
the left having a radius of 50.00 feet, an arc length of 100,68
f~@t, th~ chord 0£ which is ~ou~h 4 de~r~ ~7 m~nute~ ~ eecon~e
Easu, $4.51 £eet to a Concrete Monument; thence continuing along
the same by a curve to the right having a radius of 25.00 feet,
an arc length of 18.69 feet, the chord of which is South 40
degrees S3 minutes 41 seconds East, 18.26 feet to a Concrete
Mgnument; thence continuing along the same South 19 degrees 28
mmnutes 41 seconds East, a distance of 34S.~5 feet to a Concrete
Monument; thence leaving the said western right-of-way line of
English Drive by a curve to the right having a radius of 35.00
feet, an arc length of 56.73 feet, the chord of which is South 26
degrees S7 minutes 14 seconds West, ~0.72
Monument set i~ the northern right-of~way feet, to a Concrete
line of Hereford Drive;
thence along the northern right-of-way line of Hereford Drive
South 73 de re '
_ . g es 23 m~nutes 09 seconds West, a distance of 233.97
reef to a Concrete Monument; thence continuing along the same by
a curve to the right having a radius of 270.00 feet, an arc
length of 38.93 feet, the chord of which is South 77 degree 31
minutes 00 seconds West, 38.90 feet ~o a Concrete Monument;
thence leaving the northern right-of-way line of Hereford Drive
by a curve to the right having a radius of 25.00 feet, an arc
length of 44.31 feet, the chord of which is North 47 degrees 34
minutes 49 seconds West, 38.73 feet to a Concrete Monument, the
place of B~GINNIN~.
COITTAINING 2.99 acres of land.
TOGETHER with the right of ingress, egress and regress for street
purposes over and upon Such streets known as English Drive and
~ereford Drive insofar as they abut the property herein conveyed.
BEING the same premises which Corporation of the Presiding Bishop
of the Church of Jesus Christ of the Latter Day Saints, a Utah
Corporation, by deed dated December 7, 2001, and recorded
December 10, 2001, iu the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 249, Page
2691, granted and conveyed unto Gray Drive,
TOTAL P. 10