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HomeMy WebLinkAbout98-04549 {j~ - 9S-L/9 fY/ L-b STIPULATION AGAINST LIENS ( The undersigned cOlllractor, materialman or other entity or person fumishing services. labor or materials. known as WASHINGTON AND DOWLING CONTRACTORS, INC., a Pennsylvania Corporation (thc "Contractor) intending to be legally bound, and in eonsidcration of the sum of ONE AND NOli 00 DOLLARS ($1.00) to it in hand paid by SUSQUEHANNA HOUSING OPPORTUNITIES CORPORA TION, a Pennsylvania non-profit Corporation (the "Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors,materialmen, laborers or anyone else acting through or undcr it, covenants and agrees that no mcehanics or materialmcn's licns or claims shall be filed or maintained by it, them or any of them, against the real estate dcscribcd in Exhibit "A", allachcd hereto and made a part hereof, or against any buildings or othcr improvements thcreon (jointly and severally,lIlc "Real Estate"), for or on account of any work to be done or matcrials fumishcd under the principal Contract betwcen the Owner and the Contractor. dated July 31, 1998, or under any supplemcntal contract, verbal or wrillen, or contract for e.xtra work or materials relating to and work to be done or material fumished undcr said principal contract. The undcrsigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waivcs and relinquishes all right to file a mechanic's 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 attomey of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appcar as allomey for it, them or any of them, in any such court and, in their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendmcnt 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, docs hereby remise. release and quit-claim all rights and manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. The Owner shall have the absolute right in its name 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 pennilled at law or in equity. The undersigned hereby aI'ers, represcnts and warrants that no work has commenced on the Real Estate and no labor or materials have been delivercd to the Real Estate or furnished for the improvement of the Real Estate by the undersigned Or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has given by the Onner 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 inaeeordanee Mechanic's Lien Law of 1963 of the Commonwealth of Pennsylvania. , IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the August, 1998. , WITNESS: By; [~ ~~ CAt2t. &/~-Gh~'f. &1A4r Jl.1;f Print Name and Title ?/ WASHINGTON AND DOWLING " n co 0 C ro 'TI ." ~ .:'~I 'Tl f ~; ,. ::IJ r" , c.-) " l'/r- .'.. .' I qp' m I, .')0 ::': ~ C'\ '"ll. i- (.-, :'1'-) - .'0 .- -(I r .:,~!f~j . "" , i:-? ") ITj ~:: ~:l ..~. :n :< :.q 00 -<.. \ EXHIBIT "A" 227 Lincoln Street: BEGINi'iL\'G at a point on the northerly line of Lincoln Street. said point being a distance of sixty (60) feet nine (09) inches. more or less, measured in an easterly direction along Lincoln Street from the northeasterly corner of Third Street and Lincoln Street; thence in a northerly direction along the line oflands now or fornlCrly of A. R. Rupley Estate, one hundred sixteen (116) feet four (04) inches to a point on the southerly line of Abolition Street; thence in a westerly direction by the same sixteen (16) feet. more or less to a point; thence in a southerly direction alone the line of lands now or fornlerlv of the Estate of Elizabeth Aenes Gleim. - . - deceased, and through the center of a frame partition wall one hundred eleven (III) Icet six (06) inches, more or less, to a point on the northerly line of Lincoln Street; thence in an easterly direction along Lincoln Street fifteen (15) feet one (01) inch, more or less. to a point. the place of BEGINNIi'iG, BEIi'iG part of Lots Nos. 22 and 23 on a Plan of Lots known as :vJanin's Addition to West Fairview, incorrectly stated in prior deed as Lots Nos. 23 and 24 and the western nine (09) inches, more or less, of Lot No. 22. 229 Lincoln Street: BEGINNING at a point on the northern line of Lincoln Street at the dividing line between properties No. 227 and No. 229, said point being 45 feet, more or less, measured eastwardly along the northern line of Lincoln Street from northeasterly comer of Third Street and Lincoln Street; thence in a northerly direction along said dividing line and through the center of the frame . partition wall of the dwelling houses erected on said propcrties ~o. 227 and :-.10. 229. 111 feet 6 inches, more or less, to the southern line of Abolition Street; thence in a westerly direction along the southern line of Abolition Street IS feet, more or less. to a point on the dividing line between properties No. 229 and No. 231; thence in a southerly direction along said dividing line and through the frame partition wall of the houses erected on said properties No. 229 and 231,106 feet 8 inches, more or less, to Lincoln Street; thence in an easterly direction along the northern line of Lincoln Street 15 feet, more or less, to the point or place ofBEGINi'iING. SAID lot having thereon erected a 2-112 story frame dwelling house No. 229 Lincoln Street. BEING the same prop1ltty conveyed to Redevelopment Authority of Cumberland County by deed from Betty J. Deimler (also known as Betty Jane Deimler) dated July 29,. 1998, and recorded in the Office of the Recorder of Deeds of the County of Cumberland. Pennsylvania, immediately prior hereto. "024563: ~ ~ ~ ~ ~ ~ ~\ ~ ~ ~ ') ~ ;- ~ ~ rn ~' ~ ~ .'-.- U! ~ ~<'- ~ f n .- ,n 0 ~ -n ~ ., Tl::n ~; .) r- , rn -, en .. C, --, -[", -" t'S r" i'::'lrn ---I ':.:'1 33 C;) ~< '", ., : , , I, . ,. i,~( , .' ( ,~' )\'\'1' f~~:'- . t,:' . , Ilo~:' ".. n.' , r?, \ . (. '1 '1" , , , i.".':::',\ Vi , , , h, ;o~t , ':\' "