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HomeMy WebLinkAbout06-3636 . ()(p-31J,3'" MLD STIPULATION AGAINST LIENS THIS AGREEMENT made this.,fJ day of .-IoIUL<'" and between eciConstruction, LLC, hereinafter Contractor, , 2006, by referred to as AND COLISEUM REAL ESTATE GROUP, INC., hereinafter referred to as Owner, whereby the contractor undertook and agreed to construct a 35,000 square foot entertainment complex situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as 410 St. John's Church Road and 4610 Trindle Road, Hampden Township, Camp Hill, Cumberland County, Pennsylvania. 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. ATTEST: C By: . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On this, the d.5 SS day of JWL"- , 2006, before me a Notary Public, the undersigned officer, personally appeared M/htV;L J/ HeuxL,( , who acknowledged himself to be a Member of eciConstruction, LLC and that he as such Member being authorized to do so, executed the foregoing instrument for the purposes therein contained and in the capacity there stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NoWIeI Seal 11na R. petrie, NolaJy PublIC 0IIIlIbuIg Bolo, York County M1 Co.m\IllIIOn e.p.. Jan 11,2010 Member. pennsylvania Association of Notaries .- . Exhibit A 410 ST. JOHN'S CHURCH ROAD, CAMP HILL, PA ALL that certain parcel of land, situate in Hampden Township, Cumherland County, Pennsylvania, hounded and descrihed in accordance with a survey prepared hy Hoover Engineering Services, Inc. dated January 21, 2002, Filc No. 202005, as follows: BEGINNING at a point located along the Westcrn Legal Right of way line of St. John's Church Road (S.R. 2029), at lands now or late of Atlantic Relining and Marketing Corp.; thence along St. John's Church Road, South 40 degrees 43 minntes 04 seconds East, a distance of 245.72 fcet to a point; thence along lands now or late of James Yaple, South 49 degrees 16 minutes 56 seconds West, a distance of 351.05 feet to a steel pin; thence along lands now or late of Realm, on a curve, curving to the left, having a radius of 320.00 feet and an arc length of 366.58 feet (a chord hearing of North 65 degrees 10 minutes 58 seconds West, and a chord distance of 346.86 feet) to a steel pin; thence along lands now or late of Barone Enterprise and Frontier Partners L.P., North 60 degrees 13 minutes 56 seconds East, a distance of 219.29 feet to a point; thence along lands previously referenced North 30 degrees 13 minutes 04 seconds West, a distance of 49.34 feet to a point; thence along lands now or late of Atlantic Relining and Marketing Corp., North 65 degrees 08 minutes 56 seconds East, a distance of 281.2 feet to a point, the place of bcginning. 4610 TRINDLE ROAD, CAMP HILL, PA 170tt ALL THAT CERTAIN tract of land with improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan #500532 prepared hy D.P. RatTensberger Associates, Engineers & Surveyors dated November 30,1977, as follows: BEGINNING at a point on the southern right of way line of Trindle Road at line of lands now or late of Sibarco Corporation and lands now or late of Spera Industrial Co., theuce along said line of lands now or late of Sibarco Corporation and lands now or late of Spera Industrial Co. south twenty-nine degrees forty-four minutes east a distance of two hundred feet (south 290 44' east 200') to a point; thence continuing along lands now or late of Spera Industrial Co. South sixty degrees forty-three minutes west, a distance of one hundred twenty-two and twenty-nine hundredths feet (south 600 43' west 122.29') to a point in line of lands now or late of Roy E. Prescott et ux; thence along lands now or late of Roy E. Prescott et ux. North twenty-six degrees fourteen minutes thirty eight seconds West, a distance of two hundred nine and lifty hundredths feet (north 260 14' 38" west, 209.50') to a point on the said southern right of way line of Trindle Road; thence along the said southern right of way line of Trindle Road north sixty-live degrees thirty eight minutes east, a distance of one hundred ten feet (north 650 38' east ttO') to a point, the place of BEGINNING. ':P ~(') tfi *~i. ~ -- -<5' iJI ..-.J -i. \)> "l- . ~ \i'W-~'8 ':' '.J ~ \ \-J -0 ." ~ ..s:- o .% t ." ?" f-. .....> C::'') r~;~ C~-, c:~ N -' ~-". . C) -n .-\ ~1:,:C 0::. <""i'.\\ ,I.:=! "~ ('. 1 cQ t.n UO ,-,:~~?, 0;~ .-<.