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HomeMy WebLinkAbout02-1915WEST SHORE EYE AND EAR CENTER, a: Condomim'um Owners' Association, : EDWARD G. DAILEY, M.D., and : GROCO PROPERTIES : Owners : PARVIN PAVING & SEALING, INC. : Contractor : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.2 -I?/,g ~2002 FILED: STIPULATION AGAINST LIENS 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. DAILEY, 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 or is about to execute a Construction Contract with PARVIN PAVING & SEALING, INC., the Contractor, with its principal place of business located at 145 Salem Church Road, Mechanicsburg, Pennsylvania, for the excavation and paving of certain portions of the Premises, which is more particularly bounded and described on Exhibit "A," appended hereto and made a part hereof. NOW, TI-IEREFORE, this 17th 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 PARVIN PAVING & SEALING, INC, the Contractor, to commence work on said facilities, or purchase materials for the same, in consideration of making of the above-described contract with PARVIN PAV- ING & SEALING, INC., the Contractor, and in further consideration of One Dollar ($1) paid to the Contractor by Owners, the receipt whereof is hereby acknowledged, 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: WEST SHORE EYE AND EAR CENTER, A Condominium Owners, Association (*qice) Pres(dent- WITNESS: ATTEST: EDWARD G. DAILEY, M.D. GROCO PROPERTIES By:~_ (~ ~_~_ .~_~.~ Partner  "Owners" P~V~G & G, ~C. J~es W. P~in, President Coneactor -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 C0mberland County, Pennsylvania, of a Declaration dated or~9'~l~,l. 198~7-" and recorded on ~'~? April 19~gD, m Deed Book ~/--, Pa e -- dated ,.2~'"'March1986 andrecord~.~ .... ~ g ~'~'? and of Plats and P an~ smd umt bein d ' --,J- .~1ggI'1986, m Plan Bo g es~gnated on such Plats and Plans as UNIT No" ok ~, Page _._~__, such Declaration and on such Plats and ' z' as more tully described in 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 #4Cq 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 partnership 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 fight-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 fight-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, all of which are shown on the recorded Plan. TOGETFIER with rights in the 25 foot access easement across adjoining Lot #4B for access to Center Street via Lot #4A.