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HomeMy WebLinkAbout01-03212 ':At ". . ~ ...;.- ~, "" " c "')"',,,01'... ",',. "k~~-~; Jk,'r -,.,',,', <' ".,,;'d"'r;..';"t ,j';,~,--,-> ~1;;':..A~3~;fr', '. , ,~,'..;H,.tL"., ,; ",d ,*, 1'- ... 01- J;;tl~ STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as R & L CONSTRUCTION COMPANY, a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration ofthe sum of ONE AND NOll 00 DOLLAR ($1.00) to it in hand paid by STONEHEDGE LANE ASSOCIATES, a Pennsylvania limited partnership ("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 Exhibit "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 May 21, 2001, 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 of 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 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 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 improvement 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. 7"~' , -' ,,' ~ , ",,'.-,' ,~ ~, -d"''',,,'fi; " IN WITNESS ~OF, the undersigned has caused this instrument to be duly executed as of the ;z,3 __ day of May, 2001. ANY -:"~.- ~ ~ ""='" ' '~O' "o'--'~ ~ - _ , 0..:.',- ". " . EXHIBIT "A" ALL THAT CERTAIN tract ofland situate in the Township of Upper Allen, County of Cumberland and Commonwealth ofPeunsylvania, more particularly bounded and described in accordance with a survey by Carroll Engineering Corporation, Consulting Engineers, dated November 20, 1974, as follows: BEGINNING at a point in the center of Allendale Road at the comer oflands now or formerly of Linden R. Gates, Jr., and Lois Jean Rector Gates; thence in and through said Allendale Road the following four (4) courses and distances: (1) South 24 degrees 06 minutes 37 seconds East, a distance of358.11 feet to a point; (2) South 22 degrees 34 minutes 27 seconds East, a distance of328.61 feet to a point; (3) South 22 degrees 45 minutes 02 seconds East, a distance of371.67 feet to a point; and (4) South 03 degrees 37 minutes 07 seconds West, a distance of 105.16 feet to a point in the same at lands now or formerly of Frederick J, Barclay; thence along said lands now or formerly of Frederick J. Barclay, South 55 degrees 19 minutes 06 seconds West, a distance of 1,830,02 feet to a point (post) at lands now or formerly of Christian B, Hess Estate; thence along said lands now or formerly of Christian B. Hess Estate, the following two (2) courses and distances: (1) North 14 degrees 23 minutes 52 seconds West, a distance of 1,400,61 feet to a point; and (2) North 07 degrees 06 minutes 56 seconds East, a distance of 888,23 feet to a point; thence along lands now or formerly of Margaret Strong Estate, North 77 degrees 54 minutes 17 seconds East, a distance of 886,83 feet to a point at lands now or formerly of Linden R. Gates, Jr., and Lois Jean Rector Gates; thence along said lands now or formerly of Linden R. Gates, Jr. and Lois Jean Rector Gates, the following two (2) courses and distances: (1) South 11 degrees 26 minutes 37 seconds East, a distance of377.10 feet to a point; and (2) North 80 degrees 33 minutes 52 seconds East, a distance of 397 feet to a point in the center of Allendale Road, the point and place of BEGINNING. CONTAINING 65.7 acres ofland. BEING the same premises which WESLEY AFFILIATED SERVICES, INC., by its deed dated May 23, 2001 and intended to be recorded in Office of the Cumberland County Recorder of Deeds, granted and conveyed unto STONEHEDGE LANE ASSOCIATES, a Peunsylvania limited partnership, for itself as to part; and as Straw Party for ALLENDALE ROAD ASSOCIATES, a Pennsylvania limited partnership, as to the remaining part. ~?Ht.",,,tli;;"-:;h.,,,~a"~f",,j',,,\h,)"'" .""""-,,-;,,;,j'<;,~:~,;]h,,",",,~,,a(6*i"#""'~,,,,,,,,;:,J,!liiF;;;'~,',i,~Jt,)""~~;.j""",,,';"~;-'''':''f-djO!Jli(j~li1!Ji~,illil-''''' .' ~~'""""";;;;W:&-"":~"~~ ~ l3> -- -- '/....> \) ~ I.U.1IIIJJmll . "."",. "","""'",,,.,~ ",",'r __, "'_""""""___"""",,,,,,",,,',",,,1"-" <~.~ ~'^" ~-, , ~ , . ~, -~ o n- ~ ~ "-.) \) -z , " 10 -~'" ---....u"' r~ i'~'~ ---:-; _..,-1 2~L~" o~ r:: d;: C~', ~; $~.~; ~:; -~ -< e:. <;j, ~ ~ ~ ~ ~ ;It- :p '" :::; S> ~ C) D ~~~ , 'to / '3: ""''-'1 _'TI ,- "'';''j ;~--' ,c- ~'. 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