HomeMy WebLinkAbout02-4007MT. ZION ASSOCIATES, L.P.
V.
LEON E. WlNTERMYER, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
WHEREAS, MT. ZION ASSOCIATES, L.P., a Pennsylvania limited
partnership, having an office address of cio Elysian Partners, L.P., 20 Erford Road,
Suite 212, Lemoyne, Pennsylvania 17043 (the "Owner"), has executed or is about to
execute contemporaneously herewith a contract with LEON E. WlNTERMYER, INC.,
a Pennsylvania corporation, with an office address of 220 Yocumtown Road, Etters,
Pennsylvania 17319 (the "Contractor"), for the construction of Cumberland
Technology Parkway and related site improvements (the "Improvements") on property
known as Cumberland Technology Park located in Hampden Township, Cumberland
County, Pennsylvania, more particularly described on Exhibit A attached hereto,
incorporated herein by reference and made a part hereof (the "Premises").
NOW, THEREFORE, before any authority has been given by the Owner
to the Contractor to commence work on the Improvements, or to purchase materials
for the same, or to enter into any contracts with any subcontractors or materialmen, or
to authorize any purchases by or through any subcontractors or materialmen, in
consideration of the making of said contract with the Owner and the further
consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent
of all parties to be legally bound hereby, it is agreed that no lien shall be filed against
the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or by any of the materialmen or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractor have executed this
Stipulation Against Liens this./¢~1~ day of /~u_s-f ,2002.
WITNESS: OWNER:
WITNESS:
(Asst.) Secretary
MT. ZION ASSO 2,1ATES, L.P.
By: Mt. ~i~ryA~( ~ci , Inc., It's neral
Part~/~/~ ~
Title:
CONTRACTOR:
LEON E. WINTERMYER, INC.
EXHIBITA- PAGE 1
TRACT A - Part 1 of 1
ALL THAT CERTAIN piece or parcel of land designated as Tract A on an
ALTA/ACSM Land Title Survey, 62.0426 Acre Tract, Deimler Sr. Trust, Located at
Cumberland Technology Park, Hampden Township, Cumberland County, Pennsylvania,
dated July 29, 2002, prepared by Biscon Land Surveying Company, Inc., more
particularly bounded and described as follows, to wit:
BEGINNING at a point, said point being the right-of-way intersection of the
southern right-of-way line of Interstate 81 and the eastern required right-of-way line for
limited access of Good Hope Road; thence along said southern right-of-way line of
Interstate 81, the following six (6) courses, which become the eastern right-of-way line
of Interstate 81: 1) North sixty-one degrees twenty-eight minutes forty-five seconds East
(N 61° 28' 45" E) a distance of 242.72 feet to a point; 2) North forty-six degrees seven
minutes forty-two seconds East (N 46° 07' 42" E) a distance of 688.88 feet to a point; 3)
North thirty-eight degrees nine minutes three seconds East (N 38° 09' 03" E) a distance
of 404.34 feet to a point; 4) North twenty degrees seventeen minutes six seconds East
(N 20° 17' 06" E) a distance of 243.40 feet to a point; 5) North fifteen degrees twenty-
two minutes seventeen seconds East (N 15° 22' 17" E) a distance of 481.73 feet to a
point; 6) North two degrees twenty minutes nine seconds East (N 02° 20' 09" E) 360.48
feet to a point; thence leaving said right-of-way, along lands now or formerly of The
Patriot News Company, South eighty-seven degrees thirty minutes thirty-one seconds
East (S 87° 30' 31" E) a distance of 114.32 feet to a point; thence along same South
fifty-nine degrees twenty-six minutes fourteen seconds East (S 59°26' 14" E) a distance
of 219.29 feet to a point; thence along same and lands now or formerly of Mt. Zion
Associates L.P. South twenty-four degrees fifty-one minutes thirty-seven seconds East
(S 24° 51' 37" E) a distance of 496.65 feet to a point; thence along lands now or
formerly of Mt. Zion Associates L.P. South nineteen degrees twenty-six minutes
nineteen seconds East (S 19° 26' 19" E) a distance of 115.50 feet to a point; thence
along same South eight degrees forty-one minutes twenty-five seconds East (S 08° 41'
25" E) a distance of 264.00 feet to a point; thence along same and lands now or
formerly of Pheasant Hill Farm L.P., South sixteen degrees forty-four minutes fourteen
seconds East (S 16° 44' 14" E) 450.18 feet to a point; thence along lands now or
formerly of Hampden Township Sewer Authority South seventy-seven degrees forty-two
minutes seven seconds West (S 77° 42' 07" W) a distance of 636.24 feet to a point;
thence along same South sixteen degrees fifty-eight minutes fourteen seconds East (S
16° 58' 14" E) a distance of 1,208.62 feet to a point; thence along lands now or formedy
of The Deimler, Sr. Trust, South eighty-four degrees thirty-seven minutes forty-six
seconds West (S 84° 37' 46" W) a distance of 1,165.53 feet to a point; thence along
said same South five degrees twenty-two minutes fourteen seconds East (S 05° 22' 14"
E) a distance of 199.76 feet to a point; thence along same and lands now or former y ?
Eugene Deimler, Sr. North sixty-eight degrees five minutes eight seconds West (N 68
05' 08" W) a distance of 500.00 feet to a point in the center of Good Hope Road; thence
through said road North eight degrees twenty-one minutes nineteen seconds West (N
EXHIBIT A - PAGE 2
08° 21' 19" W), a distance of 265.69 feet to a point; thence along the required right-of-
way line for limited access of Good Hope Road, the following five (5) courses: 1) North
eighty-one degrees forty minutes fifteen seconds East (N 81 ° 40' 15" E) a distance of
40.00 feet to a point; 2) North eighteen degrees fourteen minutes ten seconds East (N
18° 14' 10" E) 55.90 feet to a point; 3) North nine degrees forty-five minutes forty
seconds West (N 09° 45' 40" W) a distance of 200.06 feet to a point; 4) North six
degrees thirty-six minutes nine seconds East (N 06° 36' 09" E) a distance of 155.24 feet
to a point; 5) North thirteen degrees twenty-two minutes fifty-eight seconds West (N 13°
22' 58" W) a distance of 147.57 feet to a point; the point and place of BEGINNING;
BEING Tract A on the aforementioned ALTA/ASCM Land Title Survey, containing
62.0426 acres, more or less.
ALSO BEING Lot No. 1 on a Preliminary/Final Subdivision Plan of Deimler Farm,
prepared by Act One Consultants, inc., dated August 22, 1995, as amended, recorded
in Cumberland County Plan Book 85, Page 103.
TRACT B - Part 1 of 15
4610 MT. ZION DRIVE (FORMERLY KNOWN AS POMEROY
TRACT)
ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County,
Commonwealth of Pennsylvania, as more particularly bounded and described on an ALTA/ACSM Land
Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point on the northern right-of-way line of Mount Zion Drive, said point also being
Southeastern property corner of lands now or formerly of Mitchel and Anna Marie Davis; thence along
lands now or formerly of Mitchel and Anna Marie Davis and partially along lands now or formerly of
George S. Davis North ten degrees twenty-six minutes forty-three seconds East (N 10° 26' 43" E), a
distance of 227.55 feet to a point on the southern right-of-way of Wertzville Road; thence along said
right-of-way line South seventy-seven degrees forty-one minutes forty-four seconds East (S 77° 41' 44"
E), a distance of 136.92 feet to a point on the western right-of-way line of Valley Road; thence along said
fight-of-way line South fifteen degrees forty-one rdnutes thirty-five seconds West (S 15° 41' 35" W), a
distance of 224.05 feet to a point at the northern right-of-way line of Mount Zion Drive; thence along said
right-of-way North seventy-nine degrees thkty-three minutes seventeen seconds West (N 79° 33' 17" W),
a distance of 116.35 feet to a point at lands now or formerly of Mitchel R. and Anna Made Davis, the
point and place of BEGINNING.
FOR I2x,rFORMATION ONLY: 46t0 Mt. Zion D~ive; TAX PARCEL NO. 10-14-0839-007
TRACT B - Part 2 of 15
EXHIBIT A - PAGE 3
4604 MT. ZION DRIVE (FORMER~,Y KNOWN AS PAUSVIK
TRACT)
ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with an ALTA/ACSM Land Title
Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepaxed by Biscon Land Surveying
Company, Inc.; fm'ther described as follows, to wit:
BEGINN~G at a point, said point being the right-of-way intersection of the northern right-of-way of Mt.
Zion Drive and the eastern right-of-way of Valley Road; thence along the eastern right-of-way line of
Valley Road, the following two (2) courses: 1) North six degrees five minutes forty-four seconds East (N
06° 05' 44" E), for a distance of sixty-five and ninety-two hundredths (65.92) feet; 2) North twenty-nine
degrees forty-eight minutes twenty-one seconds East (N 29° 48' 21" E), for a distance of ninety-eight and
ninety hundredths (98.90) feet to a point on the southern right-of-way line of Wertzville Road; thence
along said tight-of-way line, North eighty-six degrees sixteen minutes thirty-one seconds East (N 86° 16'
31" E), for a distance of forty-six and eighty-five hundredths (46.85) feet to an iron pin; thence along
other lands of Mt. Zion Associates, South thkteen degrees fifty minutes seventeen seconds East (S 13°
50' 17" E), for a distance of one hundred eighty-seven and five hundredths (187.05) feet to a point on the
northern right-of-way line of Mt. Zion Drive; thence along said tight-of-way line, North seventy-nine
degrees thirty-three minutes twenty-four seconds West (N 79° 33' 24" W), for a distance of one hundred
fifty and thirteen hundredths (115.13) feet to a point, the POINT OF BEGIN'NING.
TAX PARCEL NO. 10-14-0839-013
TRACT B - Part 3 of 15
4600 MT. ZION DRIVE (FORMERLY KNOWN AS PORTION OF
MILLER TRACT)
ALL THOSE CERTAIN pieces or parcels of land being situated filong the southern side oi;Wertzville
Road S.R. 0944, in Hampden Township, Cumberland County, Pennsylvania. Said parcels being more
particularly bounded and described on an ALTAJACSM Land Title Survey of Land of Mt. Zion
Associates L.P. dated June 28, 2000 as prepared by Biscon Land Surveying Company, Inc. and further
described as follows:
TRACT NO. 1
BEGINNING at a point, said point being on the northern right-of-way of Mt. Zion Drive and a common
corner with Tax Parcel 10-14-0839-013 (lands now or formerly of Mt. Zion Associates L.P.); thence
along lands now or formerly of Mt. Zion Associates, North thirteen degrees fifty minutes seventeen
seconds West (N 13° 50' 17" W), for a distance of one hundred eighty-seven and five hundredths
(187.05) feet to an iron pin on the southern right-of-way line of Wertzville Road; thence along said right-
of-way, the following four courses: 1) South seventy-one degrees twenty-one minutes twenty-four
seconds East (S 71° 21' 24" E), for a distance of sixty-five and ninety-seven hundredths (65.97) feet; 2)
South fifty-five degrees fourteen minutes forty-five seconds East (S 55° 14' 45" E), for a distance of
eighty-three and five hundredths (83.05) feet; 3) South fifty-five degrees twenty-eight minutes six
seconds East (S 55° 28' 06" E), for a distance of thirty-one and two hundredths (31.02) feet; 4) South
EXHIBIT A - PAGE 4
fifty-eight degrees twenty-five minutes forty-two seconds East (S 58° 25' 42" E), for a distance of twenty
and ninety-eight hundredths (20.98) feet to an iron pin; thence along other lands of Mt. Zion Associates,
South ten degrees twenty-six minutes forty-three seconds West (S 10° 26' 43" W), for a distance of one
hundred six and sixty-eight hundredths (106.68) feet to a point on the northern right-of-way line of Mt.
Zion Drive; thence along said right-of-way, North seventy-nine degrees thirty-three minutes twenty-four
seconds West (N 79° 33' 24" W), for a distance of one hundred eleven and ninety-five hundredths
(111.95) feet to a point, the POINT OF BEGINNING.
TRACT B - Part 4 of 15
4800 MT. ZION DRIVE (FORMERLY KNOWN AS PORTION OF
MILLER TRACT)
TRACT NO. 2
BEGINNING at a point, said point being on the right-of-way intersection of the northern right-of-way of
Mt. Zion Drive and common property comer with Tax Parcel 10-14-0839-014 (lands now or formerly of
Mt. Zion Associates, L.P.); thence along other lands now or formerly of Mt. Zion Associates, North ten
degrees twenty-six minutes forty-three seconds East (lq 10° 26' 43" E), for a distance of one hundred six
and sixty-eight hundredths (106.68) feet to an iron pin on the southern right-of-way line of Wertzville-
Road; thence along said right-of-way, the following two courses: 1) South fifty-eight degrees twenty-five
minutes forty-two seconds East (S 58° 25' 42" E), for a distance of one hundred eighty-five and five
hundredths (185.05) feet; 2) South eighteen degrees thirty-eight minutes fifty-two seconds West (S 18°
38' 52" W), for a distance of forty-one and twenty-three hundredths (41.23) feet to an iron pin on the
northern right-of-way line of Mt. Zion Drive; thence along said right-of-way, North seventy-nine degrees
sixteen minutes sixteen seconds West (S 79° 16' 16" W), for a distance of one hundred sixty-six and
seventy-three hundredths (166.73) feet; the POINT OF BEGINNING.
FOR INFORMATION ONLY: 12,612 square feet ofiand along Mt. Zion Road; TAX PARCEL NO. 10-
14-0839-030 and FOR INFORMATION ONLY: 4600 Mt. Zion Drive; TAX PARCEL NO. 10-14-0839-
014
TRACT B - Part 5 of 15
LOT 1 PHASE 2B
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, C'ounty of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTA/ACSM
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point, said point being the right-of-way intersection of the northern right-of-way of
Patriot Drive and the western right-of-way of Technology Parkway; thence, along the northern right-of-
way line of Patriot Drive, in a southwesterly direction, along an arc of a curve, curving to the right,
having a radius of forty-five and zero hundredths (45.00) feet, an arc length of seventy-eight and sixty-
nine hundredths (78.69) feet, the chord of which being South fifty-six degrees five minutes six seconds
EXHIBITA- PAGE 5
West (S 56° 05' 06" W), for a chord distance of sixty-nine and four hundredths (69.04) feet to a point;
thence along same, on an arc of a curve, curving to the right, having a radius of one hundred twenty-five
and zero hundredths (125.00) feet, an arc length of one hundred forty-five and forty-six hundredths
(145.46) feet, the chord of which being North forty degrees twenty-eight minutes forty-seven seconds
West (N 40" 28' 47" W), for a chord distance of one hundred thirty-seven and thirty-nine hundredths
(137.39) feet to a point; thence along same, North seven degrees eight minutes thirty-three seconds West
(N 07° 08' 33" W), for a distance of one hundred forty-four and seven hundredths (144.07) feet to a point;
thence along same, on an arc of a curve, curving to the right, having a radius of fifteen and zero
hundredths (15.00) feet, an am length of fifteen and twelve hundredths (15.12) feet, the chord of which
being North twenty-one degrees forty-four minutes thirty.one seconds East (N 21° 44' 31" E), for a chord
distance of fourteen and forty-nine hundredths (14.49) feet to a point; thence along the turn-around of
Patriot Drive, on an arc of a curve, curving to the left, having a radius of sixty and zero hundredths
(60.00) feet, an arc length of one hundred seventy-five and eighty-three hundredths (175.83) feet, the
chord of which being North thirty-three degrees nineteen minutes thirty-six seconds West (N 33" 19' 36"
W), for a chord distance of one hundred nineteen and thirty-three hundredths (119.33) feet to a point;
thence along lands now or formerly of Patriot News Company, the following four courses: 1) North
twenty-seven degrees sixteen minutes forty-eight seconds West (N 27° 16' 48" W), for a distance of one
hundred and zero hundredths (100.00) feet; 2) North fifty-seven degrees thirty-one minutes forty-six
seconds West (N 57° 31' 46" W), for a distance of three hundred twenty-nine and forty-six hundredths
(329.46) feet; 3) North nine degrees forty-one minutes twenty-five seconds East (N 09° 41' 25" E), for a
distance of one hundred fifty and zero hundredths (150.00) feet; 4) South seventy-one degrees one minute
twenty-five seconds West (S 71° 01' 25" W), for a distance of thirty-four and nineteen hundredths (34.19)
feet to a point; thence along lands now or formerly of Mt. Zion EUB Church, North nine degrees forty-
one minutes twenty-five seconds East (N 09° 41' 25" E), for a distance of one hundred fifty-four and one
hundredth (154.01) feet to a point; thence along other lands now or formerly of Mt. Zion Associates, L.P.,
South eighty degrees eighteen minutes thirty-five seconds East (S 80° 18' 35" E), for a distance of five
hundred seventeen and nineteen hundredths (517.19) feet to a point; thence along lands now or formerly
of DDG Properties, Inc., South nine degrees eleven minutes twenty-five seconds West (S 09° 11' 25" W),
for a distance of one hundred nineteen and ninety-two hundredths (119.92) feet to a point; thence along
the same, South twenty degrees thirteen minutes fifty-siren seconds East (S 20° 13' 57" E), for a distance
of four hundred thirty and ninety-five hundredths (430.95) feet to a point; thence along same, South three
degrees thirty-seven minutes fifty seconds East (S 03° 37' 50" E), for a distance of thirty-one and twenty
hundredths (31.20) feet to a point on the western right-of-way line of Technology Parkway; thence along
said right-of-way, South forty-two degrees fifty-seven minutes fifty-two seconds West (S 42o 57' 52" W),
for a distance of fourteen and fifteen hundredths (14.15) feet to a point; thence along same, on an arc ora
curve, curving to the left, having a radius of three hundred ninety and zero hundredths (390.00) feet, an
arc length of two hundred fifty-one and seventy hundredths (251.70) feet, the chord of which being South
twenty-four degrees twenty-eight minutes thirty-two seconds West (S 24° 28' 32" W), for a distance of
two hundred forty-seven and thirty-five hundredths (247.35) feet to a point; the POINT OF BEGINNI2XlG.
TRACT B - Part 7 of 15
LOT 4A~ PHASE 2B
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTA/ACSM
EXHIBIT A - PAGE 6
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point, said point being the right-of-way intersection of the southern right-of-way of Mt.
Zion Drive and the western right-of-way of Technology Parkway; thence along the western right-of-way
line of Technology Parkway, the following seven courses: 1) in a southeasterly direction, on an arc of a
curve, curving to the right, having a radius of twenty-five and zero hundredths (25.00) feet, an arc length
of thirty-nine and twenty-eight hundredths (39.28) feet, the chord of which being South thirty-four
degrees thirty-two rninutes forty-two seconds East (S 34" 32' 42" E), for a distance of thirty-five and
thirtY~six hundredths (35.36) feet; 2) South ten degrees twentY-seven minutes fifty-three seconds West (S
10° 27' 53" W), for a distance of two hundred five and fifty-seven hundredths (205.57) feet; 3) on an arc
of a curve, curving to the left, having a radius of five hundred thirty-five and zero hundredths (535.00)
feet, an arc length of three hundred sixty-eight and eighty-three hundredths (368.83) feet, the chord of
which being South nine degrees seventeen minutes seven seconds East (S 09° 17' 07" E), for a distance of
three hundred sixty-one and fifty-seven hundredths (361.57) feet; 4) South twenty-nine degrees two
S 29° ' "
minutes eight seconds East ( 02 08 E), for a distance of one hundred ninety and nine hundredths
(190.09) feet; 5) on an arc of a curve, curving to the right, having a radius of six hundred sixty and zero
hundredths (660.00) feet, an arc length of two hundred seventy-two and twenty-six hundredths (272.26)
feet, the chord of which being South seventeen degrees thirteen minutes five seconds East (S 170 13' 05"
E), for a distance of two hundred seventy and thirty-three hundredths (270.33) feet; 6) North eighty-four
degrees thirty-five minutes fifty-eight seconds East (N 84° 35' 58" E), for a distance of ten and zero
hundredths (10.00) feet; 7) thence, in a southerly direction, along an arc of a curve, curving to the fight,
having a radius of six hundred seventy and zero hundredths (670.00) feet, an arc length of two hundred
thirty-seven and eighty-one hundredths (237.81) feet, the chord of which being South four degrees forty-
six minutes four seconds West (S 46 04 W), for a distance of two hundred thirty-six and fifty-six
04.0 ....
hundredths (236.56) feet to a point; thence along land now or formerly of DDG Properties, Inc., North
seventy-five degrees three minutes fifty-one seconds West Ox/75° 03' 51" W), for a distance of four
hundred forty-seven and ninety-four hundredths (447.94) feet to a point; thence along other lands now or
formerly of Mt. Zion Associates, bP., North eighty degrees eighteen minutes thirty-five seconds West (N
80° 18' 35" W), for a distance of five hundred seventeen and nineteen hundredths (517.19) feet to a point;
thence along lands flow or formerly of Mt. Zion EUB Church, North nine degrees forty-one minutes'
twenty-five seconds East (N 09° 41' 25" E), for a distance of one thousand one hundred sixty-one and
fifty-nine hundredths (1161.59) feet to an iron pin on the southern right-of-way line of Mt. Zion Drive,
thence along said fight-of-way, South seventy-nine degrees th/ay-three minutes seventeen seconds East
(S 79° 33' i7" E), for a distance of five hundred fifty-two and sixty-one hundredths (552.61) feet to a
point, the POINT OF BEGINNING.
TRACT B - Part 8 of 15
LOT 4B~ PHASE 2R
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTA/ACSM
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point, said point being in the right-of-way of Technology Parkway; thence on an
arc of a curve, in a southerly direction, curving to the right, having a radius of five and thirty-three
EXHIBIT A - PAGE 7
hundredths (5.33) feet, an arc length of eight and thirty-seven hundredths (8.37) feet, the chord of
which being North fifty-five degrees twenty-seven minutes eighteen seconds East (N 55° 27' 18" E),
for a distance of seven and fifty-four hundredths (7.54) feet to a point; thence on an arc of a curve,
in a easterly direction, curving to the right, having a radius of five and thirty-three hundredths
(5.33) feet, an arc length of eight and thirty-seven hundredths (8.37) feet, the chord of which being
South thirty-four degrees thirty-two minutes forty-two seconds East (S 34° 32' 42" E), for a
distance of seven and fifty-four hundredths (7.54) feet to a point; thence, South ten degrees twenty-
seven minutes fifty-three seconds West (S 10° 27' 53" W), for a distance of sixty-eight and zero
hundredths (68.00) feet to a point; thence, on an arc of a curve, curving to the right, having a radius
of five and thirty-three hundredths (5.33) feet, an arc length of eight and thirty-seven hundredths
(8.37) feet, the chord of which being South fifty-five degrees twenty-seven minutes fifty-three
seconds West (S 55° 27' 53" W), for a distance of seven and fifty-four hundredths (7.54) feet to a
point; thence, on an arc of a curve, curving to the right, having a radius of five and thirty-three
hundredths (5.33) feet, an arc length of eight and thirty-seven hundredths (8.37) feet, the chord of
which being North thirty-four degrees thirty-two minutes seven seconds West (N 34° 32' 07" W),
for a distance of seven and f'Lfty-four hundredths (7.54) feet to a point; thence North ten degrees
twenty-seven minutes fifty-three seconds East (N 10° 27' 53" E), for a distance of sixty-eight and
zero hundredths (68.00) feet to a point, the POINT OF BEGINNING.
TRACT B - Part 9 of 15
LOT 5 PHASE 2A
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTA/ACSM
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point, said point being the right-of-way intersection of the southern right-of-way of Mt.
Zion Drive and the eastern'right-of-way of Technology Parkway; thence along the southern right-of-way
line of Mt. Zion Drive, South seventy-nine degrees thirty-three minutes seventeen seconds East (S 79° 33'
17" E), for a distance of one hundred eighty and sixty-eight hundredths (180.68) feet to a point; thence
along lands now or formerly of Russell C. and Anna E Meck, South fourteen degrees forty minutes forty-
three seconds West (S 14° 40' 43" W), for a distance of one hundred fifty-two and eighty-eight
hundredths (152.88) feet to a point; thence along same, South seventy-nine degrees thirty-three minutes
seventeen seconds East (S 790 33' 17" E), for a distance of ninety-nine and seventy-nine hundredths
(99.79) feet to a point; thence along lands now or formerly of Larry S. and Audrey M. Myers, South
twenty-six degrees eight minutes thirty-six seconds West (S 26° 08' 36" W), for a distance of two
hundred seventy-two and twenty-five hundredths (272.25) feet to an iron pin; thence along lands now or
formerly of Pinnacle Health Hospital, South sixty-two degrees twenty minutes forty-one seconds West (S
62° 20' 41" W), for a distance of one hundred fifty-seven and thirteen hundredths (157.13) feet to a point
on the eastern right-of-way line of Technology Parkway thence along said right-of-way, in a northerly
d rection, on hn arc of a curve, curving to the right, having a radius of four hundred fifty-five and zero
hundredths (455.00) feet, an arc length of three hundred two and seventy-two hundredths (302.72) feet,
the chord of which being North eight degrees thirty-five minutes forty-three seconds West (N 08° 35' 43"
W), for a distance of two hundred ninety-seven and seventeen hundredths (297.17) feet to a point; thence
along the same, North ten degrees twenty-seven minutes fifty-three seconds East (N 10° 27' 53" E), for a
EXHIBIT A - PAGE 8
distance of two hundred five and sixty-two hundredths (205.62) feet to a point; thence along same, on an
arc of a curve, curving to the right, having a radius of twenty-five and zero hundredths (25.00) feet, an arc
length of thirty-nine and twenty-six hundredths (39.26) feet, the chord of which being North fifty-five
degrees twenty-seven minutes eighteen seconds East (N 55° 27' 18" E), for a distance of thirty-five and
thirty-five hundredths (35.35) feet to a point, the POINT OF BEGINNING.
TRACT B - Part 10 of 15
_LOT 7~ PHASE 2A
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTAJACSM
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point, said point being on the eastern right-of-way line of Technology Parkway and a
common comer with Lot 6, thence, along land now or formerly of Pinnacle Health Hospital, South forty-
seven degrees two minutes eight seconds East (S 47" 02' 08" E), for a distance of one hundred forty-three
and nineteen hundredths (143.19) feet to a point; thence along same, South four degrees eighteen minutes
thirty-five seconds East (S 04° 18' 35" E), for a distance of one hundred seventy-eight and fifty-five
hundredths (178.55) feet to a point; thence along Lot 8. South sixty-seven degrees thkty-six minutes two
seconds West (S 67° 36' 02" W), for a distance of one hundred fourteen and zero hundredths (i 14.00)
feet to a point; thence along same, South twenty degrees forty-four minutes thirty-four seconds West (S
20° 44' 34" W), for a distance of one hundred forty and zero hundredths (140.00) feet to a point; thence
along the same, North eighty-six degrees two minutcs eight seconds West (N 86° 02' 08" W), for a
distance of one hundred forty-two and seventy-six hundredths (142.76) feet to a point on the eastern right-
of-way line of Technology Parkway; thence along said right-of-way line, North three degrees fifty-seven
minutes fifty-two seconds East (N 03° 57' 52" E), for a distance of one hundred fifty-one and forty-two
hundredths (151.42) feet to a point; thence along same, on an arc of a curve, curving to the right, having a
radius of three hundred thirty and zero hundredths (330.00) feet, an-arc length of two hundred twenty-four
and sixty.-two hundredths (224.62) feet, the chord of which being North twenty-three degrees twenty-
seven nunutes fifty-two seconds East (Iq 23° 27' 52" E), for a chord distance of two hundred twenty and
thirty-one hundredths (220.31) feet to a point; thence along same, North forty-two degrees fifty-seven
minutes fifty-two seconds East (N 42° 57' 52" E), for a distance of one hundred eighteen and eighty-six
hundredths (118.86) feet to a point; the POINT OF BEGINNING.
TRACTB-Part 11 of 15
LOT 8 PHASE 2A
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTA/ACSM
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit: -
BEGINNING at a point, said point being on the eastern right-of-way line of Technology Parkway and the
common property comer of Lot 7; thence along other lands of Mt. Zion Associates, L.P. the following
three courses: 1) South eighty-six degrees two minutes eight seconds East (S 86° 02' 08" E), for a
distance of one hundred forty-two and seventy-six hundredths (142.76) feet; 2) North twenty degrees
EXHIBIT A - PAGE 9
forty-four minutes thirty-four seconds East (N 20° 44' 34" E), for a distance of one hundred fot-~y and
zero hundredths (i40.00) feet; 3) North sixty-seven degrees thirty-six minutes two seconds East (N 67°
36' 02" E), for a distance of one hundred fourteen and zero hundredths (I 14.00) feet to a point; thence
along lands now or formerly of Pinnacle Health Hospitals, South four degrees eighteen minutes thirty-five
seconds East (S 04° 18' 35" E), for a distance of one hundred fifty-eight and twenty-three hundredths
(158.23) feet to an iron pin; thence along lands now or formerly of Pheasant Hill Farm Limited
Partnership, South twenty degrees forty-four minutes thirty-four seconds West (S 20° 44' 34" W), for a
distance of nine hundred thirty-seven and seventy-four hundredths (937.74) feet to an iron pin; thence
along same, South forty-five degrees thirty-four minutes forty-eight seconds West (S 45° 34' 48" W), for
a distance of five hundred seventy-two and fifty-three hundredths (572.53) feet to a point; thence along
lands now or formerly of Eugene Deimler, Sr., North sixteen degrees forty-four minutes fourteen seconds
West (N 16° 44' 14" W), for a distance of one hundred thirty-three and zero hundredths (133.00) feet to a
point on the eastern fight-of-way line of Technology Parkway; thence along said fight-of-way line, the
following four courses: 1) in a northeasterly direction, along an arc of a curve, curving to the left, having
a radius of five hundred thirty and zero hundredths (530.00) feet, an arc length of one hundred eighty
three and sixty-four hundredths (183.64) feet, the chord of which being North forty-eight degrees twenty-
three minutes twenty-seven seconds East (N 48° 23' 27" E), for a distance of one hundred eighty-two and
seventy-two hundredths (182.72) feet; 2) North thirty-eight degrees twenty-seven minutes fifty-two
seconds East (N 38° 27' 52" E), for a distance of one hundred eleven and seventy-one hundredths
(111.71) feet; 3) thence along an arc of a curve, curving to the left, having a radius of one thousand one
hundred thirty and zero hundredths (1130.00) feet, an arc length of six hundred eighty and forty-two
hundredths (680.42) feet, the chord of which being North twenty-one degrees twelve minutes fifty-two
seconds East ('N 21° 12' 52" E), for a distance of six hundred seventy and eighteen hundredths (670.18)
feet; 4) North three degrees fifty-seven minutes fifty-two seconds East (N 03° 57' 52" E), for a distance
of three hundred ten and seventy-seven hundredths (310.77) feet to a point; the POINT OF BEGINNING.
TRACT B - Part 12 of 15
LOT_~9 PHASE 3
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, being more particularly bounded and described on an ALTAJACSM
Land Title Survey of Land of Mt. Zion Associates L.P. dated June 28, 2000 as prepared by Biscon Land
Surveying Company, Inc., as follows, to wit:
BEGINNING at a point, said point being the right-of-way intersection of the western fight-of-way of
Technology Parkway and the southern right-of-way of Patriot Drive, thence, along the western right-of-
way line of Technology Parkway, the following four courses: 1) South three degrees fifty-seven minutes
fifty-two seconds West (S 03° 57' 52" W), for a distance of three hundred thirty-six and forty hundredths
(336.40) feet; 2) along an arc of a curve, curving to the fight, having a radius of one thousand seventy and
zero hundredths (1070.00) feet, an arc length of six hundred forty-four and twenty-nine hundredths
(644.29) feet, the chord of which being South twenty-one degrees twelve minutes fifty-two seconds West
(S 21° 12' 52" W), for a distance of six hundred thirty-four and sixty hundredths (634.60) feet; 3) South
thirty-eight degrees twenty-seven minutes fifty-two seconds West (S 38° 27' ST' W), for a distance of
one hundred eleven and seventy-one hundredths (111.71) feet; 4) along an arc of a curve, curving to the
right, having a radius of four hundred seventy and zero hundredths (470.00) feet, an arc length of one
hundred forty-six and seventy-six hundredths (146.76) feet, the chord of which being South for~y-seven
degrees twenty-four minutes thirty-six seconds West (S 47° 24' 36" W), for a distance of one hundred
forty-six and sixteen hundredths (146.16) feet to a point; thence along lands now or formerly of Eugene
EXHIBIT A - PAGE 10
Deimler, Sr., the following four courses: 1) North sixteen degrees forty-four minutes fourteen seconds
West (N 16° 44' 14" W), for a distance of one hundred eleven and twenty-three hundredths (111.23) feet;
2) North eight degrees forty-one minutes twenty-five seconds West (N 08* 41' 25" W), for a distance of
two hundred sixty-four and zero hundredths (264.00) feet; 3) North nineteen degrees twenty-six minutes
nineteen seconds West (N 19° 26' 19" W), for a distance of one hundred fifteen and fifty hundredths
(115.50) feet; 4) North twenty-four degrees fifty-one minutes thirty-seven seconds West (N 24° 51' 37"
W), for a distance of two hundred fifty-one and nineteen hundredths (25 i. 19) feet to a point; thence along
lands now or formerly of the Patriot News Company, North sixty-five degrees ten minutes thirty-seven
seconds East (N 65° I0' 37" E), for a distance of two hundred twelve and one hundredth (212.01) feet to
a point; thence along same, North thirty-nine degrees eight minutes forty seconds East (N 39° 08' 40" E),
for a distance of five hundred twenty-two and ninety-three hundredths (522.93) feet to a point on the
southern right-of-way line of Patriot Drive; thence along said right-of-way line, in an easterly direction,
along an arc of a curve, curving to the left, having a radius of one hundred seventy-five and zero
hundredths (175.00) feet, an arc length of ninety-four and twenty-four hundredths (94.24) feet, the chord
of which being South sixty-six degrees seven minutes twenty-seven seconds East (S 66° 07' 27" E), for a
chord distance of ninety-three and ten hundredths (93.10) feet to a point; thence along the same, on an arc
of a curve, curving to the right, having a radius of forty-five and zero hundredths (45.00) feet, an arc
length of sixty-seven and sixteen hundredths (67.16) feet, the chord of which being South thirty-eight
degrees forty-seven minutes thirty-five seconds East (S 38~ 47' 35" E), for a chord distance of sixty-one
and ten hundredths (61. I0) feet to a point; the POINT OF BEGINNING.
TRACT B - Part 13 of 15
ADVERSE TRA C_T.T
EXCEPTING from coverage the following three tracts akeady conveyed or under contract to be
conveyed:
TECH PARK ASSOCIATES - ADVERSE:
ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Commonwealth
of Pennsylvania, as described on a Final Resubdivision Plan of Lots I and 4A for Cumberland
Technology Park as dated November 21, 2001, last revised December 27, 2001 as prepared by H. Edward
Black & Associates, P.C. and recorded in Cumberland County Plan Book 84, Page 133, more particularly
described as follows, to wit:
BEGINNING at a point, said point being the right-of-way intersection of the northern right-of-way
of Patriot Drive and the western right-of-way of Technology Parkway; THENCE along the northern
right-of-way line of Patriot Drive, in a southwesterly direction, along an arc of a curve, curving to
the right, having a radius of 45.00 feet, an arc length of 78.69 feet, the chord of which being South
56 degrees, 05 minutes, 06 seconds West, for a distance of 69.04 feet to a point; thence, along same,
on an arc of a curve, curving to the right, having a radius of 125.00 feet, an arc length of 145.46 feet,
the chord of which being north 40 degrees, 28 minutes, 47 seconds West, for a distance of 137.39
feet to a point; thence along same, North 07 degrees, 08 minutes, 33 seconds West, for a distance of
144.07 feet to a point; thence along same, on an arc of a curve, curving to the right, having a radius
of 15.00 feet, an arc length of 15.12 feet, the chord of which being North 21 degrees, 44 minutes, 31
seconds East, for a distance of 14.49 feet to a point; thence along same, on an arc of a curve, curving
to the left, having a radius of 60.00 feet, an arc length of 175.83 feet, the chord of which being North
EXHIBIT A - PAGE 11
33 degrees, 19 minutes, 36 seconds West, for a distance of 119.33 feet to a point; thence along lands
of Patriot News Co., the following four courses: 1) North 27 degrees, 16 minutes, 48 seconds West,
for a distance of 100.00 feet; 2) North 57 degrees, 31 minutes, 46 seconds West, for a distance of
329.46 feet; 3) North 09 degrees, 41 minutes, 25 seconds East, for a distance of 150.00 feet; 4) South
71 degrees, 01 minutes, 25 seconds West, for a distance of 34.19 feet to a point; thence along lands
of Mt. Zion EUB Church, North 09 degrees, 41 minutes, 25 seconds East, for a distance of 835.01
feet to a point; thence along other lands of Mt. Zion Associates, L.P., Lot 4A, South 80 degrees, 18
minutes, 35 seconds East, for a distance of 541.57 feet to a point; thence along same, North 77
degrees, 11 minutes, 13 seconds East, for a distance of 79.62 feet to a point on Technology Parkway;
thence along said right-of-way, the following five (5) courses: 1) on an arc of a curve, curving to the
left, having a radius of 535.00 feet, an arc length of 151.53 feet, the chord of which being South 20
degrees, 55 minutes, 17 seconds East, for a distance of 151.02 feet to a point; 2) South 29 degrees,
02 minutes, 08 seconds East, for a distance of 190.09 feet; 3) on an arc of a curve, curving to the
right, having a radius of 660.00 feet, an arc length of 272.26 feet, the chord of which being South 17
degrees, 13 minutes, 05 seconds East, for a distance of 270.33 feet; 4) North 84 degrees, 35 minutes,
58 seconds East, for a distance of 10.00 feet; 5) thence, in a southerly direction, along an arc of a
curve, curving to the right, having a radius of 670.00 feet, an arc length of 237.81 feet, the chord of
which being South 04 degrees, 46 minutes, 04 seconds West, for a distance of 236.56 feet to a point;
thence along land now or formerly of DDG Properties, Inc., the following four (4) courses: 1)
North 75 degrees, 03 minutes 51 seconds West for a distance of 447.94 feet to a point; 2) South 09
degrees, 11 minutes, 25 seconds West, for a distance of 119.92 feet to a point; 3) South 20 degrees,
13 minutes, 57 seconds East, for a distance of 430.95 feet to a point; 4) South 03 degrees, 37
minutes, 50 seconds East, for a distance of 31.20 feet to a point on the western right-of-way line of
Technology Parkway; thence along said right-of-way South 42 degrees, 57 minutes, 52 seconds
West, for a distance of 14.15 feet to a point; thence along same, on an arc of a curve, curving to the
left, having a radius of 390.00 feet, an arc length of 251.70 feet, the chord of which being South 24
degrees, 28 minutes, 32 seconds West, for a distance of 247.35 feet to a point; the POINT OF
BEGINNING.
CONTAINING 20.33 acres of land. Subject to a 20' wide buffer yard screening on the western property
line, a 4' wide trail easement on the western property line, and through the eastern part of the lot, a 20'
wide stormsewer drainage easement and a variable width stormwater easement along the eastern property
line, and a 20' utility easement along the southern property line, a.k.a., Patriot Drive right-of-way line.
BEING (Revised) Lot 1. Plan Book 84, Page 133.
TRACT B -Part 14 of 15
PINNACLE HEALTH HOSPITALS - ADVER
ALL THAT CERTAIN' parcel or tract of land situated along the eastern side of Technology Parkway in
Hampden Township, Cumberland County, Pennsylvania, said tract being shown as part of Lot No. 6 on a
Final Re-subdivision Plan for Cumberiand Technology Park, Phase 2A and 2B, dated February 17, 2000,
and last revised May 24, 2000, as recorded on June 23, 2000 in Cumberland County Plan Book 8 i, Page
53, said tract being more particularly bounded and described as follows:
BEGINNING at a point located along the eastern right-of-way line of Technology Park 1774.68' south of
the intersection of the centerline of Mt. Zion Drive, said point being an Lron pin (set) delineating the
southwestern comer of Lot No. 6 as shown on the referenced Re-subdivision Plans; thence along the
EXHIB1TA- PAGE 12
western right-of-way of Technology Parkway the following two courses and distances: (1) North 42° 57'
52" East a distance of 106.38' to a point; (2) in an arc curving to the left with a radius of 730.00', an arc
length of 26.22' and a 26.22' chord bearing North 41° 56' 08" East to a point; thence along (through)
lands now or formerly of Pinnacle Health Hospitals (Lot 6) South 04° 18' 35" East, a distance of 195.50'
to a point; thence along (through) lands now or formerly of Mt. Zion Associates L.P. (Lot 7) North 47°
02' 08 West a dtstance of 143.19 to a point, being the point of BEGINNING.
CONTAINING .22 acres, more or less.
TRACT B - Part 15 of 15
ALL THAT CERTAIN tract of land consisting of approximately 3 acres being a portion of Lot 9, Phase
3, Cumberland Technology Park, Hampden Township, Cumberland County, Pennsylvania to be
subdivided and conveyed to Raymond W. Hoover and Deborah S. Hoover by virtue of pending
unrecorded Land Purchase Agreement dated February 26 2002.
F:\daw~3485. ELYSIAN PARTNERS L.P~8809. MT. ZION~Docurnents\Exhibit A.doc August 8, 2002 9:57 AM