HomeMy WebLinkAbout01-0887 FX
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STIPULATION ACAINST LIENS
ALLEN DISTRIBUTION. L.P.
Owner
In the court of Common Pleas
county of cumberland, PA.
vs.
Number
Term, 19
R. S. MOWERY & SONS. INC.
contractor
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WHEREAS, Allen Distribution, L.P., 670 Allen Road, Carlisle, pennsylvan ia, is about to enter
into a contract with R. S. Mowery & Sons, Inc., of Carlisle, pennsylvania, fortheconstruction
of a 477,000 s.f. warehouse located on Alexander Spring Road, south Middleton Township,
Cumberland county, pennsylvania, on Lot 2 of a Final Subdivision Plan (as described in
"Exhibit A" attached hereto) for William N. Wenger, Louise R.H. Wenger, John G. Hatfield,
and Mary Elizabeth wenger Hatfield prepared by Fisher Mowery Rosendale and Associates,
dated November 15,2000, and recorded in cumberland county Plan Book 82, page 115.
NOW, February 13,2001, at the time of and immediately before the execution of the
principal contract, and before any authority has been given by the said Allen Distribution,
L.P., to the said R. S. Mowery & sons, Inc., to commence work on the said buildings, or
purchase materials for the same in consideration of the making of the said contract with
R. S. Mowery & Sons, Inc., and the further consideration of One Dollar to R. S. Mowery &
Sons, Inc., paid by Allen Distribution, L.P., it is agreed that no lien shall be filed against the
buildings or property by the contractor, nor any subcontractor, nor by any of the material
men or workmen nor any other person for any labor, or materials purchased, or extra
labor or materials purchased for the completion of said buildings, the right to file such
liens being expressly waived.
WITNESS our hand and seals the day and year aforesaid.
Signed sealed and Delivered:
R. S. MOWERY & SONS, INC.
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Bruc . Ro ndale, Exec. Vice president
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Exhibit "A"
LEGAL DESCRIPTION
LOT %, WENGER/HATFIELI) SUBDIVISION
SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PA.
. ALL that certain tract ofland situate in South Middleton Township, Cumberlan County,
Pennsylvania, being described as Lot 2 on the Final Minor Subdivision Plan fo William
N. Wenger et. ai, ,prepared by Stephen O. Fisher, R.S., dated Novettlbet 15, 000 and
revised January 16, 2001. and recorded in the Office of the Recorder of eeds of
Cumberland County in Plan Book 82 Page 115, and more fully bounded and de 'bed as
follows, to wit:
BEGINNING at a point on the eastern legal right-of-way line of Allen Ro
within the legal right-of-way of Alexander Spring Road (T -469); thence within
of-way of Alexander Spring Road, North 40 degrees 09 minute$ 23 seconds E
feet to a point; thence within same, North 56 degrees 12 minutes 59 seconds E t 492.92
feet to a point; thence along the dividing line between Lots 1 and 2 on the elnabove
mentioned Subdivision Plan. South 33 degrees 44 minutes 18 seconds East 679. 2 feet to
a point; thence along same, South 42 degrees 43 minutes 50 seconds East 274.4 feet to a
point; thence along same, South 35 degrees 53 ml11utes 15 seconds East 602.9 feet to a
point; thence along same, South 47 degrees 16 minutes 10 seconds West 554.00 feet to a
point; thence along lands now or formerly of Linwood B. Phillips, Jr. and ben M.
Frey. North 5S degrees 10 minutes 07 seconds West 1508.81 feet to II point on eastern
legal right-of-way line of Allen Road; thence along said legal right-of-way -of Allen
Road, North 13 degrees 25 minutes 30 seconds West 94.25 feet to a point, th place of
BEGINNING,
CONTAINING 28.34 acres exclusive of dedicated right-of-way.
UNDER .AND SUBJECT to certain proposed drainage and utility easements
on the aforementioned Subdivillion Plan.
AND, FURTHER SUBJECT to a certain Shared Access Easement as sho on said
Subdivision plan and as f\lrther memorialized in a certain Shared Access ement
Agreement entered into by Grantors and RSM Associates, L.P., elated January 3 ,2001.
BEING the same tract ofland which William N. Wenger et al by deed dated J uary 30.
2001 and to be recorded in the office of the Recorder of Deeds of Cumberlan County.
granted and conveyed unto Allen Distribution. L.P.
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