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Home My WebLink About04-6358 GRAY DRIVE, LP, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - t.,6!t fYlCD t~ EG STOLTZFUS CONSTRUCTION, LLC, Contractor STIPULATION AGAINST LIENS WHEREAS, GRAY DRIVE, LP of 74 Emlyn Drive, Mechanicsburg, 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 EG STOLTZFUS CONSTRUCTION, LLC of 2127 New Holland Pike, Lancaster, Pennsylvania 17601 (the "Contractor") for improvements to the premises located at and known as Graham Hill Apartments, Upper Allen Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A" attached hereto and made a part hereof (the "Premises"). NOW, November 23, 2004, 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 thereto, 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 g' 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 improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It 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, that 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. Attest: GRAY DRIVE, LP by Gray Griffin, LLC ,y~ ,y,~ ----. Attest: EG STOLTZFUS CONSTRUCTION, LLC 'y' l'';~<Ll.~j~~j'~~ c- -'-~Y.~:::~ \ s- tks-\MA...j ~ By: "E>(2.€.t-lT ~ $-W~S l'~ ll?6N' Exhibit A COMBINATION OF LOT 1. LOT 2. AND PROPOSED RIGHT-OF-WAY ALL THAT CERTAIN parcel of ground known as the combination of Lot 1, Lot 2, and the proposed English Drive/Gray Drive right-of-way as shown on a plan entitled "Final Subdivision and Land Development Plan for Graham Hill Apartments" recorded in the Cumberland County Recorder of Deeds in Plan Book 85, page 5 on March 20, 2002, located in the Township of Upper Allen, within the County of Cumberland, in the Commonwealth of Pennsylvania, being more fully bounded and described as follows to WIT: Beginning at a point on the eastern side of the Eighty foot (80') right-of-way of South Market Street (S.R. 0114) at the southwest corner oflands now or formerly of Fulton J. and Colleen Kennedy as recorded in Deed Book 181 page 1042; Thence along said lands of Kennedy the following three (3) courses: 1.) South Eighty-nine Degrees Four Minutes Thirty-five Seconds East (S 89004'35" E) a distance of Four Hundred Seventy-nine and Eighty-nine Hundredths feet (479.89') to a Yz" rebar found; 2.) South Fourteen Degrees Twenty-five Minutes Nine Seconds East (S 14025'09" E) a distance of Two Hundred Eighty-seven and Sixty-nine Hundredths feet (287.69') to an iron pipe with tack found; 3.) North Fifty-eight Degrees Thirty-six Minutes Fifty-three Seconds East (N 58036'53" E) a distance of One Hundred Sixty-seven and Forty-three Hundredths feet (167.43') to a Yz" rebar found at lands now or formerly of Waren and Mary Persak as recorded in Deed Book 107 page 146; Thence along said lands now or formerly of Waren and Mary Persak and continuing along lands now or formerly of Gary A. and Judy Dambach as recorded in Deed Book 130 page 892 South Twenty-five Degrees Thirty-nine Minutes Three Seconds East (S 25039'03" E) a distance of Two Hundred Eighty and Nineteen Hundredths feet (280.19') to a y," rebar found at lands now or formerly of David and Gina Jablomski as recorded in Deed Book 101 page 930; Thence along said lands now or formerly of David and Gina Jablomski South Forty-four Degrees Twenty-five Minutes Thirty-five Seconds East (S 45025'35" E) a distance of Seventy and Zero Hundredths feet (70.00') to a Yz" rebar found at lands now or formerly of John and Eileen Difonzo as recorded in Deed Book 105 page 689; Thence along said lands now or formerly of John and Eileen Difonzo South One Degree Eighteen Minutes Fifteen Seconds West (S 01018'15" W) a distance of Seventy-seven and Forty-four Hundredths feet (77.44') to a Yz" rebar found at lands now or formerly of Ralph and Gail Palmer as recorded in Deed Book 195 page 452; Thence along said lands now or formerly of Ralph and Gail Palmer South Seven Degrees Fifty-six Minutes Sixteen Seconds East (S 07056'16" E) a distance of Seventy-five and Thirty-eight Hundredths feet (75.38') to a Yz" rebar found at lands now or formerly of Mathew 1. and Carole R. Brown as recorded in Deed Book 180 page 1003; Thence along said lands now or formerly of Mathew J. and Carole R. Brown South One Degree Fifty Minutes Forty-two Seconds East (S 01050'42" E) a distance of Eighty-three and Fifty-five Hundredths feet 1 (83.55')" to a y," rebar found at lands now or formerly of Phillip and Barbara Cain as recorded in Deed Book 126 page 1184; Thence along said lands now or formerly of Phillip and Barbara Cain the following two (2) courses: 1.) South Twenty-three Degrees Fifty-one Minutes Sixteen Seconds West (S 23051 '16" W) a distance of Fifty-three and Fifty-six Hundredths feet (53.56') to a Yz" rebar found; 2.) South Sixty-two Degrees Five Minutes Twenty-two Seconds West (S 62005'22" W) a distance of Fifty-three and Seventy-eight Hundredths feet (53.78') to a Yz" rebar found at lands now or formerly of Gene and Lorie Below as recorded in Deed Book III page 356; Thence along said lands now or formerly of Gene and Lorie Below South Twenty-nine Degrees Forty-four Minutes Forty-nine Seconds West (S 29044'49" W) a distance of One Hundred One and Fifty Hundredths feet (101.50') to a Yz" rebar found at lands now or formerly of Deborah Witcomb as recorded in Deed Book 204 page 778; Thence along said lands now or formerly of Deborah Witcomb South Sixteen Degrees Twenty Minutes Fifty-one Seconds West (S 16020'51" W) a distance of Eighty-three and Ninety-seven Hundredths feet (83.97') to a point at lands now or formerly of Arlington Hills Homeowners as recorded in Deed Book 30-X page 514; Thence along said lands now or formerly of Arlington Hills Homeowners the following four (4) courses: 1.) North Sixty-one Degrees Thirty-six Minutes Nine Seconds West (N 61036'09" W) a distance of One Hundred Thirty-five and Sixty-three Hundredths feet (135.63') to a point; 2.) By a curve to the right having a radius of Three Hundred Twenty-six and Fifty-six Hundredths feet (326.56') an arc length of One Hundred Fifty-five and Fifty-three Hundredths feet (155.53'), said curve having a chord bearing South Fifty-five Degrees Fifty-seven Minutes Five Seconds West (S 55057'05" W) and a chord length of One Hundred Fifty-four and Six Hundredths feet (154.06') to a point; 3.) By a curve to the left having a radius of Twenty-five and Thirty-eight Hundredths feet (25.38') an arc length of Thirty and Fifty-eight Hundredths feet (30.58'), said curve having a chord bearing of South Thirty-five Degrees Four Minutes Forty-four Seconds West (S 35004'44" W) and a chord length of Twenty-eight and Seventy-six Hundredths feet (28.76') to a point; 4.) South Zero Degrees Thirty-three Minutes Forty-three Seconds West (S 00033'43" W) a distance of Twenty-eight and Seventy-four Hundredths feet (28.74') to a point at lands now or formerly of Geir Magnusson as recorded in Deed Book 215, page 268; Thence along the northern side of a Sixty foot (60') right-of-way of English Drive North Eighty-nine Degrees Twenty-six Seconds Seventeen Seconds West (N 89026' 17" W) a distance of Thirty and Zero Hundredths feet (30.00') to a point on said right-of-way; Thence along the same South Zero Degrees Thirty-three Minutes Forty-three Seconds West (S 00033'43" W) a distance of Twenty-two and Twenty-two Hundredths feet (22.22') to a point on the same; Thence continuing along said right-of-way North Eighty-nine Degrees Twelve Minutes Nine Seconds West (N 89012'09" W) a distance of Thirty and Five Hundredths feet (30.05') to a Yz" rebar found at lands now or formerly of Janet Cross as recorded in Deed Book 199 page 882; Thence along said lands now or formerly of Janet Cross North Eighty-nine Degrees Twelve Minutes Nine Seconds West (N 89012'09" W) a distance of One Hundred Fifteen and Twenty-eight Hundredths feet (115.28') to a Yz" rebar found; 2 Thence along the same and continuing along lands now or formerly of Keith and Joyce Sealover as recorded in Deed Book 172 page 85, lands now or formerly of Scott and Carol Moser as recorded in Deed Book 198 page 555, lands now or formerly of Harry T. Dunn as recorded in Deed Book 31-X page 895, lands now or formerly of Joe and Sue Peck as recorded in Deed Book 31-Y page 77, lands now or formerly of Phillip Sullivan II, lands now or formerly of Michael Dejoseph as recorded in Deed Book 36-R page 583, lands now or formerly of Michelle L. Nissly as recorded in Deed Book 35-L page 1112, lands now or formerly of Norm ann L. Bilodeau as recorded in Deed Book 228 page 89, and lands now or formerly of Pat rick J. and Gloria J. Duffy as recorded in Deed Book 162 page 336 South Zero Degrees Forty Minutes Forty-nine Seconds West (S 00040'49" W) a distance of Two Hundred Seventy-eight and Thirty-four Hundredths feet (278.34') to a point at lands now or formerly of Amy E. Bankes as recorded in Deed Book ISO page 837; Thence along said lands now or formerly of Amy E. Bankes and continuing along lands now or formerly of Susan Jamieson as recorded in Deed Book 142 page 190 South Eleven Degrees Forty-two Minutes Zero Seconds East (S 11042'00" E) a distance of Seventy-two and Ninety-six Hundredths feet (72.96') to a point at lands now or formerly of Anthony T. and Marianne Intreri as recorded in Deed Book 103, page 309; Thence along said lands now or formerly of Anthony T. and Marianne Intreri South Seventy-eight Degrees Eighteen Minutes Zero Seconds West (S 78018'00" W) a distance of Seventy-eight and Twenty-eight Hundredths feet (78.28') to a point at lands now or formerly of Hostetter Family Trustees as recorded in Deed Book 109, page 1029; Thence along said lands now or formerly of Hostetter Family Trustees North Seven degrees Ten Minutes Seventeen Seconds West (N 07010'17" W) a distance of Two Hundred Thirty-seven and Sixty-nine Hundredths feet (237.69') to an iron pipe found at lands ofthe same; Thence along the same and continuing along lands now or formerly of James C. and Patricia A. Wolf as recorded in Deed Book 32-X page 48 North Twelve Degrees Forty-nine Minutes Thirty-three Seconds West (N 12049'33" W) a distance of Two Hundred Forty-one and Thirty-eight Hundredths feet (241.38') to a point at lands now or formerly of Gray Drive LP as recorded in Deed Book 213, page 940; Thence along said lands now or formerly of Gray Drive LP the following Three (3) courses: 1.) North Fifty-three Degrees Thirteen Minutes Sixteen Seconds East (N 53013' 16" E) a distance of Three Hundred Eighteen and Thirteen Hundredths feet (318.13') to a point; 2.) North Sixteen Degrees Zero Minutes Forty Seconds West (N 16000'40" W) a distance of One Hundred Thirty and Forty-six Hundredths feet (130.46') to a point; 3.) South Sixty-eight Degrees Twenty-three Minutes Zero Seconds West (S 68023'00" W) a distance of Three Hundred Three and Forty-four Hundredths feet (303.44') to a point on the eastern side ofthe Fifty foot (50') right-of-way of Gray Drive; Thence along said right-of-way North Two degrees Twenty-five Minutes Forty-seven Seconds East (N 02025'47" E) a distance of Twenty-four and Ninety-five Hundredths feet (24.95') to a point on the same; Thence along the same North Two degrees Twenty-five Minutes Forty-seven Seconds East (N 02025'47" E) a distance of Four and Forty-four Hundredths feet (4.44') to a point (said course inadvertently not labeled on the above referenced recorded drawing for Graham Hill Apartments); Thence by a curve to the left having a radius of Three Hundred Thirty-eight and Ninety-five Hundredths feet (338.95') an arc length of Ninety-three and Three Hundredths feet (93.03'), said curve having a chord bearing of North Five Degrees Twenty-six Minutes One Second West (N 05026'01" W) and a chord length of Ninety-two and Seventy-four Hundredths feet (92.74') to a point on the same; 3 Thence by a curve to the left having a radius of One Hundred Fifty and Zero Hundredths feet (150.00') an arc length of Thirty-three and Twenty-nine Hundredths feet (33.29'), said curve having a chord bearing of South Fifty-two Degrees Sixteen Minutes Twelve Seconds West (S 52016'12" W) and a chord length of Thirty- three and Twenty-two Hundredths feet (33.22') to a point (said curve labeled on the above referenced recorded plan for Graham Hill Apartments as having an arc length of Seventy-seven and Eighty-nine Hundredths feet (77.89'), a chord bearing of South Fifty-eight Degrees Thirty-seven Minutes Forty-two Seconds West (S 58037'42" W), and a chord distance of Seventy-seven and Two Hundredths feet (77.02')); Thence by a curve to the left having a radius of Three Hundred Thirteen and Ninety-five Hundredths feet (313.95') an arc length of Seventy-four and Seventy-eight Hundredths feet (74.78'), said curve having a chord bearing of North Sixteen Degrees Sixteen Minutes Thirty-five Seconds West (N 16016'35" W) and a chord length of Seventy-four and Sixty Hundredths feet (74.60') to a nail found (said curve labeled on the above referenced recorded plan for Graham Hill Apartments as having an arc length of One Hundred Thirty~ nine and Eighty-nine Hundredths feet (139.89'), a chord bearing of North Ten Degrees Twenty Minutes Seven Seconds West (N 10020'07" W), and a chord distance of One Hundred Thirty-eight and Seventy-four Hundredths feet (138.74')); Thence North Twenty-three Degrees Eight Minutes Ten Seconds West (N 23008'10" W) a distance of Sixty-nine and Eighty-six Hundredths feet (69.86') to a railroad spike found within South Market Street (S.R. 0114); Thence South Seventy-eight Degrees Thirty-one Minutes Twenty-four Seconds East (S 78031 '24" E) a distance of Thirty-nine and Seventy Hundredths feet (39.70') to a concrete monument found on the eastern side of the Eighty foot (80') right-of-way of South Market Street (S.R. 0114); Thence along the eastern side of said right-of-way by a curve to the left having a radius of One Thousand Nine Hundred Fifty and Eight Hundredths feet (1,950.08') an arc length of Five Hundred Forty-four and Eighty-eight Hundredths feet (544.88'), said curve having a chord bearing of North Four Degrees Forty- four Minutes Thirty-eight Seconds West (N 04044'38" W) and a chord length of Five Hundred Forty-three and Eleven Hundredths feet (543.11') to a point on the same at the southwest corner oflands now or formerly of Fulton J. and Colleen Kennedy as recorded in Deed Book 181 page 1042, the PLACE OF BEGINNING. The above described tract being known as the combination of Lot I, Lot 2, and the proposed English Drive/Gray Drive right-of-way of the above referenced plan of Graham Hill Apartments and containing Fifteen and Thirty-five Hundredths Acres, more or less (15.35 Acres +/-). LOT 3A & LOT 3B COMBINED ALL THAT CERTAIN parcel of ground known as the combination oflots Lot 3A and Lot 3B as shown on a plan entitled "Final Subdivision and Land Development Plan for Graham Hill Apartments" recorded in the Cumberland County Recorder of Deeds in Plan Book 85, page 5 on March 20, 2002, located in the Township of Upper Allen, within the County of Cumberland, in the Commonwealth of Pennsylvania, being more fully bounded and described as follows to WIT: Beginning at a point on the eastern side of the Fifty foot (50') right-of-way of Gray Drive at the northern line oflands now or formerly of James C. & Patricia A. Wolf as recorded in Deed Book 32-X, page 48; 4 Thence along the eastern right-of-way of Gray Drive the following four (4) courses: 1.) North Two Degrees Twenty-two Minutes Fifty-five Seconds East (N 02022'55" E) a distance of Ninety-nine and Seventy-seven Hundredths feet (99.77') to point; 2.) North Two Degrees Twenty-two Minutes Fifty-five Seconds East (N 02022'55" E) a distance of One Hundred and Sixty-nine Hundredths feet (100.69') to a point; 4.) North Two Degrees Twenty-five Minutes Forty-seven Seconds East (N 02025'47" E) a distance of Eleven and Twelve Hundredths feet (11.12') to point; 5.) North Two Degrees Twenty-five Minutes Forty-seven Seconds East (N 02025'47" E) a distance of Sixteen and Forty-two Hundredths feet (16.42') to point at lands now or formerly of Gray Drive, LP as recorded in Deed Book 213, page 940; Thence along said lands now or formerly of Gray Drive, LP the following three (3) courses: 1.) North Sixty-eight Degrees Twenty-three Minutes Zero Seconds East (N 68023'00" E) a distance of Three Hundred Three and Forty-four Hundredths feet (303.44') to a point; 2.) South Sixteen Degrees Zero Minutes Forty Seconds East (S 16000'40" E) a distance of One Hundred Thirty and Forty-six Hundredths feet (130.46') to a point; 3.) South Fifty-three Degrees Thirteen Minutes Sixteen Seconds West (S 53013' 16" W) a distance of Three Hundred Eighteen and Thirteen Hundredths feet (318.13') to a point at lands now or formerly of James C. & Patricia A. Wolf as recorded in Deed Book 32-X, page 48; Thence along said lands now or formerly of James C. & Patricia A. Wolf South Eighty Degrees Seven Minutes Thirty-nine Seconds West (S 80007'39" W) a distance of Seventy-three and Forty-two Hundredths feet (73.42') to a point on the eastern side of the Fifty foot (50') right-of-way of Gray Drive, the PLACE OF BEGINNING. The above described tract being known as the combination of lots Lot 3A and Lot 3B of the above referenced Plan of Graham Hill Apartments and containing One and Thirty-seven Hundredths Acres, more or less (1.37 Acres +/-). 5 P -lQ -- N l vt ,.~,) c> ,CO"~ .:" -n #. () :-;,.I'T' C ,,'\ -- ,-I - ~ ~ -u -~.~ .J::. V( F ..() -.J:::. ( 1 (' ,~) r"-'l' Ct,,; ~