HomeMy WebLinkAbout03-0821M.J. COMMUNITY CENTER, L.L.C. · Owner-Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Vo
Name of Contractor:
WESTRA CONSTRUCTION, INC.
· Contractor-Defendant
· MECHANIC'S LIEN
· NO. c,,y3.~/ /Cf
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as Westra Construction, Inc. (the "Contractor") intending to be legally
bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand
paid by M.J. Community Center, L.L.C. ("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 filed 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 building 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_ 18, 2003, 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 relinquishes 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, its subcontractors, materialmen, laborers and anyone else
acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court
of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as
attorney for it, them or any of them, in any such court and, in its or their name or names, mark
satisfied or record at the cost and expense of the undersigned, any and all claims, liens, any
pleading or instrument, or any amendment to any pleading or instrument previously filed by it or
them, to incorporate therein as part of the record this waiver and for such act or acts this waiver
shall be good and sufficient warrant and authority, and the undersigned for itself, and for them,
does hereby remise, release and quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in their name(s) or in the name of the undersigned or
any other entity or person who shall have filed a claim or lien, to cause any and all such claims
or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in
equity.
The undersigned hereby avers, represents and warrants that no work has commenced on
the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for
the improvements of the Real Estate by the undersigned or by any subcontractor, materialman,
laborer, or other person or entity, and that no authorization has yet been given by the Owner to
the undersigned to commence work or purchase materials in connection with the Real Estate.
This stipulation is made and intended to be filed with the Cumberland County
Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the
Commonwealth of Pennsylvania.
WITNESS:
IN WITNESS ~_H. EREOF2_the undersigned has caused this
instrument
to
be
duly
executed as of the oDX- day of ~t¢.__~, 2003.
CONTRACTOR:
Westra Construction, Inc.
By /~{d~r~- ~~L~ ~,,.
Name: Denita J. S'cl~eier
Title: Branch Controller, Eastern Region
SCHEDULE "A" '.
LEGAL DESCRIPTION
OVERALL PERIMETER
CARLISLE M. J. MALL
ALL THAT CERTA.IN tract or parcel ofland situate in thc Borough of Carlisle,-
County of Cumberland, Comnmnwcalth of Perm.sylvania moro p',irticul~urly bounded and
described az l~ollowi to wit;
BEGINNING at a point at the intersection oft.he south side of Noble Boulevard
(60' fight-of-way) and the western linc of South Hanover Street (30' from centerline);
thence by said western line of South Hanover Street .South 10° 40' 00" West a dis~tnc¢ of
63. ! 5' feet to a point at the "extent ut' ILmited &ccesl"; thence by said "limited
line North 79° 20' 00" West a distance of 32.00' feet to & po-lnt; thence by tho samo South
10° 40~ 00" We~ a distance of 276.10' feet to & Folnt; thence by same along Ramp 'T'
North 79° 20' 00" W~st a distance of 16.00' feet to a point; thence by sam~: in a southerly
direction by · cuote, corvinl~ to the right havin8 ~ radius of 120.00' feet an gtc length of
162.66' .feet and chord of South 49° 30' 00" Wos~ a distaJ~e of 150.49' feet to a point;
thence by tho samo South 88° 20' 00" We.st a d/s~ance of 164.47' feet to a point; thence
by tho same by a curve, cuz~ing to ~he left having a radius of 304.50' ti~at an arc length of
171.13' feet and chord of South 72° 14' 00" West a distance Of 165.88' feet to a point;
thence by the s~me South 56~ 08' 00" We~-t a distance of611.55' feet to a point;
by the same by a curve, curving to the right having a radius of 460.00' t~:et an ~r~ length
of 283.67' feet and ~hord o1: 8curb 73° 48' 00" West ~ dist~nco of 279.20' feet to · point;
thence by the same South 01° 28' 00" We, s1 ~ disv, ance of 16.00' t'oct to a point on the
northern fight-of-way lhle of ~nterstato 81: thence by the northern fight, of-way line of
Interstate Itl (180' rifht-of-way) North g8° 32' 00" We~t a distance of 722.37' feet to
point on tho eazt~ linc of Ridge Street; thence by thz e~z~em line of'~Adgo Street North
01° 28' 00' E~st ~ distance of 270.72' feet ~o & I~.int; thence by the same by a curve,
.curving to tho. fight having & radius of 607.27' feet ~m arc. length of 2:25.05' fec-t
chord of North 12~ 05' 00" E~t · distance of 223.76' feet w a point; thenoe by the same
North 22° 42' 00" East ~t distance of 279.69' foot to &'polar; thence by th,~ same by a
curv. e~ curvin8 to the left having a radius of 860.00~ feet an are Ino~,,th of 177.37' feet and
chord of North 16° 47' 30" E~$t & distimco of 177.05' f.ee~ to a point; thence by the same
North 10° 53' 00" En~ a dlstanco of 322.98' feet to & point being the intersection point of
th~ ea~ern line of Ridge Street and the southern line of Noble Boulevard; thenc:o by tho
soufliern linc of Nobl~ Boulevard South 79° 07' 00" E~t ,~ distance of 330.02' feet to
poi~it; thence by .the s~me South 79° ! 1' 00' East a distanc~ of 1,476.39' feet to a point,
said point being the pinch of BEGINN~V(~.
Said tract costa/sins 1,671,145.57 S,F. = 38,3643 Acres