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Home My WebLink About03-5040Owner: GIANT FOOD STORES LLC Name of Contractor: LIBERTY EXCAVATORS. INC. :Contractor-Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND (county), PENNSYLVANIA MECHANIC'S LIEN STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as LIBERTY EXCAVATORS, 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 GIANT FOOD STORES LLC ("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 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 September 22 ,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 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 ail manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. DJT880StipsForm Parking~ot Expansion 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 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. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the 22nd day of September ,2003. WITNESS: CONTRACTOR: LIBERTY EXCAVATORS, INC. By ~ *':.Name: Lest:er L. Title: Vice Pres/_dent DJT880StipsForm ParkingLotExpansion SCHEDULE A (Attach Legal Description) Attachment "A" DJT880StipsForm Pa~kingLotExpansion LEGAL DESCRIPTION GIANT CORPORATE OFFICE PROPERTY 1149 HARRISBURG PIKE CARLISLE, PA 17013 MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY JMB PROJECT #604-B ATTACHMENT A BEGINNING AT A POINT, said point being located on the southern right-of-way tine of Harrisburg Pike (S.R. 0011) and also being the northeastern property corner of lands now or formerly of Tony E. Neidigh; thence along said right-of-way line the following courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. 10, 11, 12. 13. 14. 15. 16. 17. North 54 degrees 24 minutes 30 seconds East a distance of 252.12 feet to a point; Thence South 35 degrees 35 minutes 30 seconds East a distance of 5.00 feet to a point; Thence North 54 degrees 24 minutes 30 seconds East a distance of 150,00 feet to a point; Thence North 35 degrees 35 minutes 30 seconds West a distance of 5.00 feet to a point; Thence North 54 degrees 24 minutes 30 seconds East a distance of 200.00 feet to a point; Thence South 35 degrees 35 minutes 30 seconds East a distance of 5.00 feet to a point; Thence North 54 degrees 24 minutes 30 seconds East a distance of 350.00 feet to a point; Thence South 35 degrees 35 minutes 30 seconds East a distance of 5.00 feet to a point; Thence Thence Thence Thence Thence Thence Thence Thence Thence North 54 degrees 24 minutes 30 seconds East a distance of 100.00 feet to a point; South 35 degrees 35 minutes 30 seconds East a distance of 5.00 feet to a point; North 54 degrees 24 minutes 30 seconds East a distance of 15.00 feet to a point; North 35 degrees 35 minutes 30 seconds West a distance of 5.00 feet to a point; North 54 degrees 24 minutes 30 seconds East a distance of 150.00 feet to a point; North 35 degrees 35 minutes 30 seconds West a distance of 5.00 feet to a point; North 54 degrees 24 minutes 30 seconds East a distance of 150.00 feet to a point; North 35 degrees 35 minutes 30 seconds West a distance of 7,00 feet to a point; North 54 degrees 24 minutes 30 seconds East a distance of 133,46 feet to a point; LEGAL DESCRIPTION GIANT CORPORATE OFFICE PROPERTY 1149 HARRISBURG PIKE CARLISLE, PA 17013 MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY JMB PROJECT #604-B Page 2 of 2 said point also being the northwestern property corner of lands now or formerly of Hoss's Restaurant Operations, Inc.; thence along said lands South 35 degrees 35 minutes 30 seconds East a distance of 397.00 feet to a point; thence North 54 degrees 24 minutes 30 seconds East a distance of 261.34 feet to a point; said point being located on the western right-of-way fine of Shady Lane (T.510); thence along said right-of-way line South 32 degrees 18 minutes 00 seconds East a distance of 316.78 feet to a point, said point being the northwestern property corner of lands now or formerly of R.J. Schultz Enterprises, Inc.; thence along said lands South 52 degrees 57 minutes 00 seconds West a distance of 294.91 feet to a point; thence South 26 degrees 26 minutes 00 seconds East a distance of 421.31 feet to a point, said point located on the northern property line of lands now or formerly of Robert C. Jr. and Gayle A. Foltz and Douglas S. and Lisa F. Beattie; thence along said lands and also along lands now or formerly of Glenn A. and Jean W. Stambaugh South 60 degrees 51 minutes 30 seconds West a distance of 1,129.98 feet to a point, said point being located on the western property line of lands now or formedy of Tony E. Neidigh; thence along said lands the following courses and distances: 1. North 05 degrees 41 minutes 00 seconds West a distance of 495.12 feet to a point; 2. Thence South 55 degrees 31 minutes 43 seconds West a distance of 710.59 feet to a point; 3. Thence North 35 degrees 38 minutes 05 seconds West a distance of 562.91 feet to a point; said point being the POINT OF BEGINNING. The above described tract contains 1,532,106.11 square feet (35.172 acres).