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Home My WebLink About00-03910 r.... MA1-~O-OO'S~T 3:09 MORGAN, HALLGREN, & KANE 06 - .39/0 FAX NO. 7172996170 mIJ)~~_ -~~~,- ~ " '..- WAIVER OF RIGHT TO FILE AND .~ STIPULATION. AGAINsT MECHANICS' LIENS ._~~:~ c -c.= ~.~ VERN L. WADEL, t/d/b/a WADEL'S EXCAVATING, P. O. Box :304,N~';'bti~,"Li,~l'''; 1 ?240, hereinafter. cal.led the "CONTRAC...TOR'" has ~nt. erec1.. in. t. 0 a c6nt;,ia~t.__. _-.- w~th SHIPPENSBURG VILLAGE, LTD., Box 98, Glenv~lle, PA 17329, h~efc .__ called the "OWNER", to make site preparations ror a developme..L~" )~_~ - -~-- Owner, providing all the -materi-als-afiCl1.aoor-, upon the-Yc)lTowirig l0~ ,~-- ~- t ~ct of land of Owners: ',; L -"'- For legal description, see attached Exhibit "A" ^" \ NOW, THEREFORE, it is.hereby stipulated and ~greed by and Letween t: OwnerS and the Contractor as part of the contrac:t and for th,.. consideration the):'ein set forth that the right Eo file a mechanics' lien claim is waived and _t_hatiien:neY -the und1n:ifignea-Contractor, nor any subcontractor, nOr materialmen, nor laborer, nor -any other pel"SOn furnishing labor or materials to_ the Contractor shall file a claj,m or lien commonly called a rrM_8chanics'..Lien" for w6rk done or materials furn; ,;hed to the proposed construction, the land appurtep'''.... ther",to or t thereof. .. -. - ..... -~ ,<;; '-- _. I ,~ This Stipulation is made andintBnded to be filed with the Prothonotary of Lancaster County. Penru;ylvania, prior to the commenceoIT__nt c.f t.!le work upon the aforesaid lot of. land, and the Contractor hereby c'91, os that no authority has been given to him to proceed with the s"id work prior to the execution and fil li:tg"fthis waiver, ir:L"ccordilrlce ,.' ~h the requirements of the Act of Assembly of the. C..,mmonwei' of p-eunsyl vania. IN ~nTNESS WHEREOF. the parties have signed this waive:,: this cf?!fIIt ~ay of ~ay, 2000. Witnesses: CONTRACTOR ~11,~ ~~,,~~ Vern L. Wadel, t/d/b/a Wadel's Excavating OWNER SHIPPENSBURG VILLAGE, :TD. BY: Gt{~~'r:!~'. __ ~~_ IOJII'" ~,~-r.,.".,. _A--':.:"":~ -- MAY-20-00 SAT 9:10 MORGAN, HALLGREN, & KANE FAX NO. 7172996170 P.07 EXHIBIT "A" TRACT NO. I: ALL THOSE CERTAIN parcels ofland situate in the Township of Southampton, County of Cumberland, a'1d Commol1wealth of Pennsylvania, bounded and described as tollows' PUlJ'art No, I: On the SOllthhy_1h~lliladelphia and Reading R~iJruad Br"'l1ch known as the Philadelphi.a-Harrisburg and Pittsburgh Division; on the West by lands now or formerly of David Anderson and other lands now or formerly of Matthew Kling; on the North by other lands "'JW or formerly of the aforesaid Matthew Kling; on the East by a public road and lands now Or ll.'rmerly of Frizzie Koser, \ " I CONTAINING thirty-two (32) acres, more or less. Purnart No. 2:BEGn<NINQ on thc northeasterlyright-of-way lineofthe Philadelphia, Harrisburg, and Pittsburgh Branch, fOlmerly of Reading Company, now Consolidated Rail Corporation (Conrail), at an angle point near Station 2078+15, more or less, and distant forty two (42) feet measured northeastwardly and at right angles from the centerline of the \' : tbound Main Track, as it was located on November 7, 1975; thence extending northwestwlt.',.ly seven hUljdred fifty (750) feet, more or less, to another angle point distant thirty-seven (37) feet, Illore or less, measured northerly and radially from the centerline of the Westbound Main Track; thence " extending northwardly ninety-'ouI (94) feet, more or less, to an angle point distant one hundred thilty-one (131) feet, more or less, measured northwestwardly and radially fi'om the centerliue of the WestboUlld Main Track; thence eastwardly five hundred twenty (52Q) feet, more or less, to a point; thence southwardly twenty (20) feet, more or less, to a point; thence eastwardly two hundred twelve (212) feet, more or less, to a point; thence northeastwardly sixty (6n') feet, more or Jess, to a point; thence southwestwardly two hundred forty-six (246) feet, mo" or less, to the place of BEGINNING, CONTAINING four and one tenth (4J) acres, more Or less. TRACT NO.2: ALL THAT CERTAIN tract ofland situate in the Township ofSoutharo.pton, County of Cumberland, and Commonwealth of PerulSylvania, being known as Lot 5 as shown on a Final Subdivision Plan prepared for John J, Landis by Eric L. Difft'I1baugh, Professional LBnd Surveyor, December 18, 1997, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 77, Page 16, and being more fully bounded and dcscribed as follows: BEGINNING at a point in the centerHne ofTov>I11ship Route T-380, also being known es Airport Road, said point located at the northeast corner of lands I ow or formerly of Frances E. Page 1 of 2 .~-"..---::-- - . --:-~- .... Mri'i-?O-OO SAT q: 11 MORGAN, HALLGREN, & KANE FAX NO. 7172996170 p, 08 EXHIBIT "A" Kat-per; Ihence along lands now or formerly of Frances E. Karper, South forty-nine (49) degrees twenty-eight (28) minutes zero (00) seconds West, one thousand seven hundred nine and forty hundredths (1,709 AO) feet to a point; thence continuing along lands now or formedy of Franccs E. Kan>er, South fifty (50) degrees one (01) minute fifty-six (56) seconds \Vest (erroneously stated in Deed as South fifty [50] degrees one [OIJ minute fifty. six [56J seconds), four hundred forty and eighty-one hundredths (440.81) feet to a polnt located at the corner of lands now or fonnedy of Frances E. Kan>er and lands now or formedy of the Fmnk E. Hollar. Jr., Estate; thence along lands now or formerly of !lie Prank E, Hollar, Jr., Estate, North thirty-five (35) d';'grees thirty-one (31) minutes thirty-five (35) seconds West, two hundred twenty-eight and eighty-nine hundredths (228.89) feet to a set iron pin located on the boundary oflallds no" Or fonnedy ofthe Frank E. Hollar, Jr" Estate and the corner ofIands now OJ' formedy of John J. Landis and Gladys Landis; thence along lands now 01' formerly of John J. Landis, N'l'1h forty. nine (49) degrees twenty-eight (28) minutes zero (00) seconds East, two thousand eighty. four and thirty-one hundredths (2,084.31) feet to a set rallJoad spike located in the centerline ofT- 380, .!lso known n Airport Road; thence along the centerline, South fitly-one (51) degr,.,f;' two (42) minutes thirty-two (32) seeonds}'ast, two hundred thil1y-six and eighty-si" hlmdre, (2 .Ii,86) feet., a point the place ofBEGl:NNING. ~.- ):--l -lING eleven and two thousand seven hundred thitiy-one ten tl' . ,..I<1t" . . I 273 . acr~ ~1ore Or less. ~:IN(' ~ ME SAME PREMISES which J01m R. Burkentine and Patricia A, BurKe"!llle. "ane' "nd , by Deed dated March 31, 2000, and recorded April 28, 2000, .it: the Rtcorder of Ieee Off ,in and forCrunherland County, Pennsylvania, in Record Book 21 ~'. Pagc 1135, gL.ted _.)d "",rveyed unto Shippensburg Village, Ltd., a Pt"nnsylvania Cnrporation, ,rs successors and assigns, Page 2 of 2 "G~"l;Ir.\i!8~I~_i!"~"""".'~. ,. ,~JL .' Ijf.'"=....uW~~ItMi~_'- ' ~.~wlill~ -"" ~ ~ ~ tt:. ~ , 0 () (") C) G_~ ..0 C C::J ~ ~ ;:;.:~ , ~, ~ uu:: m ~ fTi~--;-. 7~'-:-- IV ,.. 2~:\ ,. ;-...) Ii' co -"~~ r,.) VJ -.'" -,- 0 c) r::C ~.' " ~ f'1 ~~ :':'L '--I C :~) ~i C :::::J ;:;- "",:~, .r:- =< :t:> f It "" ~ P-- C t ?' -;.. ~"-ll ! II !