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Home My WebLink About07-450107 - ~ s'a~ ~'Y1 ~~ `T~ Revision Uate 09125/U6 STIPULATION AGAINST LIENS ) Owner, ) IN THE COURT 01= Shippensbux'g Development, LLC ) Cumberland ___ COUNTY, vs ) PENNSYLVANIA _. nc ) Contrac or. ) PROJEC7NAME: Lowe's of Shippensburg, PA PROJECT ADDRESS:Conesto4a Drive & Progress Drive Shippensburg TownshiA,~ PA (legal description attached as Exhibit A) The undersigned Contractor,McWhorter & Company, Inc., furnishing services, labor or materials, a Delaware __ corporation (the "Contractor"), intending to be legally bound, and in consideration of the sum of One and 00/100 ($1.00) DoNar to it in hand paid by Shippensburg Development, LLC (the "Owner"), and other good and valuable consideration, the adequacy and sufficiency of which 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 shell be filed or maintained by it, there or any of them, against the real estate described in Exhibit "A", attached hereto and made a part hereof by reference, 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 July 24, 2007 , 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 on behalf, through or under ii, hereby waives and relinquishes alt right to file a mechanic's lien, claim or notice of intention to fife any lien or claim against the rea! estate, attached as t=xhibit "A". 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 coup of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for il, 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 amendmenE to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this Page 25 of 35 Revision Date 09r15rUe waiver and for such act or acts this waiver shall be good and sufficient warranty and authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim alt rights and all rr~anner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in his 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 Es[ate 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 Reai Estate. This Stipulation is made and intended to be filed with the Cumberlanc~ounty Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 7965 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned have executed this Stipulation Against Liens as of tf~e day of July _, 2007. ATTEST. l Gii/ ESS: CONTRACTOR: McWhorter & Com an Inc. • By: Print Name: Its: OWNER: ghj,ppensburg }aevelopment,LLC • < ay: Print Name: . E~~'- ~'^~~ Its: VP ~' Scas~ Page 26 of 35 ~'~ y ~ . ~~ ... - bin„ ~ , ~, k~, d LEGAL DESCRIPTIONS FOR PREMISES "A" AND "B" ALL of the following two tracts of land situated in Shippensburg Township, Cumberland County, Pennsylvania pursuant to a survey by Eric L. Diffenbaugh, PLS dated December 8, 2006. PREMISES "A" BEGINNING at a set iron pin on the southern right-of-way line of Progress Boulevard, thence along the southem right-of-way line of Progress Boulevard North 44 degrees 53 minutes 42 seconds East 876.73 feet to an existing iron pin, thence along lands now or formerly of Wadel Masons by a curve to the right with a radius of 35.00 feet, an arc length of 54.99 feet, a delta angle of 90 degrees 01 minutes 29 seconds, a chord bearing of North 89 degrees 50 minutes 27 seconds East and a chord length of 49.51 feet to an existing iron pin, thence along the same South 45 degrees 07 minutes 44 seconds East 227.91 feet to an existing 14" Locust Tree, thence along the same by a curve to the left with a radius of 75.00 feet, an arc length of 49.58 feet, a delta angle of 37 degrees 52 minutes 36 seconds, a chord bearing of South 63 degrees 55 minutes 19 seconds East, and a chord length of 48.23 feet to an existing iron pin, thence along the same South 82 degrees 49 minutes 30 seconds East 59.60 feet to an existing iron pin, thence along the same by a curve to the right with an radius of 25.00 feet, an arc length of 17.18 feet, a delta angle of 39 degrees 19 minutes 48 seconds, a chord bearing of South 63 degrees 35 minutes 55 seconds East, and a chord length of 16.83 feet to an existing iron pin, thence along the same South 43 degrees 38 minutes 58 seconds East 112.87 feet to an existing iron pin, thence along lands now or formerly of Frank C. Nye (Premises "B") South 46 degrees 17 minutes 48 seconds West 549.91 feet to an existing iron pin, thence along the same South 43 degrees 49 minutes 15 seconds East 503.39 feet to an existing post, thence along lands now or formerly of Perini Services, Inc. and Perini Services Inc./Southampton South 48 degrees 31 minutes 19 seconds West 441.06 feet to an existing iron pin, thence along lands now or formerly of Shippensburg Properties LP and the eastern right-of-way line of Conestoga Drive North 45 degrees 04 minutes 19 seconds West 926.77 feet to a set iron pin, thence along the same by a curve to the right with a radius of 35.00 feet, an arc length of 54.98 feet, a delta angle of 90 degrees 00 minutes 00 seconds, a chord bearing of North 00 degrees 04 minutes 08 seconds West, and a chord length of 49.50 feet to a set iron pin the POINT OF BEGINNING. Containing 15.5965 Acres PREMISES "B" BEGINNING at an existing post at lands of the Hogan Shrine Group, LLC (Premises "A"), thence along lands now or formerly of the Hogan Shrine Group, LLC {Premises "A") North 43 degrees 49 minutes 15 seconds West 503.39 feet to an existing iron pin, thence along the same North 46 degrees 17 minutes 48 seconds East 549.91 feet to an existing iron pin, thence along lands now or formerly of Wadel Masons North 47 degrees 19 minutes 31 seconds East 49.14 feet to an existing post, thence along lands now or formerly of Timothy M. Nye South 43 degrees 37 minutes 46 seconds East 499.93 feet to a set iron pin, thence along the same South 33 degrees 51 minutes 59 seconds East 277.17 feet to an existing iron pin, thence along land now or formerly of Jeffrey A. Lundeen, The Hope Reformed Presbyterian, and Perini Services Inc. South 74 degrees 45 minutes 23 seconds West 378.50 feet to a set iron pin, thence along lands now or formerly of Perini Services Inc. South 88 degrees 49 minutes 59 seconds West 235.21 feet to an existing post the POINT OF BEGINNING. Containing 8.6605 acres O ~r Q o v ~o N ~ ~~. v ~~ ~ i'-~ C'°'. ~;.~ C ~ t'f7 ;~. U3 ::_: . W ' ~ ~-~ r ~. _, ~ f-~ -r1 (,`~ C = ~ tf!