HomeMy WebLinkAbout03-3709LOWE'S HOME CENTERS, 1NC.
POBOX 111
N. WILKESBORO, NC 28656
IN THE COURT OF COMMON PLEAS
CUMBERLAND (county), PA
: Owner-Plaintiff
Name of Contractor:
WESTRA CONSTRUCTION, INC.
4002 FENTON A%rE.
HARRISBURG, PA 17109
: Contractor-Defendant
MECHANIC'S LIEN
NO. 0"5'-' S'traq
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 LOWE'S HOME CENTERS, INC. ("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 '~Io,,~ 3i~;~-
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 insmunent, 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 fights 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.
IN WITNESS WHEREOF~the undersigned has caused this instrument to be
executed as of the ~ day of ~ ,2003. duly
WITNESS:
CONTRACTOR:
Westra Construction, Iny
Title: Region~ Manager
07,'31,'tl3 THU 10:28 FA,~ 717 243 3301
BREH~-LEB0 ENGINEER/NE
002
LOT 2
ALL that certain t~act of land situate in the Second Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, more
particularly bounded and described pursuant to the Final
Subdivision Plan for Carlisle Plaza Mall, Drepared by Brehm-Lebo
Engineering, Inc., recorded in Plan Book ~ , Page 6=rO at
the Office of the Recorder of Deeds, Cumberland County Courthouse,
Carlisle, Pennsylvania.
BEGINNING ag a set mag nail on the southern right of way line of
East High Street (S.R. 0641) at the northeast corner of Lot No. 1
as shown on the aforementioned Final Subdivision Plan; thence
along the southern right of way line of East High Street (S.R.
0641) South 78 degrees, 34 minutes, 50 seconds East, a distance of
170.02 feet to a set drill hole on the southern right of way line
of East High Street ($.R. 0641) at the northwest corner of Lot No.
3 as shown on the aforementioned Final Subdivision Plan; thence
along Lot No. 3 the following five (5) courses: (1) South 30
degrees, 05 minutes, 01 seconds West, a distance of 23.50 feet to
a set drill hole; (2) South 12 degrees, 31 minutes, 03 seconds
West, a distance of 79.77 feet to a set iron pin; (3) South 40
degrees, 59 minutes, 32 seconds East, a distance of 27.32 feet to
a set iron pin; (4) South 66 degrees, 22 minutes, 24 seconds East,
a distance of 26.79 feet to a set drill hole; {$) South 78
degrees, 22 minutes, 55 seconds East, a distance of 204.48 feet to
a set iron pin at the southeast corner of the aforementioned Lot
No. 3 and on the western line of the subdivision plan known as
Carlisle Manor, Block 'A" and recorded in Plan Book 3, Page 79,
~hence along the western line of the subdivision plan Carlisle
Manor, Block "A" Lot Nos. 1 through 19 and Block "G" Lot No. 1,
South 12 degrees, 31 minutes, 03 seconds West, a distance of
978.26 feet to an existing concrete monument on the northern rigkt
of way line of York Road ($.R. 0074); thence along the northern
right of way line of York Road (S.R. 0074) North 51 degrees, 47
minutes, 10 seconds West, a distance of 686.96 feet to a set mag
nail at the southeast corner of Lot No. 1; thence along the Lot
No. 1 the following six (6) courses: (t) North 38 degrees, 11
minutes, 09 seconds East, a distance of 379.48 feet to a set mag
nail; (2) North 19 degrees, 36 minutes, 04 seconds west, a
distance of 53.67 feet to a set mag nail; (3) North 51 degrees, 48
minu=es, 51 seconds West, a distance of 49.43 feet to a set mag
nail; (4) North 38 degrees, 11 minutes, 09 seconds East, a
distance of 383.24 feet, (5) North 63 degrees, 35 minutes, 27
seconds West, a distance of 54.91 feet to a set mag nail; (6)
North 11 degrees, 25 minutes, 32 seconds East, a distance of 30.01
feet to a set mag nail on the
(~7,'31,'[~3 THU 10:2~ FAI 717 2,13 3301
LOT 2 (Continued)
southern right of way line of East High Street (S.R. 0641),
POINT OF BEGINNING.
Said tract of land subject to all rights, rights-of-way,
easements of record.
Containing 10.325 acres and being shown as Let No, 2 on
aforementioned FINAL SUBDIVISION PLAN for Carlisle Plaza Mall.
the
and
the
3UL-31-2003 10:40 717 243 3301 95% P.03