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HomeMy WebLinkAbout02-1835WEST SHORE EYE AND EAR CENTER, a: Condominium Owners' Association, EDWARD G. DAILEY, M.D., and GROCO PROPERTIES MILLER & NORFORD, INCORPORATED: : Contractor : FILED: STIPULATION AGAINST I,r~,NS WHEREAS, WEST SHORE EYE AND EAR CENTER, a Condominium Owners' Association, a Pennsylvania nonprofit corporation condominium association, with its principal office located at 1857 Center Street, Camp Hill, Pennsylvania 17011, owner of the common areas, EDWARD G. DAH.F.Y, M.D., an adult individual with his principal place of business located at 1857 Center Street, Camp Hill, Pennsylvania 17011, and GROCO PROPERTIES, a Pennsylvania general partnership, owners of the condominium interests, of a tract of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, together with an office building and other improvements erected thereon known and numbered as 1857 Center Street, Camp Hill, Pennsylvania (the "Premises"), executed on 10 April 2002 a Con- struction Contract with MII.LER & NORFORD, INCORPORATED, the Contractor, with its principal place of business located at 700 Ayers Avenue, Lemoyne, Pennsylvania, for the renovation and improvement of certain portions of the Premises, which is more particularly bounded and described on Exhibit "A," appended hereto and made a part hereof. NOW, THEREFORE, this l0b day of April, 2002, before any authority has been given by WEST SHORE EYE AND EAR CENTER, a Condominium Owners' Association, EDWARD G. DAILEY, M.D., and GROCO PROPERTIES, Owners, to MILLER & NOR- FORD, INCORPORATED, the Contractor, to commence work on said facilities, or purchase materials for the same, in consideration of making of the above-described contract with MILLER & NORFORD, INCORPORATED, the Contractor, and in further consideration of One Dollar ($1) paid to the Contractor by Owners, the receipt whereof is hereby acknowl- edged, it is agreed that no liens or claims shall be filed or maintained against the Owners' facilities and the land above-described by the Contractor, or any subcontractor, or by any of the materialmen or workmen or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the renovation, erection, construction and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and land above-described being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen or workmen and others acting through or under them. IN WITNESS WHEREOF, each of the parties, or by their duly authorized representa- tives, have hereunto executed this Stipulation Against Liens the day and year first above written. WITNESS: WITNESS: WITNESS: ATTEST: WEST SHORE EYE AND EAR CENTER, A Condomininm Owners' Association (Vice) President ~- a~---~ ,/~ (~'~.~_ ~,~.._~(SEAL) EDWARD G. D.4mE¥, M.iJ,' GROCO PROPERTII~,S Parmer "Owners" MILLER &~NORFORD, INCORPORATED By:X ~~---~~-~ Kerwin L. Stetler (Vice) President "Contractor" -2- Exhibit "A" ALL THAT CERTAIN unit in the condominium property known as the West Shore Eye and Ear Center, A Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which property has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, by the recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, of a Declaration dated ~ April 1986, and recorded on April 1986, in Deed Book , Page , and of Plats and Plans dated ~ March 1986, and recorded on ~ April 1986, in'Plan Book , Page , said unit being designated on such Plats and Plans as UNIT No. 2, as more fully described in such Declaration and on such Plats and Plans, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of forty-one and 04/100 percent (41.04%). ALL BEING SITUATE ON THAT CERTAIN lot, tract or parcel of land and premises hereinafter particularly described, situate and lying in East Pennsboro Township, Cumberland County, Pennsylvania, being designated as Lot #4C-1 on the Final Resubdivision Plan of Lots #4C-1 and 4C-2 of Creek Farms, prepared by Whittock-Hartman, Professional Engineers for Groco Properties, a Pennsylvania general parmership recorded in the Office of the Recorder of Deeds of Cumberland County, on 25 March 1986, in Plan Book 49, Page 125, bounded and described as follows: BEGINNING at a proposed concrete monument on the western right-of-way line of Center Street, L.R. #21015, said point being located south 54 degrees 27 minutes 00 seconds west, a distance of 95.01 feet from the center line of Center Street station 27+00; thence from said point of beginning south 24 degrees 14 minutes 25 seconds east, a distance of 72.48 feet to a point; thence from said point along Lot #4C-2 south 65 degrees 45 minutes 35 seconds west, a distance of 26.38 feet to point; thence along same south 54 degrees 27 minutes 00 seconds west, a distance of 303.94 feet to a point at the Conodoguinet Creek; thence along same north 29 degrees 58 minutes 54 seconds west, a distance of 188.30 feet to a point; thence along Lot #4B north 54 degrees 27 minutes 00 seconds east, a distance of 325.75 feet to a point on the western right-of-way line of Center Street; thence along said right-of-way line south 35 degrees 33 minutes 00 seconds east, a distance of 121.51 feet to a proposed concrete monument, the point of BEGINNING. SAID lot contains 62,396 square feet or 1.43 acres. UNDER AND SUBJECT TO: a 30 foot wide Sanitary Sewer Easement in the western part of the lot and along the northern property line; a 25 foot wide access easement on the eastern part of the lot; part of a 70 foot wide PP&L easement in the eastern part of the lot; and to building set back lines, ail of which are shown on the recorded Plan. TOGETI-IE.R with rights in the 25 foot access easement across adjoining Lot #4B for access to Center Street via Lot #4A.