HomeMy WebLinkAbout03-3537M.J. COMMUNITY CENTER, L.L.C.
: Owner-Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Name of Contractor:
WESTRA CONSTRUCTION, INC.
: Contractor-Defendant
NO.
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 July 23, 2003, or under any
supplemental contract, verbal or written, or contract for extra work or materials relating to and
work to be done or mater/al 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 o£Pennsylvania.
1N WITNESS WHEREOF, the undersigned has caused
executed as of the ;2q~x day of ~J~,~ ,2003.
WITNESS:
this instrument to be duly
CONTRACTOR:
Westra Construction, Inc.
Title: Branch Controller, Eastern Region
SCHEDULE "A"
LEGAL DESCRII~TiON
OVERALL PERIMETER
CARLISLE M. J~ MALL
ALL T~c/AT CERTAEN ~rac~ or parcel, ofland ~ituate in th~ Boroush of Carlisle,.
County of Cumberland, Commonwealth of Pennsy[~ania more p',~icul~rly bounded ~nd
described ~s follows to wit:
BEGI]N'N~G at ~ point at the interscctlon of.the south ~ide of Nobl~ Bo~ev~d
(~' ~Bht-of-way) nnd ~e western ilno of S~ ~ov~ Stre~ (30' ~om
~once by s~d w~ lin~ ofSou~ H~over S=e~ So~h 10° ~0' 00" We~t a ~=ee of
63.15' feet ~ a point nt the "e=ent ok' l~ed aao~s"; t~ by ~id ~imit~
line No~h 79° 20' 00" W~t a' disco of 32.00' ~e~ to ~ ~nt; ~ by ~ ~ South
10° 40~ ~" W~ a ~st~ of 276,10' f~ to ~ point; the~e by ~e ~ong R~mp
No~h 79° 20' 00' W~t · ~st~oe of 16.~' ~et ~ ~ ~t; ~en~ by ~e la · ~u~erly
directloa by · cu~ c~inB ~ ~e right h~vins a r~us o~ 120.00' fe~ ~ ~ len~h of
162.~' .fe~ ~d chg~ of South 49a 30' 00" W~ a d~ 0f 150,49~ feet to a
~e~ by ~e a~me 8o~h 88' 20' ~" W~ a ~ance of 1~.47' fe~ m a ~int; ~ce
by ~e s~e by a cu~e, cuing to the lee ht~n8 a r~iua of3~.50' fe~ ~ ~ lm~ of
17L13' fe~ ~d ebord of S~ 72° 14' 00" W~t a di~ 0f 168.88' ~ to a
three by &e ~e South 56' 08' 0~' W~ a &~ of 611.55' f~ to a poi~
by &e ~e by a eu~e, ~b~i~ to the ~ht havi~ a r~us of 4~.~' ~ ~ ~c le~h
of 283.67' feet ~ cho~ of Sou~ 73° 48' 00" We~ ~ dist~ of 279.20' fe~ m t ~int;
three by ~e s~e So~ 01~ 28' 00" W~ ~ ~ce of 16.00' t~et to a ~i~ on
no~h~ fighter-way I~e of fn~t~o '8 l: tlxen~ by ~e n~ fight, of-w~y line o~
lnt~e ~1 (180' ~f-way) No~h 88~ 32' 00" W~ ~ ~t~ce of 722.37' fe~ to
point on ~e ~ l~e of~dge S~; t~ce by ~e ~t~ line of~d~e Su~ N~h
O1° 28' 00" E~ ~ di~e of 270,72' feet :o a ~int; th~ee by ~e ~me by a ~e,
~u~in8 to ~c, ~8hi ~vins a radius of 607.27' fe~ ~ ~ !~ of ~5.05' fe~ ~d
chord of~o~h 12' 05' OFF' E~ a di~cc or~3,76' fe~ ~ ~ p&m; th~e by the ~e
No~h 22° 42' 00" ~st a dbt~ of 279.69' f~ to a'~int; ~e by the ~me by
c~e, ~8 to the tar ~ n tad~s of860,00~ f~ ~ ~ le~ of 177.37' fc~ ~d
oho~ of No~h 160 47' 3fi' ~st a di~e of 177.05' f~ m a ~i~; ~ by the
No~ 10~ 53' 00" E~ a d~ce of3~.98' f~ to a ~i~t berg ~e int~s~on poi~
t~ e~em l~e ot'~dge S~e~ ~d the ~u~ llne of Noble Boul~d; ~ence by
sou~x~ linc of Noble Boulev~d South 79' 07' 00" EMt a ~ of 330.02' fe~ m
poh1~ ~ence by the ~ So~ 79° 11' 0~~ ~ a &stance of ~,476,39' f~t to a
~td point be~8 the plsce
Said tract containing 1,671,.148.57 $.F. = 38.3~543 Acres