HomeMy WebLinkAbout01-0886STIPULATION AGAINST LIENS
R. S. MOWERY & SONS, INC.
ALLEN DISTRIBUTION, L.P.
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In the court of common Pleas
County of Cumberland, PA.
Number Term, 19
WHEREAS, Allen Distribution, L.P., 670 Allen Road, Carlisle, Pennsylvania, is aboutto enter
into a contract with R. S. Mowery & Sons, Inc., of Carlisle, Pennsylvania, for theconstruction
of a 477,000 s.f. warehouse located on Alexander Spring Road, South Middleton Township,
Cumberland County, Pennsylvania, on Lot 2 of a Final Subdivision Plan (as described in
"Exhibit A" attached hereto) for William N. Wenger, Louise R.H. Wenger, John G. Ha~ield,
and Mary Elizabeth wenger Hatfield prepared bV Fisher Mowery Rosendale and Associates,
dated November 15, 2000, and recorded in CumPerland County Plan BOOk 82, Page 115.
NOW, February 13, 2001, at the time of and immediately before the execution of the
principal contract, and before any authority has been given bV the said Allen Distribution,
L.P., to the said R. S. Mowery & sons, Inc., to commence work on the said buildings, or
purchase materials for the same in consideration of the making of the said contract with
R. S. Mowery & Sons, 'Inc., and the further consideration of One Dollar to R. S. MOWery &
Sons, Inc., paid by Allen Distribution, L.P., it is agreed that no lien shall be filed against the
buildings or property by the contractor, nor any subcontractor, nor by any of the material
men or workmen nor any other person for any labor, or materials purchased, or extra
labor or materials purchased for the completion of said buildings, the right to file such
liens being expressly waived.
WITNESS our hand and seals the day and year aforesaid.
Signed Sealed and Delivered:
V~, ASSiSt. corp. Secretary
R. S. MOWERY & SONS, INC.
President
Exhibit "A"
LEGAL DESCRIPTIOn
LOT 2, W]~NGER/I-[ATFIELD SUBDIVISION
SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, FA,
ALL that certain tract of land situat~ in South Middleton Township, Cumberla~! County,
Pennsylvania, being described as Lot 2 on the Final Minor Subdivision Plan fos William
N, Wenger et, al,, prepared by Stephen O, Fisher, R,S,, dated November 15, 1000 and
revised Sunuary 16, 2001, and recorded in the Office of the Recorder of Deeds of
Cumberland County in Plan Book S2 Pase 115, and more full), bounded and described as
follows, to wit:
BEGINNING at a point on the eastern lelpfl rift-of-way line of Allen Reac (T-~$7)
within the leal right-of, way of Alexander Spring Road (T-469); thence within s~ld ri/hr.
of-way of,alexander Spring Road, North 40 degrees 09 minutes 23 seconds l~ast ~28.00
feet to a point; thence within same, North 56 degrees 12 minutes ~9 seconds Bast 492,92
feet to a point; thence along the dividing line between Lots 1 and 2 on thc ~-dnabove
mentioned Subdivision Plan, South 33 degrees 44 minutes i8 seconds Bast 6?9,$2 feet to
a point; thence along same, South 42 degrees 43 minutes ~0 seconds East 274,4[ fcct to a
point; thence along same, South 35 degrees ~3 minutes 1~ seconds Bast 602,95 feet to a
point; thence along seine, South 47 degrees 16 minutes l0 seconds West $$4.00 feet to it
point; thence along lands now or formerly of Linwood B. Phillips, Jr. and P. ob~n M,
Frey, North ~ degrees 10 mlnute~ 07 seconds West 1508.81 feet to a point on tl'.~ eastern
leF. al risht-of-wa¥ line of Allen Road; thence alon8 said lesal right-of-way of Allen
Road, North 13 degrees 2f minutes 90 seconds West 94.25 feet to a point, the place of
BEGINNING,
CONTAINING 28.34 acres exclusive of dedicated ri/hr-of-way.
UNDER AND SUBJECT to certain proposed drainage and utility easements as shown
on the aforementioned Subdivision P!~
AND, FURTHER SUBJECT to a certain Shared Access I/asemcnt as shown on said
Subd/vision Plan and as/hrther memorialized in a ceflain Shared Access 2ascment
Al~ernent entered into by Grantors and RSM Associates, L,P,, dated January 31, 2001.
BEING thc same u'aci of land which William N, Wenger et al by deed dated Sa.~uary 30,
2001 and to b~ recorded in the office of the Recorder of Deeds of Cumberianc County.
granted and conveyed unto Allen Distribution, L.P,