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Home My WebLink About06-0269 , GRAY DRIVE, LP Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01... -';{Is. cr f'] 1..:'1 T fJL.1-r\ ROLAND BUILDER, INC. Contractor 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 ROLAND BUILDER, INC. of 123 Windrush Lane, Mechanicsburg, Pennsylvania 17055, (the "Contractor") for improvements to the premises located at Upper Allen Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A" attached hereto and made a part hereof (the "Premises"), NOW, January II, 2006, 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 the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials Rx Date/TIme JAN 'JAN-09~2006 -D9-2D06(MDN) 14:45 1S:10 STEPHEN C. NUDEL, PC P 003 P.03/04 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. GRAY DRIVE, LP by Gray Griffin, LLC, its general partner Si.mpson Member ROLAND BUILDER, INC. ,-~W~ ~ss ) .- By: a/~~ tv. t-ee 1<0112'" .e....,~ PARCEL 1 ALL THAT CERTAIN lot of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point at the centerline intersection of "Gray 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 780 38' 30" E) a distance of 40.58 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. Along a curve to the left, having a radius of 25.00 feet, an arc length of 44.31 feet to a concrete 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, curving to the left having a radius of 35.00 feet, an arc length of 56.73 feet to a concrete monument; 5. Thence North nineteen degrees twenty-eight minutes forty-one seconds West (N 190 28' 41" W) a distance of 345.55 feet to a concrete monument; 6. Thence along a curve, curving to the left having a radius of 25.00 feet, an arc length of 18.54 feet to a concrete monument; 7. Thence along a curve, curving to the right having a radius of 50.00 feet, an arc length of 100.68 feet; 8. Thence North nineteen degrees twenty-eight minutes forty-one seconds West (N 19" 28' 41" W) a distance of 23.07 feet; 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 870 49' 03" E) a distance of 75,51 feet; 2. Thence South eighty-eight degrees thirty-six minutes nine seconds East (S 88' 36' 09" E), a distance of 193.58 feet; 3. Thence South fourteen degrees six minutes nine seconds East (S 14' 06' 09" E) 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 "8" 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 25039' 03" E) a distance of 280.51 feet; 2. Thence South forty-four degrees thirty-five minutes fifty-one seconds East (S 44' 35' 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 080 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 230 41' 40" W) a distance of 53.56 feet; 7. Thence South sixty-one degrees thirty-nine minutes fifty seconds West (S 610 39' 50" W) a distance of 53.78 feet; 8, Thence South twenty-nine degrees nineteen minutes seventeen seconds West (S 29' 19' 17" W) a distance of 101.50 feet; 9. Thence South fifteen degrees fifty-five minutes nineteen seconds West (S 150 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 610 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 000 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 00031' 44" W) a distance of 22.22 feet; Thence crossing English Drive and also along lands now or formerly of John W. Partridge, North eighty-nine degrees twenty- eight minutes sixteen seconds West (N 890 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 00031' 44" W) a distance of 278.00 feet; 2. Thence South eleven degrees fifty-one minutes five seconds East (S 110 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 degrees twenty-four minutes thirty-three seconds West (N 070 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 120 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 thirty-four seconds West (S 790 58' 34" W) a distance of 99.00 feet to a railroad spike on the centerline of "Gray Drive" (T-662); thence along said centerline, North two degrees 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 sixty-nine degrees thirty-three minutes forty-three seconds East (N 690 33' 43" E) a distance of 27.09 feet; thence along Lot "CD (lands now or formerly of Richard E. Mowery) the following courses and distances: 1. South two degrees thirteen minutes fifty-four seconds West (S 020 13' 54" W) a distance of 16.26 feet; 2. Thence North sixty-nine degrees thirty-three minutes forty- three seconds East (N 690 33' 43" E) a distance of 344.89 feet; 3. Thence North sixteen degrees nine minutes forty-five seconds West (N 160 09' 45" W) a distance of 130.46 feet; 4. Thence South sixty-eight degrees thirteen minutes fifty-five seconds West (S 680 13' 55" W) a distance of 303.30 feet; 5. Thence South two degrees thirteen minutes fifty-four seconds West (S 020 13' 54" W) a distance of 16.42 feet; Thence crossing Gray Drive, South sixty-eight degrees thirteen minutes fifty-five seconds West (S 68' 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 020 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 IN 230 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 Brill & Assoc. Inc., Consulting Engineers, recorded in Cumberland 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 Allen Township, Cumberland County, Pennsylvania as shown on a Preliminary/Final Subdivision plan entitled "Three Lot Subdivision (Lots A, B and C)" for Sanbury Corporation recorded in Plan Book 65, Page 148; and more particularly bounded and described as follows to wit: BEGINNING at a point on the easterly dedicated right-of-way line of Gray Drive T-662 (33 foot right-of-way) at the dividing line between Lot A and Lot C as shown on the aforementioned Subdivision Plan; thence along said dividing line North sixty- eight degrees thirteen minutes fifty-five seconds East (N 68' 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 130.46 feet to a point; thence South sixty-nine degrees thirty-three minutes forty-three seconds West (S 69' 33' 43" W), a distance of 344.89 feet to a point; thence North two degrees thirteen minutes fifty-four seconds East (N 02' 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 formerly of Mowery North sixty-nine degrees thirty-three minutes forty-three seconds East (N 69" 33' 43" E) a distance of 324.71 feet to a point; thence North sixteen degrees nine minutes forty-five seconds West (N 16' 09' 45" W) a distance of 100.00 feet to a point; thence South sixty-eight degrees thirteen minutes fifty-five seconds West IS 68' 13' 55" W) a distance of 293.43 feet to a point; thence North two degrees thirteen minutes fifty-four seconds East IN 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, Page 148. BEING the same premises which Greenville Agricultural Credit Corporation, a North Carolina corporation, by deed dated December 17, 1999, and recorded December 27, 1999, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 940, granted and conveyed unto Gray Drive, LP. 2.99 Acre Hereford Drive: ALL THAT 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 Hereford Drive and the eastern right-of-way 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 1,950.08 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 open space of Arlington Hills, Phase II, South 19 degrees 28 minutes 41 seconds East, a distance of 23.07 feet to a point in the right-of-way line of 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 feet, the chord of which is South 4 degrees 37 minutes 25 seconds East, 84.51 feet 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 53 minutes 41 seconds East, 18.26 feet to a Concrete Monument; thence continuing along the same South 19 degrees 28 minutes 41 seconds East, a distance of 345.55 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 57 minutes 14 seconds West, 50.72 feet, to a Concrete Monument set in the northern right-of-way line of Hereford Drive; thence along the northern right-of-way line of Hereford Drive South 73 degrees 23 minutes 09 seconds West, a distance of 233.97 feet 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 to 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 BEGINNING. CONTAINING 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 Hereford 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 November 12, 2001, and recorded December 10, 2001, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 2691, granted and conveyed unto Gray Drive, LP. (J J,Q. - 70 \. lJ"'t \l B C) - ~ ,.n ~ ...c ~~::.~ ~ - c__ \'\'\ ..0 .."'~ -t: --- 1:: - ""'- --r' ) --1- ,I', (..,~. l/:) ." ~,.t~