HomeMy WebLinkAbout06-5820
STIPULATION AGAINST LIENS
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OWNER
GRAY DRIVE, L.P.
1515 ENGLISH DRIVE
MECHANICSBURG, PA
VS.
CONTRACTOR
ADAIR CONSTRUCTION SERVICES.
6730 ALLENTOWN BOULEVARD
HARRISBURG, PA
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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
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Whereas, Grav Drive. L.P. of the County of Cumberland, Pennsylvania is about
to execute contemporaneously herewith a contract with Adair Construction
Services. Inc. of the County of Dauphin, Pennsylvania for the Completion of the
Construction of Buildina Number Three in the Graham Hill Apartments Proiect
and related site work.
Now, therefore, October 3, 2006, at the time of and immediately before the
execution of the contract and before any authority has been given by the said
Owner, Gray Drive, L.P. to the said Contractor, Adair Construction Services, Inc.
to commence work on the said project or purchase materials for the same, in
consideration of the making of the said contract with the said Contractor and for
the further consideration of one ($1.00) Dollar paid to the said Contractor by the
said Owner, it is agreed that no mechanic's claims or other liens shall be filed
against the building and/or ground appurtenant thereto by the said Contractor nor
any Subcontractor, nor by any of the material men or workmen or any person for
any materials or labor or extra materials or labor purchased or furnished in
connection with the construction of the said project or any part thereof, the right
to file such claims or liens being expressly waived and relinquished herewith.
(seal)
ATTEST:
Gray Drive, L.P., by Gray Griffin, LLC,
Its General Partner
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(seal)
ATTEST:
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Adair Construction Services, Inc.
by ~..~ IZ. M- J:-
Na4:rA....~ 12. AA4.'o&,
Title t9~ .._~~.._ L
Exhibit A
PARCEL 1
ALL THAT CERTAIN lot ofland 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}adistanc~of40,58feeHoaconcretemonument 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 Larter 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 of270.00 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 730
23' 09" E) a distance of223.97 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 of25.00 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 190
28' 41" W) a distance of23.07 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 of75.51 feet;
2. Thence South eighty-eight degrees thirty-six minutes nine seconds East (S 880 36' 09"
E), a distance of 193.58 feet;
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3. Thence South fourteen degrees six minutes nine seconds East (S 14006' 09" E) a
distance of 288. 75 feet;
4. Thence North fifty-eight degrees forty-eight minutes fifty-six seconds East (N 580 48'
56" E) a distance of 171.48 feet;
Thence along Lot "B" 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 250 39' 03" E) a
distance of280.51 feet;
2. Thence South forty-four degrees thirty-five minutes fifty-one seconds East (S 440 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 of75.44 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 61039' 50"
W) a distance of53.78 feet;
8. Thence South twenty-nine degrees nineteen minutes seventeen seconds West (S 290
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 of83.97 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 61038' 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;
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3. Thence along a curve, curving to the left having a radius of25.38 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 of28.74 feet;
Thence crossing a portion of "English Drive" (a 60 foot right-of-way) the following
courses and distances:
cLNorth~ighty~ninedegreeSotwenty-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 000 31' 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 of278.00 feet;
2. Thence South eleven degrees fifty-one minutes five seconds East (S 110 51' 05" E) a
distance of72.96 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 (8 780 08' 55" W) a distance
of78.20 feet; thence along lands now or formerly ofD. 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 12052' 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 69033' 43" E) a distance of27.09 feet; thence along Lot "C" (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;
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2. Thence North sixty-nine degrees thirty-three minutes forty-three seconds East (N 690
33' 43" E) a distance of344.89 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 of303.30 feet;
o~~c~~,~5~~~HlenceSouthtwodegreesthirteen minutesfifty-foUl'--seconds-~West(S 020 .1-3' c54"W)
a distance of 16.42 feet;
Thence crossing Gray Drive, South sixty-eight degrees thirteen minutes fifty-five seconds
West (S 68013' 55" W) a distance of27.37 feet to a copper rod in the centerline of Gray
Drive;
Thence along the centerline of Gray Drive the following courses and distances:
I. 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 (N 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 ofland situate in Upper Allen
Township, Cumberland County, Pennsylvania as shown on a PreliminaryIFinal
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 680 13' 55" E), a distance of303.30
feet to a point; thence continuing South sixteen degrees nine minutes forty-five seconds
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East (S 16009' 45" E) a distance of 130.46 feet to a point; thence South sixty-nine
degrees thirty-three minutes forty-three seconds West (S 690 33' 43" W), a distance of
344.89 feet to a point; thence North two degrees thirteen minutes fifty-four seconds East
(N 020 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 690 33' 43" E) a
distance of324.71 feet to a point; thence North sixteen degrees nine minutes forty-five
seconds West (N 16009' 45" W) a distance of 100.00 feet to a point; thence South sixty-
eight degrees thirteen minutes fifty-five seconds West (8 680 13' 55" W) a distance of
. . 293A3feetto a.point;-thence=North~tw~degrees=thirteen.minutesfifty_four seconds=East~~=~==~,-~~=
(N 020 13' 54" E) a distance of 16.42 feet to a point the place of BEGINNING.
BEING Lot C on the PreliminaryIFinal 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 ofland 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 oflands 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 of207.66 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 of23.07 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 of25.00 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 of56.73 feet, the chord of which is South 26 degrees 57 minutes 14 seconds
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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 of233.97 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 of38.93 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 of25.00 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 ofland.
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.
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