Loading...
HomeMy WebLinkAbout02-4337012488-00001/9.5.02/RMW/SIB/162458.1 STIPULATION AGAINST LIEN,C; R. HART ENTERPRISES, INC. Owner WOMEX, INC., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NUMBER 03.-/,/337 ~0 TERM, 2002 R. HART ENTERPRISES, INC., a Pennsylvania business corporation with its registered office at 326 Swatara Street, Steelton, Pennsylvania, hereinafter called "Owner", has entered into a contract with WOMEX, INC., a Pennsylvania Corporation with its principal place of business at 201 South Filey Road, Dillsburg, Pennsylvania, hereinafter called "Contractor", for installation and construction of municipal improvements including sanitary and storm water systems, streets, water and other municipal improvements upon land of Owner situate in Upper Allen and Lower Allen Townships, Cumberland County, Pennsylvania, being more particularly bounded and described on Exhibit "A," attached hereto and made part hereof. NOW, September 6, 2002, before any authority has been given by the said Owner to the said Contractor to commence work on the said improvements or purchase materials for the same, in consideration of the making of the said contract with Owner and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against said municipal improvements or the property 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 purchased for the installation and construction of said municipal improvements, the right to file such liens being expressly waived. 012488-00001/9.5.02/RMW/SfB/162458.1 WITNESS, our hands and seals the day and year aforesaid. Owner: R. HART ENTERPRISES, INC. RicI~¢8 P. I-~art, Jr., President / ? (SEAL) Contractor: (:¢~) Pre.~sident Name: /~o ~ ~_~ (SEAL) EXHIBIT A LEGAL DESCRIPTION UPPER ALLEN A1ND LOVfER ALLEN TOWNSHIPS CUMBERLAND COUNTY, PENNSYLVANIA All that certain tract of land situated in Upper Aillen and Lower Allen Townsl~ps, Cumberland County, Pennsylvania and more pm~icularly described as follows: Beginning at an iron pin; said pin being the common property comer of Lot #3 of/he Final Subdivision Plan for R. Haft Enterprises, 5lc. and LoL~ D-4 and C-4 of the Rossmoyne Industrial Park; thence from said point of beginning the following twenty- five (25) courses: 1) Along the southern boundary line of lands now or formerly of Thomas L. Elliot, lauds now or formerly of American Real Estate Investment, L.P., lands . now or formerly of Szele~ Peal Estate Development Company, lands now or formerly of Lancaster Development Company and lands now or formerly of Erie Indemnity Company North 54- degrees 30 minutes 00 seconds East a distance of 2,203.63 feet to the western fight-of-way cfRossmoyne Road; thencc, 2) Along the western right of way of Rossmoyne RoM South ] 8 degrees 01 minutes 58 seconds East a distance of 18,77 feet; thence, 3) Along the same South 36 degrees 49 minutes 53 seconds East ~t distance of 296.07 feet', thence, 4) Along the northern property line of lands now or formerly of Susan M. Ritter South 51 degrees 17 minutes 49 seconds West a.distance of 279.62 feet; theD, oe, 5) Along the western property line of the sm-ne South34 degrees 39 'minutes 11 seconds East a dls'rance of 22.13 feet; thence, 6) Along the northern right ofwi~y of Woodbox Lane and the northemproperty line of lands now or formerly of Robert O'. mid Katheryn A. Horst South 50 degrees 56 minutes 00 seconds West a distance of 283.15 feet; thm~ce, 7) Along the western property linc of said Horst South 37 degrees 07 minutes 02 seconds East a distance of 167.73 feet to an iron pipe 'on the northern line of l~ds now or fotmerly of Gregory S. Lesher; thence, 8) Along the northern property Iine of sa~d Lesher and the norlh~rn property line of In%ds now or fotraerly of Robert :r. Moore 63 doD'ecs 40 minutes 49 seconds West a distance of 259.~3 feet to the north west propett-y corner of said Moore; tl~ence, 9) Along the western property line of said Moore South lg de~ees 0t minutes 43 seconds East a distance of 138.95 fe~t to the northern fight of way of Fir:thom Lan~; thence, 10) Along said right of way South 7I degrees 49 minutes distmuce of 30.83 feet; II) Along the western ~ght of way of said lane South seconds E~st a distance of 45.05 feet to mu iron pin at the common properb/ comsr of lands now or formerly of Richard A, mud Cheryl S, Lehruarm and lands now or formerly of fames R.. and Yudith A..McClure; thence, 12) Along the northern property line of said McCluze Sou~h 7I degrees 49 minutes 37 seconds West a distance of 27.22 feet to an iron pin on the northern bo~mdazy line ofd~e statue; thence, 13) Along the s~me South 86 degrees 41 minutes 11 seconds'Vfes~ ~ distance o£ 89.78 fec~ ~o the no~h west property corner of the same; thence, 14) Along the western property llne of the marne South 05 degrees 32 minutes 19 seconds West a distance of 161.26 feet to the common property comer of said ' McClure mud lands now or formerly of $ohn K. and Louise M. Heclccamu; 15) Along the northern properb' line of said Heckmmu South 78 degrees 2l minutes 59 seconds West a distance of 69.96 feet to an iron pipe; thence, 16) Along the western property line of the sarae South 20 degrees 48 minutes 2~ seconds Bast a distance of 117.20 feet; 17) Along the stone South 05 degrees ,~0 minutes 26 seconds Bast a distance of ~ ~.99 feet to an iron p~p e at the conunon property cdmer of said Heckman and' lands now or formerly of Steve B. and Kathy A~n Brenizer; thence, 18) Along the northern property line of said Brenizer South 43 degrees 00 minutes 00 seconds 'West a distance of 100.02 feet; theuce.~ 19) Along the same and the northern property line of lands.now or formerly of Thomas tL Bank, Et. Ux. South 30 degrees 25 ~mutes 34 seqonds West a distance of 158.6~ feet to the northern property line of said Bank; thence, 20) Along the northern propcu-ty line of the same, lauds now of fonncrly of Raymond P,. and Alma A. Murlceak, lands now of formerly ofP, obert C. and Beverly D. Stuart, lands now or formerly of Howard P,. and Laurie S. Grecmawalt mud lands now or forn~ezly of Rober~ D. fr. and Sally C. Chamberlain South 71 degrees 49 minutes 34 seconds West a distance of 693.29 feet to an iron pin ou the northern property llne of said Chamberlain; said pin also being the south east property comer of lands now or formerly of ~eny L. and Barbara L. Ogline; thence, 21) Along the eastern property line of said Ogline North 18 degrees 10 raiuutes 26 seconds West a distance of 140.00 feet to the southern right of way of P. avenwood KOadi 22) Along the same North 71 degrees 4.9 minutes 34 seconds East a distance of 57.75 feet; thence, 23) Along the eastern noht of way of the same m~d the e~stem property line of lands now or formerly ofAndz'ew H. and Nancy C. Wagner North l 8 degrees 10 minutes 26 seconds V/cst a distance of 190.00 feet to mu iron pin at the north east property comer of the stone; thence, 24) Along the northern property line of the same and the northern property line of lands now or formerly ofDeun{~ L. and Ifmz~n M. Burd South 71 degrees z~9 m~ute~ 34 seconds West a distance of 167.49 feet; thence, 25) Along the eastern.property line of Lot #2 ~nct Lot #3 of The Final Subdivision Plan for R. I-tm-t Bnterpfise,~, Inc. North 42 degrees 07 mi=utes 16 seconds West a distance of 424.00 feet to the plmse ofbeglnning. Said parent tract contains 1,400,264 S.F. or 32.1f acres