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Home My WebLink About05-1524 , Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., AND NO. 0[; - /[;J.Lj fYL/J) ~ A.P. WILLIAMS, INC. Contractor STIPULATION AGAINST LIENS WHEREAS, Commerce BanklHarrisburg, NA., of 100 Senate Avenue, Camp Hill, Pennsylvania 17011 ("Owner") has executed a contract dated tI\ 4 Qc. \J ~ 200S 'th A.P. WILLIAMS, INC., a Pennsylvania corporation ("Contractor"), whose principal place f business is located at 3035 North Progress Avenue, Harrisburg, Pennsylvania 17110 for the demolition and replacement of drive thru apron and teller tube system in the branch bank building situated at 5032 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania and more fully described in attached Exhibit "A." NOW, THEREFORE, before any authority had been given by Owner to Contractor 0 commence work on said facilities or purchase materials for same, in consideration of maki g of the above-described Contract with Owner, and in further consideration of One ($1.00) Dol ar paid to Contractor by Owner, [he receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's property and the land abo described 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 labo or materials purchased, or extra labor or materials purchased for, towards, in or abut the erec ion, construction, design and improvement of said facilities, under said contract or otherwise, he right to have, file and maintain such liens or claims against the facilities and the land above-described, being hereby expressly waived by the Contractor for itself, its subcontractors all materialmen, or workmen and other acting through or under them. , IN WITNESS WHEREOF, each ofthe parties have hereunto executed the Stipulation Against Liens this ~ay of March, 2005. OWNER: COMMERCE BANKIHARRISBURG, N.A. Dated: 3.14 -o( By: Gary L. Nalbandian, President/CEO CONTRACTOR: A.P. WILLIAMS, INC., a Pennsylvania corporation Dated: 3-/c)-OS" U)J ~MAR-l0-2005 THU 12:42 PM FAX NO. P. 02 TillS DEED, MADE the &i.. day of June in the year nineteen hundred and ninety-seven (199 BETWEEN TIlE UNITED METHOmST HOME FOR ClllLDREN AND FAMILY SER CES, INC., a Pennsylvania Non-Profit Corporation, formerly THE METHOmST HOME FOR CHILDREN of Lower Allen Township, Cumberland County, Pennsylvania, Grantor and party of the first part A N D COMMERCE BANK/HARRISBURG, N.A., Grantee and party of the second part WITNESSETH, That in consideration of Three Hundred Twenty-five Thousand and ($325,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, Grantor does hereby grant and convey to the said Grantee, its successors and assigns, 0/100 e said ALL THAT CERTAIN tract or parcel of land situate in Lower AIlen To nship, Cumberland County, Pennsylvania, more particularly bounded and described as follow: BEGINNING at a concrete monument located on the southern right-of-way of impson Ferry Road (SR-2014) and the dividing line between Lot #12 and Lot #11 on the he einafter mentioned plans oflots of record; Thence S 11 degrees, 17 minutes, 10 seconds E, a di ance of 203.87 feet to a point, a proposed concrete monument; Thence S 78 degrees, 42 . tes,50 seconds W, a distanCe of 209.04 feet to a point; Thence on a curve to the right with rad' s of 18 feet and a length of 28.32 feet to a point; Thence N 11 degrees, 08 minutes, 00 seco ds W, a distance of 185.82 feet to a point; Thence on a curve to the right with a radius 18 f et and a length of 28.23 feet to a point on the southern right-of-way line for Simpson Ferry R ad (SR- 2014); Thence continuing along the southern right-of-way line for Simpson Ferry Ro d, N 78 degrees, 42 minutes, 50 seconds E, a distance of 208.60 feet (recited on the hereinafter entioned recorded plan as 226.55 feet) to a poin:, a proposed concrete monument, THE PL CE OF BEGINNING. .MAR-10-2005 THU 12:42 PM FAX NO, p, Uj BEING Lot #12 of Preliminary/Final Minor Subdivision Plan for The United Me odist Home for Children and Family Services, Inc. recorded in the Office of the Recorder Dee s for Cumberland County, Pennsylvania on October 2, 1996 in Plan Book 73, Page 31, exc pt as corrected herein. Said tract of land contains approximately 1.06 acres, more or less. S' Lot II, refered to herein above, was subdivided on a plan recorded in the Recorder of Deeds ffice on March 7, 1997, in Plan Book 74, page 41. AND BEING part of the same premises which George S, Rupp and Gertie E. Ru ,his wife, by their deed dated April 12, 1921 and recorded in the Cumberland County Recor er of Deeds Office in Deed Book H Vol. 9 Page 189 granted and conveyed to The Methodist ome for Children. now The United Me:hodist Home for Children and Family S~rvices, Inc., antor herein. UNDER AND SUBJECT, nevertheless, to restrictions, easements, rights-of-w ,and declarations of record. ALSO UNDER AND SUBJECT to the following prohibited uses which shall be co enants running with the land: 1. The promotion, manufacture, publishing, sale or distribution of any obsce ,lewd or pornographic materials by whatever form or medium whatsoever; 2. The promotion, manufacture, sale or distribution of any alcoholic b erages whatsoever; 3. The conduct or promotion of any obscene, lewd or pornographic b havior, activities or conduct by whatever form or medium, including but not limited to the fo of live entertainment; 4. The conduct of a massage parlor or the conduct of activities related to a ssage parlor are strictly prohibited in any manner 'Nhatsoever; 5. The conduct of an abortion clinic; 6. The conduct or promotion of any gambling activity is strictly prohibit d in any manner whatsoever; 7. The conduct of a supermarket food store or a convenience store, or y store containing 5,000 square feet of space (including aisle space) for sale of food, is strictly p ohibited; notwithstanding this provision, however. a restaurant, with or without a drive-in, is expressly permitted, subject to applicable zoning ordinances; ~ MAR-10-2005 THU 12: 42 PM FAX NO, r, U_ ., 8. The conduct of any of ille following purposes: a head-shop, a flea mar et, a vehicle license agency, a military recruitment center, an unemployment or similar benefits Ice, a discotheque, a dance hall, an amusement gallery, a pool room, or an off-track betting fa ility, is strictly prohibited; 9. The conduct of any bank:, savings and loan, credit union, or similar 1 nding institution except, however, Commerce Bank, so long as Commerce Bank or its succes or or successors operates and conducts the business of a bank, savings and loan, credit union, or imilar lending institution on Lot 12 within the Wesley Business Center; 10. The erection or construction of a building or structure for tile prohibited es set forth above; 11. Single family and multiple family dwellings; 12. Trailer Courts; 13. Truck terminals and bus terminals; 14. Junk yards; 15. Commercial excavation cf building or construction materials; 16. Distillation of bones; 17. Dumping, disposal, incineration or reduction of garbage, sewerage, 0 ai, dead animals or refuse; 18. Fat rendering; 19. Stockyard or slaughter of animals; 20. Refining of petroleum or i;s products; 21. Smelting of iron, tin, zinc, or other ares; 22. Raising of pets or livestock or other animals, and 23. Kennel or dog pound. TO HAVE AND TO HOLD the said lot or piece of ground above described, he ditaments and premises hereby granted, or mentioned and intended so to be, with the appurte nces, unto Nt? #-rst '- "- "-' - ..1::: ~ ~ "- ~ \) () -u p= , ~ -*- r ~ ~ \) Lv \l; -C t)- n fl' 2 _,J" -Q~.f' ri1F~ ~&~ ~\. );~-'1 z'-' J.,,,C) )7? C~'. z :2. ,..., c::::;O = ,-" ::J:: v ;;0 N N .." -;:% ~ I'~ .t;:" Q. :::I ~-n rnr:: '"" ::59 \:_"),.1-) .-.--t"',:-,- ......-- ., ~.'- 4~ ~(") .,,-f"f"' c.y ~-~~ ~