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STIPULATION AGAINST LIENS
THIS AGREEMENT made this 20th day of December 2004, by and
between Granqer Construction Co., Inc., hereinafter referred to as
Contractor,
AND
Blacksmith Livinq Trust, legal owner, and Washco-Carlisle Crossinq,
LLC, equitable owner, collectively hereinafter referred to as
Owner, whereby the Contractor undertook and agreed to erect and
construct a commercial center or parts thereof on a certain lot of
ground situate in South ~ddl.eton Township, Cumberland County,
Commonwealth of Pennsylvania, and more fully described in Exhibit
"An which is attached hereto and made a part hereof to be known as
Carlisle Crossinq, Commercial Center.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or themselves and its, his
or their subcontractors, and all parties acting through or under
them, covenant and agree that no mechanic's liens or claims shall
be filed or maintained by them or any of them against the said
buildings and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of
them under said contract or otherwise, for, towards, in, or about
the erection and construction of the said buildings on the lot
above described, and the said Contractor, for itself, himself or
themselves, its, his or their subcontractors and others under them,
hereby expressly waive and relinquish the right to have, file, and
maintain any mechanic's liens or claims against the said buildings
or any of them, and agree that this instrument, waiving the right
of lien, shall be an independent covenant.
WITNESS our hands and seals the day and year first above
written.
Signed, sealed and delivered
in the presence of
ATTEST:
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Secretary (
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STATE OF NEW YORK
:
COUNTY OF ONONDAGA
On this, the 20th day of December, 2004, before me, the undersigned officer, personally
appeared Les Granger. who acknowledged himself to be the President of Granger Construction
Co., Inc., a Corporation, and that he as such President being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the said
Corporation by himself as such President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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(SEAL)
KAREN M. CAMPBEll
Notarxpublic, State of New York
QualIfIed In Onondaga County
NO.01CA6014566
Commission Expires Oct. 13, 20.Q.k.
LEGAL DESCRIPTIONS
Description of Tract I
ALL THAT CERTAIN tract ofland situate on the southerly side of Trindle Road, S.R.
0641, the westerly side of Fairview Street, T-5 12, the northerly side ofY ork Road, S.R.0074 and
the easterly side of American Legion Memorial Highway, Interstate Route 81, S.R. 0081, in
South Middleton Township, Cumberland County, Pennsylvania, as shown on an AL T A Land
Title Survey prepared by Herbert, Rowland & Grubic, Inc., dated March 23, 2004, Project No.
3073.001, said Tract I being more fully bounded and described as follows:
BEGINNING at a point at the intersection of Trindle Road and Fairview Street; thence
along land of Robert M. Frey, Robert and Betty Lebo, south 04 degrees 54 minutes 35 seconds
east, a distance of200.14 feet to an Iron Pin located easterly of the easterly right-of-way line of
Fairview Street; thence along land of Fairview Storage Associates and crossing the easterly right-
of-way line of Fairview Street, south 03 degrees 30 minutes 03 seconds east, a distance of 362.80
feet to a PK Nail in the center of Fairview Street; thence in the center ofFairview Street the
following 2 courses and distances: (1) in a line curving to the left, in a southeasterly direction,
having a radius of 442.86 feet, an arc distance of 145.60 feet, the chord of said arc being south 28
degrees SO minutes 38 seconds east, a distance of 144.95 feet to a point; (2) south 38 degrees 15
minutes 45 seconds east, a distance of84.80 feet to a PK Nail, a corner ofland of Edmund S.
Blacksmith; thence along the same the following 3 courses and distances: (I) south 70 degrees
44 minutes 21 seconds west, a distance of91.80 feet to a 3/4" Bolt; (2) south 48 degrees 54
minutes 03 seconds west, a distance of 195.62 feet to a 3/4" Bolt; (3) south 41 degrees 03
minutes 39 seconds east, a distance of 124.93 feet to a 3/4" Bolt in line ofland of Theodore U.
Geiman; thence along the same, south 48 degrees 44 minutes 03 seconds west, a distance of 34.81
feet to an Iron Pin in line of land of Don C. and Charlotte Smith; thence along the same, south 84
degrees 19 minutes 17 seconds west, a distance of37.29 feet to a 5/8" Iron Pin; thence continuing
along land of Don C. and Charlotte Smith and along land of Derek E. and Taylor A. Eisenberger
and Joel J. and Jeneane A. Malek, south 04 degrees 32 minutes 06 seconds east, a distance of
218.98 feet to a 5/8" Iron Pipe in line ofland of Lewis E. Klinedinst; thence along the same the
following 2 courses and distances: (I) south 86 degrees 07 minutes 20 seconds west, a distance
of 243.59 feet to a 2" Iron Pin; (2) south 03 degrees 41 minutes 27 seconds east, a distance of
78.58 feet to a fence post, a corner of land of Eugene K. Sette]; thence along the same the
following 3 courses and distances: (I) south 48 degrees 18 minutes 32 seconds west, a distance
of364.80 feet to a 5/8" Iron Pin; (2) south 00 degrees 21 minutes 18 seconds east, a distance of
372.99 feeHo a fence post; (3) south 28 degrees 42 minutes 53 seconds east, a distance of315.43
feet to a 5/8" Iron Pin on the northerly right-of-way line of Wood Lane, 50-feet wide); thence
along the same, south 39 degrees 28 minutes 17 seconds west, a distance of 49.78 feet to a 5/8"
Iron Pin, a comer of land of Charles M. Zimmerman; thence along the same the following 2
courses and distances: (1) north 60 degrees 43 minutes 39 seconds west, a distance of248.67 feet
to a 5/8" Iron Pin; (2) south 38 degrees 51 minutes 48 seconds west, a distance of 186.48 feet to
a 5/8" Iron Pin, a corner of land of William C. Brehm III and Cindy Morton; thence along the
same, south 39 degrees 31 minutes 03 seconds west, a distance of 44.02 feet to a I" Iron Pin, a
corner of other land of William C. Brehm III and Cindy Morton; thence along the same, south 40
degrees 26 minutes 00 seconds west, a distance of 143.68 feet to a 1" Iron Pin, a corner ofland of
Ruth E. Shenk; thence along the same and along land of Kevin Mixon and Thomas K. and Judith
L. Herrington south 39 degrees 55 minutes 47 seconds west, a distance of 221.25 feet to a 5/8"
Iron Pin in line of land of Kjell J. And Pilar M. Enge; thence along the same and along land of
Jack R. and Kyoko Brooks, Gregory A. and Robin L. Weigle and Charles N. Jr. and Ethel Barnett
EXHIBIT !IAn
north 57 degrees 04 minutes 47 seconds west, a distance of324,07 feet to a y." Iron Pin; thence
continuing along land of Charles N. Barnett, Jr., south 32 degrees 55 minutes 00 seconds west, a
distance of343.32 feetto railroad spike in the center of York Road, S,R. 0074, (40-feet wide);
thence in the center ofY ork Road the following 2 courses and distances: (1) in a line curving to
the left, in a northwesterly direction, having a radius of2,864.93 feet, an arc distance of 161 ,91
feet, the chord of said arc being north 60 degrees 45 minutes 51 seconds west, a distance of
161.89 feet to a PK nail; (2) north 62 degrees 23 minutes 00 seconds west, a distance of 164.72
feet to a railroad spike on the westerly side of a 16-foot wide unopened alley, a comer of land of
Mark M. and Doreen S, Mullen; thence along the same and along other land of Mark M. and
Doreen S. Mullen, north 29 degrees 36 minutes 16 seconds east, a distance of 340.34 feet to a
5/8" Iron Pin, a corner of land of James 1. and Margaret L. Stoy; thence along the same and
continuing along the westerly side of the aforesaid 16-foot wide unopened alley, north 28 degrees
57 minutes 46 seconds east, a distance of200.01 feet to a 5/8" Iron Pin; thence continuing along
land of James J. Stoy, north 58 degrees 23 minutes 07 seconds west, a distance of 166.74 feet to a
point on the easterly side of a 40-foot wide unopened street; thence along the same, north 31
degrees 24 minutes 19 seconds east, a distance of253.38 feet to a 5/8" Iron Pin at the terminus of
the aforesaid 40-foot wide unopened street; thence crossing the terminus of said street, north 59
degrees 55 minutes 36 seconds west, a distance of 40.14 feet to a I" Iron Pin, a corner ofland of
Earl A. Dellinger; thence along the same, north 58 degrees 58 minutes 12 seconds west, a
distance of 131.70 feet to a point, a corner of land of Eugene 1. and Kimberly A, Y offee; thence
along the same, north 57 degrees ]2 minutes 04 seconds west, a distance of 104,56 feet to a Vi'
Iron Pin, a comer of land of Elizabeth L, Smith; thence along the same, north 62 degrees 07
minutes 02 seconds west, a distance of217 .82 feet to a 5/8" Iron Pin on the easterly line of
American Legion Memorial Highway, Interstate Route 81, S.R. 0081, a limited access highway;
thence along the same the following 6 courses and distances: (1) in a line curving to the left, in a
northeasterly direction, having a radius of 4,673.75 feet, an arc distance of 843.23 feet, the chord
of said arc being north 36 degrees 07 minutes 09 seconds east, a distance of 842.08 feet to a
point; (2) south 59 degrees 02 minutes 58 seconds east, a distance of15.98 feet to a point; (3) in
a line curving to the right, in a northeasterly direction, having a radius of 460,00 feet, an arc
distance of287.78 feet, the chord of said arc being north 48 degrees 52 minutes 23 seconds east, a
distance of 283 .11 feet to a point; (4) north 66 degrees 47 minutes 44 seconds east, a distance of
474.98 feet to a 5/8" Iron Pin; (5) in a line curving to the left, in a northeasterly direction, having
a radius of 304.50 feet, an arc distance of 339.38 feet, the chord of said arc being north 34
degrees 51 minutes 59 seconds east, a distance of 322.08 feet to a 5/8" Iron Pin; (6) north 02
degrees 56 minutes 14 seconds east, a distance of26.6] feet to a 5/8" Iron Pin; thence continuing
along the same and along land of Kenneth W. Smith, north 50 degrees 47 minutes 17 seconds
east, a distance of357.08 feet to a railroad spike in the Center of Trindle Road, S.R. 0641, 124-
feet wide; thence in the center of Trind1e Road, south 88 degrees 00 minutes OJ seconds east, a
distance of 3] 8.51 feet to a point, the place of beginning.
Containing 64.650 Acres
Description of Tract 2
ALL THAT CERTAIN tract of land situate on the westerly side of American Legion
Memorial Highway, Interstate Route 81, S.R. 0081, and east of FairfieJd Street, T-515, in South
Middleton Township, Cumberland County, Pennsylvania, as shown on an AL T A Land Title
Survey prepared by Herbert, Rowland & Grubic, Inc., dated march 23, 2004, Project No,
3073.001, said Tract 2 being more fully bounded and described as follows:
BEGINNING at a Yo" Iron Pipe on the southeasterly right-of-way line of Fairfield Street,
T-515, 50-feet wide, said pipe being a corner ofland of David W. and Carol A. Adams; thence
along the southeasterly right-of-way line of Fairfield Street, north 36 degrees 5] minutes 05
seconds east, a distance of 50.39 feet to a PK nail, a corner of land of Lee H. Morrison; thence
along the same, south 60 degrees 15 minutes 58 seconds east, a distance 000] .27 feet to a 518"
Iron Pin; thence continuing along land of Lee H. Morrison and along land of William H. and
Calantha T. Bixler, Sr., Robert L. and Bonnie H. Rose and William E. Albert, north 36 degrees 54
minutes 01 seconds east, a distance of 615.91 feet to a 112" Iron Pipe, a corner ofland of Paul E.
Rice; thence along the same, north 40 degrees 07 minutes 29 seconds east, a distance of 100.00
feet to a 112" Iron Pin, a corner of land of Jack D. and Vonny L. Bailey; thence along the same
and along land of Robert E. and Doris A. Sarber, north 37 degrees 13 minutes 07 seconds east, a
distance of 416.54 feet to a I" Iron Pin on the westerly line of American Legion Memorial
Highway, Interstate Route 81, S.R. 008]; thence along the same the following 7 courses and
distances: (I) south 09 degrees 50 minutes 56 seconds west, a distance of 264.89 feet to a 518"
Iron Pin; (2) in a line curving to the right, in a southwesterly direction, having a radius of915.37
feet, an arc distance of356.84 feet, the chord of said arc being south 21 degrees 01 minutes 01
seconds west, a distance of354.59 feet to a point; (3) south 57 degrees 48 minutes 54 seconds
east, a distance of] 6.00 feet to a point; (4) in a line curving to the right, in a southwesterly
direction, having a radius of 4,493.75 feet, an arc distance of 565.67 feet, the chord of said arc
being south 35 degrees 47 minutes 28 seconds west, a distance of 565.30 feet to a point; (5) north
50 degrees 36 minutes 10 seconds west, a distance of 16.00 feetto a iron pin; (6) in a line
curving to the right, in a southwesterly direction, having a radius of915.37 feet, an arc distance of
327.29 feet, the chord of said arc being south 49 degrees 38 minutes 25 seconds west, a distance
0025.55 feet to an iron pin; (7) south 59 degrees 53 minutes 00 seconds west, a distance of
367.69 feet to a 518" Iron Pin on the nortllerly side ofa 20-foot wide unopened alley; thence
along the same, north 58 degrees 28 minutes 13 seconds west, a distance of21 .59 feet to a 518"
Iron Pin, a comer of/and ofCletus L. & Helen C. Wise; thence along the same and along land of
Brennan and Cindy Hadden, David W. and Carol A. Adams north 36 degrees 57 minutes] 6
seconds east, a distance of615.53 feet to a 112" Iron Pipe; thence along land of David W. and
Carol A. Adams, north 60 degrees 15 minutes 58 seconds west, a distance of 301.32 feet to a 112"
Iron Pipe, the place of beginning.
Containing 7.651 Acres
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