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HomeMy WebLinkAbout01-5484STIPULATION AGAINST LIENS LEMOYNE RETIREMENT RESIDENCE LP, an Oregon Limited Partnership, Owner COLSON & COLSON GENERAL CONTRACTOR, 1NC., an Oregon corporation, Contractor : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, LEMOYNE RETIREMENT RESIDENCE LP, an Oregon Limited Partnership of 2250 McGilchrist Street, S.E., Suite 200, Salem, Oregon 97302, is about to execute contemporaneously herewith, a contract, with COLSON & COLSON GENERAL CONTRACTOR, INC., an Oregon corporation of 2250 McGilchrist Street, S.E., Suite 200, Salem, Oregon 97302, for the erection of a building upon premises commonly known as Lot 5 of the Preliminary/Final Subdivision Plan of Lemoyne Retirement Community, Cumberland County, Pennsylvania, as set forth in said Preliminary/Final Subdivision Plan of Lemoyne Retirement Community recorded August 18, 2001 in Plan Book 83, Page 123 and conveyed to Owner by deed dated August 13, 2001, and recorded August 17, 2001 in Deed Book 247, Page 4786, in the Recorder's Office for Cumberland County, Pennsylvania. Lot 5 more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, September 18, 2001, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the 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 Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor 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 erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: COLSON~ COLSON GENERAL CONT .R~. ~UTOR, INC., an OregOn corporatiqn I ~ [ William E. Colson, President OWNER: LEMOYNE RETIREMENT RESIDEI~ICE LP, an Orego~b I~mited Partnershin A / II - William E. Colson, General Partn~rr ALL THAT CERTAIN parcel or tract of ground situate in Lemoyne Borough, Cumberland County, Pennsylvania, known as Lot 5, of a Preliminary/Final Subdivision Plan, of Lemoyne Retirement Community, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 83 Page 123, more particularly bounded and described as follows to wit: BEGINNING at a rebar on the northeastern corner of Lot 5; thence along lands now or formerly of Glenn L. Miller and Robert Lloyd Kulp South 66 degrees 03 minutes 47 seconds West 401.62 feet to a point; thence along lands now or formerly of Michael A. Serluco North 28 degrees 31 minutes 29 seconds West 261.39 feet to a rebar; thence continuing along the lands now or formerly of Michael A. Serluco South 61 degrees 33 minutes 36 seconds West 22.65 feet to a point; thence along lands now or formerly of Agincourt Limited Parmership North 45 degrees 26 minutes 30 seconds West 410.11 feet to a point at the corner of Lot 4; thence continuing along the dividing line between Lot 5, 4, 3, 2, and 1 North 64 degrees 30 minutes 58 seconds East 448.64 feet to a point; thence along lands now or formerly of Robert W. Farver and lands now or formerly of Anna M. Priar South 42 degrees 40 minutes 54 seconds East 349.79 feet to a rebar at the corner of lands now or formerly of Anna W. Priar and Walnut Street; thence continuing along same 61.90 feet to a point; thence along lands now or formerly of Van E. and Patsy K. Milbrand South 61 degrees 33 minutes 36 seconds West 5.99 feet to a point; thence continuing along lands now or formerly of Van E. and Patsy K. Milbrand South 28 degrees 26 minutes 24 seconds East 262.92 feet to a rebar, the place of BEGINNING. CONTAINING 275,387.18 square feet; 6.3220 acres.