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HomeMy WebLinkAbout06-7309 {)(P ~130q MlJ) STIPULATOIN AGAINST LIENS OWNER GRAY DRIVE, L.P. 1515 ENGLISH DRIVE MECHANICSBURG, PA VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONTRACTOR ADAIR CONSTRUCTION SERVICES, INC. 6730 ALLENTOWN BOULEVARD HARRISBURG, PA 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 Construction of Buildina Number Eiaht in the Graham Hill ADarbnents Proiect. Now, therefore, December 20, 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 and 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) A~~ Gray Drive, L.P. b Clair Construction Services, Inc. (SEAL) , ATTEST: ~~ by ~tf2. ~. (/ /? ' Title if~ PARCEL I Exhibit A ALL THAT CERTAIN lot of land situate in Upper Allen Township, Cumberland COWlty, 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.OII4 (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).a-distance-of40..ss..feeHo.& concrete, monument 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 Latter 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 n W) a distance of 345.55 feet to a concrete monument; 6. Thence along a curve, curving to the left having a radius of25.oo 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 n 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 87049' 03" E) a distance of75.51 feet; 2. Thence South eighty-eight degrees thirty-six minutes nine seconds East (8 880 36' 09" E), a distance of 193.58 feet; ~... -," -.""'" .\~ '.~i,*,;,: '.',: ; , -. , ..~L..... ~ ,::~."':,,:"~>i.< :"'..._~1 ' .', ,~-'_,~",r; "'-'-''" ' .,., .'.,.,' .~;i~~"~. '- .':f.-. , :.;,' :':'.:";~~~ . ,~, ,~....., -... .J,;,' 'c:,:>.~,,=, 3. Thence South fourteen degrees six minutes nine seconds East (S 14006' 09" E) a distance of288.75 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: ~""--.:..o..~. -::;=."..,----;..,.."::....-="o=-="'~",..,..~:.~ ~ ',.,,,,,,,'_"_'~'-'- ~ -.:. ."-,''-..r...,.--.-.'-''-''"''--.=.......,..._-.::........:...,.=c.:..='=_ 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 610 39' 50" W) a distance of 53.78 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 15055' 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; ""~;j''''.."O..;,{;t,,';;;j - , ' '" ,.,' "1,-,... _~,.".,.., ..~.;.I~.:;;.i4';~'~~41(--.. ':'\; ~'LL:~.,; -,','~""'.,.,' :"'H .;,..,.";.,: ... -- ,x",' '.'~,< .. ~. 3. Thence along a curve, curving to the left having a radius of 25.38 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: =1.. ,North..eighty.nin~degreestwenty-eight minutes,sixteen.seconds=West.{N-89C) ,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 11051' 05" E) a distance of 72.96 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 of 78.20 feet; thence along lands now or formerly of D. 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 of240.90 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 (8 790 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 690 33' 43" E) a distance of27.09 feet; thence along Lot "C" Qands now or formerly of Richard E. Mowery) the follOwing courses and distances: 1. South two degrees thirteen minutes fifty-four seconds West (S 02013' 54" W) a distance of 16.26 feet; n" " I M;.,! .........&.cu.. ,'. ~"'~;,..,., .}f~:. , .....LL .....".... 'f.J...i~::......: ';'" ~~t. jL#;;~.~:-, ...,~i~'" "''''''''..."" ,:'.:,," .,....t , " ' " , , ,""" :..~ '. . ;},~~ ',;.. ... 2. Thence North shay-nine degrees thirty-three minutes forty-three seconds East (N 690 33' 43" E) a distance of 344.89 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; ", c =~-5:='R1enee,South"two.degreesthirteen minutes-fifty-foUlbSeeondltWest{S ,02"0,13' ,54" -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: 1. 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 PreliminarylFinal 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 ~L"i'';''''"", iI, . ~-, <, "";job, '~....~ .,' ,'d"_ . . "'-oIl!.:'X:U:;"..:. .:_, ~ _'_ . -\o~1 aEt:"".~"';. ,." ' ,.'.... '~.~~: '~' -.' ~i - ,'" \i:,: ',', ""~.""' ".' ,'", ~ ~.~""~';;;~'::~4 . .'. f,'.:;<j .~"",,;,~ "',':,\",., r.-'. _' ...~4~-. .,f _~.: -. 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 69033' 43" E) a distance of 324. 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 (S 680 13' 55" W) a distance of -- '."," ,293A3ofeet.to. a,point;-thence=NortJ14wo.degrees=thilteen=minutesfifty-four 'secondltEast.~~=~..=~==,- (N 020 13' 54" E) a distance of 16.42 feet to a point the place ofBEGlNNING. BEING Lot C on the PreliminarylFinal 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, Pag~ 940, granted and conveyed Ullto Gray Drive, LP. 2.99 Acre Hereford Drive: ALL TIIA T CERTAIN tract or parcel ofland situate in the Township of Upper Allen, C01Dlty 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 of lands 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 of 207.66 feet to a point; thence along lands designated as open space of Arlington Hill~ Phase n, 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.oo 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 of 56.73 feet, the chord of which is South 26 degrees 57 minutes 14 seconds ~ ~ ;':;::.. . ~ "-',.... ." '-"'-. ,','" '. y;}it>P' .4f#;. . " ' ,:t.IiO;l.=...~:h. " ' , '.,'--,...,'.... :l~'I~','; iIII!E'..'." ,',". .~ " - "".., ..':~ :.:' - . ", :<:..:. "., ~ij,.. I . !1~'" L,.., ..", 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 of 233.97 feet to a Concrete Monument; thence continuing along the same by a curve to the right having a radius of 210.00 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 of2S.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. ,;:;..,....:.::.. ._,-'u;;O,. -__'-""':'=.=.:.." ._ _,.. ,-_-.::----_'&.=._."'==:::=_" ._"'-- :::-:.' ,"- -...---.-==-,=-, .," .-=--=,,"',-- .: ==.=.,.."'-==......-.==..:....~.:= 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. ~".,~ . 1" ..~, ~.T: . ,-. ..... " . ~'~:j:,'.;_:.;. <:ii.-;':..:.<,,,- 'r:-,-.," . . '~,b ".' ., ' , ',~, .,;'...... . ...I.....,.~_.. _. "".._.!.....-"._ ,;O..-.;~.~~.~.i;r.\ :x:t.' ' , .:<~~:,;.}~~:~\::~. .."""""',.,"""'., . -., " . '1.,A, .: "... . ':_ 'tf(~"':'":N' _ .; .;,:,~.. _Ot ~~ .:4-8 ~ ~ o \.> .c. .> ex> (p :r. (") c': ,;;:::-;.... r--..' c.;:> (::-? er- a f'1 CJ N co o ., -l :r., nl-'- r- -c,m :D t*, ~. ,) ;A. 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