HomeMy WebLinkAbout01-0887STIPULATION AGAINST LIENS
ALLEN DISTRIBUTION, L.P.
Owner
vs.
R. S. MOWERY & SONS, INC.
Contractor
In the court of Common Pleas
County of Cumberland, PA.
Number Term, 19
WHEREAS, Allen Distribution, L.P., 670 Allen ROad, Carlisle, Pennsylvan ia, is about to enter
into a contract with R. S. Mowery & Sons, Inc., of Carlisle, Pen nsylvania, for the construction
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. Hatfield,
and Mary Elizabeth Wenger Hatfield prepared by Fisher Mowery Rosendale and Associates,
dated November 15, 2000, and recorded in Cumberland 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 by 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 anysubcontractor, nor byany 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:
Tracey~tt, Assist. Co rp. secretary
R. S. MOWERY & SONS, INC.
~e'~, Exec. Vice Presiden
Exhibit "A"
LEGAL DESCRIPTION
LOT 2, WENGER/HATFIELD SUBDIVISION
SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY,
ALL that certain ~'act of land situa~ in South Middieton Township, Cumberlanc County,
Pennsylvania, being described as Lot 2 on the Final Minor Subdivision Plan for William
N, Wenger eL al,, prepared by Smphen O, Fisher, R,S,, dated November 15, 2000 md
revised Samlar), 16, 2001, and recorded in the Office of the Recorder of Dee& of
Cumberland County in Plan Book 82 Page 115, and more tully bounded and desb~dbed as
follows, to wit:
BEGINN-IbIG at a point on thc eastern legal right-of-way line of Allan Rosa (T-687)
within the legal right-of, way of Alexander Spring Road (%469); thence within said right-
of-way of Alexander Spring Road, North 40 degrees 09 minutes 23 seconds East 525.00
feet to a point; thence within same, North 56 dagreas 12 minutes f9 seconds East 492,92
feet to a point; thence along the dividing line between Lots 1 and 2 on the he~elnabovc
mentioned Subdivision Plan, South 33 degrees 44 minutes 18 seconds East 679,f2 feet to
a point; thence along same, South 42 degrees 43 minutes 50 seconds Fast 274.4[ £cet to a
point; thence along same, South 35 degrees 53 minutes 15 seconds Bast 602,96 feet to a
point; thence along same, South 47 degrees 16 minutes 10 seconds West 554.00 feet to a
point; thence along lands now or formerly of Llnwood B. Phillips, Sr. and Robe~ Ivl,
Fray, North 55 degrees 10 minu~s 07 seconds West 1508.81 feet to a point on tl~ eastern
lagal right-of-way line of Allen Road; thence along said legal right-of-way of Allen
Road, North 13 degrees 25 minutes 30 seco.ds West 94.25 feet to a point, the place of
BEGINNING.
CONTAINIBIG 28.34 acres exclusive of dedicated fight-of, way,
UNDER AND SUBJECT to cern proposed drainage and utility casements as shown
on the aforementioned Subdivision Plan.
AND, FURTI~ER SUB, IECT to a certain $har~i Access Easement as showlt on said
Subdivision Plan and as further memorialized in a certain Shared Access '~_asement
Agreement entered into by Onmtors and RSM Associates, L,P,, dated Sanuary 31, 2001.
BEING the same ~rac~ of land which William N, Wenger et al by deed dated Sanuary 30,
2001 and to be recorded In the office of the Recorder of Deeds of Cumberlanc. County,
granted and conveyed unto Allen Distribution, L,P,