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HomeMy WebLinkAbout06-4826 . . STIPULATION AGAINST LIENS OLD GETTYSBURG ASSOCIATES IV, L.P. Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ",lJ) NO. ()~- 4f[()...f.. Term, 2006 versus ENGINUITY, LLC Contractor WHEREAS, Old Gettysburg Associates, IV, L.P. of Cumberland County, Pennsylvania (herein "Owner") is about to execute contemporaneously herewith, a contract, with EnginLlity, LLC of Cumberland County, Pennsylvania (herein "Contractor"), for the construction work on a building located on Lower Allen Township, Cumberland County, Pennsylvania, more particularly set forth on Exhibit "A" attached hereto and made a part hereof. NOW, AugLlst 8,2006, at the time of and immediately before the execution of the principal contract, and before any authority has been given by said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Owner and the further consideration of One ($1.00) Dollar in hand paid to Contractor by Owner it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contractor, nor by any of the material-men or workmen or any other person for any labor, or materials purchased, or extra labor or materials pLlrchased for the erection of said bLlilding, the right to file such liens being expressly waived. WITNESS, oLlr hand and seals by day and year aforesaid. WITNESS/A TTEST: m-/!'~.. By: ~~ CONTRACTOR: Enginuity, LLC By: $' 6 ~ . . - EXHIBIT "A" ALL THAT CERTAIN piece, parcel or lot of land situate on the westerly side of Old GettysbLlrg Road in Lower Allen Township, Cumberland COLlnty, Pennsylvania, band being more fully bound and described as follows: BEGINNING at a concrete monument on the westerly right-of-way line of Old Gettysburg Road at the southeastem corner of lands now or formerly Old Gettysburg Association recorded in Deed Book 34-J, Page 383: thence along said lands North 33026'45" West a distance of 381.93 feet to a concrete monument; thence continuing along said lands North 27030'02" West a distance of 92.35 feet to the southwestem corner of said lands, said point also being the point of BEGINNING. FROM SAID POINT OF BEGINNING thence North 26054'03" West a distance of 408.79 feet to a point at the terminLls of the southerly right-of-way line of CentLlry Drive; thence North 63005'57" East a distance of 23.30 feet; thence North 40045'54" East a distance of 68.99 feet; thence South 88053'50" East a distance of 81.55 feet; thence North 400 45' 54" East a distance of 18.66 feet; thence North 49014'06" West a distance of 62.78 feet; thence North 40045'54" East a distance of 220.46 feet; thence North 65037'08" East a distance of 74.00 feet; thence along lands now or formerly John R. & Doris J. Kennedy, lands now or formerly Floyd E. Gouse, lands now or formerly Dorsey H. & Annie F. Fry, lands now or formerly Floyd E. Gouse, lands now or formerly Dorsey H. & Annie F. Fry, and along the western terminus of Florence Avenue South 24022'52" East a distance of 426.84 feet to a point on the terminus of Florence Avenue; thence South 47021 '49" West, along the western boLlndary line of said lands of Old GettysbLlrg Association a distance of 427.62 feet to the point of BEGINNING. BEING part of the same premises which Willow Valley Associates Inc., a Pennsylvania corporation, by their Deed dated November 16, 2004 and recorded November 23. 2004 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 266, Page 1926, granted and conveyed unto Century Park Investments, L.P. a Pennsylvania limited partnership, in fee. RETTEW We answer to you. 2500 Gettysburg Rd., Ste.l 00, Camp Hill, PA 17011 Phone: (717) 697-3551 Fax: (717) 697-6953 E-mail: rettew@rettew.com . Web site: www.rettew.com Engineers Planners Surveyors landscape Architects Environmental Consultants IT Consultants NARRATIVE DESCRIPTION Old Gettysburg Association IV L.P. c/o Select Capital Commercial Properties, Inc. ALL that certain piece, parcel or lot ofland situate on the Northwesterly side of Old Gettysburg Road in Lower Allen Township, Clllllberland County, Pennsylvania, and being more fully bound and described as follows: BEGINNING at a point, said point being located on the northwesterly dedicated right- of-way line of Old Gettysburg Road at the dividing line ofthe lands of now or formerly Old Gettysburg Association II, recorded in Plan Book 59, Page 89 as Lot 2, and the lands of now or formerly Old Gettysburg Association IV L.P., herein described; Thence along said lands, N 35'54'52" W a distance of208.32 feet to a point on the dividing line oflands now or formerly Old Gettysburg Association II, and the lot herein described; Thence by the same and beyond by lands now or formerly Old Gettysburg Association II, and the lands of now or formerly Old Gettysburg Association III, recorded in Plan Book 59, Page 89 as Lot 3; N 47'53'08" E a distance of 186.85 feet to a point at the northwest comer oflands now or formerly of Thomas E. Brown. Thence along said lands, S 35'54'52" E a distance of209.58 feet to a point on the northwesterly dedicated right-of-way line of Old Gettysburg Road. Thence along said right-of-way line, S 48'16'08" W a distance of 186.72 feet to a point, the Point of Beginning. CONTAINING 38,814.26 sq.ft. l Q (- La. ~~. .". -ate '" ~,r'i"\,\: '" ".r..:\. ,::r;, .. '[.1) .~-_::,:- ....... OLe c '-' <;cc' ~'Z(j y\:: _ -z 'i'- 2. """!"=> t ~ -~ ~-J:. - ~ 1,,)3 ~\,;o.l ...;:. \\ \~ ~-4 \- i" "'\ ~ ~ ~ '" {'V .- Q, ~~ \!:! -:?,'C;' 'O.G' .::.\4' -..c. '""1" 72--' "'ff> g 'z. ~ ...., -;s;. r-J ~ u:>