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HomeMy WebLinkAbout96-01467 STIPULATION AGAINST LIENS ,1.\ (lle. - \ 4 lo 7 The undersigned contractor, materialman or other entity or person furnishing services. labor or materials, known as Boyd E. Diller. Inc., a Pennsylvania Corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/IOO dollars ($1.00) to it in hand paid by GIANT FOOD STORES. INC., a Pennsylvania Corporation, ("Owner") the receipt whereof is hereby acknowledged. for itself and any subcontractors, materialmen. laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be flied or maintained by it, them or any of them, against the real estate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or other improvements thereon (jointly and severally. the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated February 26, 1996. or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract The undersigned, for itself, its subcontractors. materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquished all right to file a mechanics' lien. claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, it subcontractors. materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any coun of competent jurisdiction of the Commonwealth of Pennsylvania. or elsewhere. to a!,pear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satistied of record at the cost and cxpensc of the undersigned, any and all claims. liens. any pleading or instrument, or any amendment to any pleading or instrumcnt previously tilcd by it or them. to incorporate thcrein as pan of the record this waiver and for such act or acts this wavier shall be good and sufticillnt warrant and authority, and the undersigncd for itself. and for thcm. does hcreby remlsc, relcase and quit-claim all rights and all manner of crrors. in tiling such pleading, ins'IUment or amendmcnt. or in any way concerning them. Owner shall have the absolute right in il.~ name or in the name of the undersigned or any other entity or person who shall havc tiled a claim or Hen, to cause any and aU such claims or liens to be discharged by any other instrument. pleading or procecding permitted at law or in equity. The undersigncd hereby avers, represcnts and warrants that no work has commenced on the Rcal Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvcment of the Real Estate by the undersigned or by any subcontractor. materialman. laborer, or other person or entity, and that no authori:tation has yct been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. " SCHEDULE A LEGAL DESCRIPTION BEGINNING AT A POINT on masoumern right.ol.wav lino 01 U. S. Aoute IllHarrisburg PIKe'. uid point being IOI;~ted and relerenced in I wuterly direction Irom thl right.ol-way intersecllon of lhe southern right.ol. way line of Harrisburg Pike Iright.of-way line at 30 fell Irom centerline at relerenc. point) and the westfrn right'of.w~v line 01 Shady Lane la 33 fOOt right.ol.wavl lhe lollowing courses ~nd distances: 1. Along the southern righl.ol.wa', 01 HarriSburg Pike. Soulh !54 degrets 24 ,TMutes 30 seconds West a dlslance 01 217.23 lut to a point; 2. Thence along \tie same Norm 35 degrees 35 minutes 30 seconds West a di~tance of 1.00 feet 10 a po,nt; 3. Thenc. ~Iong tl'le same Sovm 54 degrees 24 minutes 30 seconds Wesl a distance 01 66.54 lilt 10 tl'll point of beginning. From said point of beginning. along lands now or formerly of Prime Choice V. Inc.. South 35 degrees 35 minutes 30 seconds Easl a distanct 01 391.00 leet to a point; thence along the same North !54 degrees 24 minutu 30seeonds EaSt' distance of 261.34 leet to a point on the western rlght.of.way line 01 Shady Lane: thence along the western right-aI-way line 01 Shady Lane Soulh 32 degrllS 18 minutes 00 seconds East I dlstanCI of 316.78 fllua a paint: thenculong lands now odormerly of Fl. J. Shultz Enterprises. Inc.. ScMIl52 cltgrees 51 minutes 00 seconds West a distance of 224.91 feet to a point; mence alol1O tl'le same Soutl'l 211 degreeS 26 minutes 00 IIconds East a distance of421.31 fellta I paint; thence along lands now or fonnerlyofRablrt C. Foltz. Jr. South lIO degrees 51 minutes 30 Slconds West a distance of 1.129.98 'eetta a point: thence along lands now or larmerly of Carlisle Mobile Homes. Inc. North 05 degrees 41 mlnut.. 00 seconds West. distance of 1.149.01 feet to a point on the soulhern right-of-way linll of Harrisburg Pike: thence tram said point an tl'le southern right-af-wlY Iin. of U.S. Route 11. North 54 degr... 24 minutes 30 ..condsEas.. distanc. of 15.20f8ltlo a paint; thence along the sam. South 35 degrees 35 minutes 30 seconds East I dlstanc. of 5.00 feet to a point; thence alano the same North 54 degrees 24 mlnUllls 30 StConds East a distanCe of 150.00 feet to I point thenee along the same North 35 degrHS 36 minutes 30 seconds West . distlnCI Of 5.00 feet to a point; thence along the saml North 54 degrees 24 minute. 30 ..conds ElSt I dlstancl Of 150.00 fHt to a point: thence along th. same North 35 dlgrees 35 minutes 30 seconds West I distincI Of !l.00 feet to a paint; thlncl along th. urn. North!54 degrees 24 mInutes 30 seconds East a distance of 1 !lO.OO flit te I point; thence along the same North 35 degrees 35 minutes 30 seconds West I dlstanc. Of 7.00 feet te a point; thence along thl ume NOrth !l4 degrees 24 minutes 30 seconds East a dlslance of 133.45 feet to a point. said point being Ihe POINT OF' BEGINNING. Being combined Lots #1 and #2 01 the Final Land Oevelopment Site Plan for 'Glant COrporatl OffICI ElCQ.nsion' preparedbyJ. Michael Brilll Associates, Inc. and dated May 6. 1994 with the lalest revision of June 28, 1994. Containing 23.7560 acres. J I~ ,> ) :1 C' T. .'J, 0 1{\ r) G"' V;j -., 0 a- ~ .. "1- .SJ , I 111' J 1,(' r" ( ,. r.: . ) , 11 1'1 -- ,. , 'j ( ~ I'L- I It:. c.) ~ c.