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HomeMy WebLinkAbout04-3489STIPULATIONS AGAINST LIENS JOHN M. DISANTO and MARK X. DISANTO Owner/Borrower V. TRIPLE CROWN CORPORATION, INC. Contractor IN THE COURT OF COMMON PLEAS CUMBERIaMND COUNTY, PA. NO. 0 ¥- 3 ~/P ~' M.L.D.Z. 2004 (h~[Y ~c i D1 ant WHEREAS, by Agreemeut dated this ~ dayof'×/),[[~ ,2004, MarkX. 'S and John M. DiSanto, ("Owner/Borrower") contracted ~vithJ Triple Crown Corporation, Inc., Pennsylvania Corporation with principal place of businesg at 5351 Jaycee Avenue, Harrisburg, P~ eel 7112, ("Contractor"), for work and services relating to the construction and construction supervision project upon Lots 2, 4, 5, 6, 7 ~ as described in Exhibit "A", The Final Subdivision Plan 02-7D olden Triangle dated May 20, 1002, and recorded on June 29, 2004, in the Office of the Recorder ds in and for Dauphin County in Plan Book 89 page 47, and attached hereto and made a part hereo~ and WHEREAS, the project is to consist of the construction of the Golden Triangle Industrial Park, Silver Spring Township, Cumberland County, Pennsylvania. WHEREAS, Lender has agreed to lend and advance certain funds to Owner/Borrower to financ such construction in consideration of, among other things, the execution of this Waiver. NOW THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, docs hereby, fo Contractor and for any and all contractor, materialmen, employees and parties acting or claiming fol through or under Contractor, covenant and agree with Owner/Borrower and their Lender that n mechanics' liens or claims shall be filed or maintained against the above-described real estate, or th building or improvements to be erected thereon, for or on account of any work done or material furnished under said agreement or under any supplemental contract, verbal or written, or contract fc extra work in or about the erections, construction and completion of said project, or otherwise; an Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting c claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file c maintain any mechanics' liens or claims against said real estate or building or improvements. This agreement waiving the right of lien shall be an independent covenant and shall operate an be effective as well with respect to work done and materials furnished under any supplemental contrm for extra work in the erection, construction, supervision and completion of the said project as to an work and labor done and materials furnished under said agreement. In order to give Owner/Borrower and their Lender full power and authority to protect the sai real estate and buildings against any and all mechanics' liens or claims, filed by Contractor anyone actin or claiming for, through or under Contractor or in violation of this agreement Contractor, for itself an all such aforesaid contractors, materialmen, employees and parties acting or claiming for, through under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Commc Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estat warrant such action; and Contractor, for itself and all such parties~ does hereby remise, release and quitclaim unto Owner/Borrower and their Lender, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Fleas of Cumberland County, Pennsylvania~ or other proper place in which the above described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner/Borrowers Lender, mortgages of said premises, its successor or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of this agreement and waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, Contractor has hereunto signed and sealed this day o , 2004. WITNESS: OWNER/BORROWER: jc~N M. D[S~'TO WITNESS: 2 CONTRACTOR: TRIPLE CROWN CORPORATION 1NC. BY: ~4~'~ MARK X. DISANT~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy L. RabJn, Notary Public Lower Paxton Twp., Dauphin County My Comrr,ssion Expires Oct 2, 200?' COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN On this, the .. t~[ day of]bClU[ ~2004 before me, a notary pubhc, the undersigned personally 9~pfeare~l John M. DiSanto and Mark X. DiSanto, known to me (or satisfactorily proven'j to l~e the persons whose names are subscribed to the attached instrument, and acknowledged that they executed the same for the purpose therein contained. ~ ~ NAi Public EXHIBIT "A" TRACT 2 ALL THAT CERTAIN tract of land located in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right of way line of Louis Parkway, said point being located at the southwestern corner of lands now or formerly of Pennsylvania Power and Light as acquired in Deed Book 22-0, Page 359; thence along lands now or formerly of Pennsylvania Power and Light South 18 degrees 39 minutes 45 seconds East 328.91 feet to a point; thence continuing along lands now or formerly of Pennsylvania Power and Light South 10 degrees 55 minutes 45 seconds East 146.67 feet to an iron pipe on the northern right-of-way line of U.S. Route 11 (LR 34); thence along said right-of-way line by a curve to the left, said curve having a radius of 11,529.91 feet and an arc distance of 22.42 feet to an iron pipe; thence along the same North 87 degrees 44 minutes 47 seconds West 1,375.58 feet to an iron pipe; thence along the same by a curve to the right, said curve having a radius of 5,659.65 feet and an arc distance of 94.44 feet to an iron pipe at lands now or formerly of Donald Failor; thence along said lands North 01 degree 48 minutes 15 seconds West 222.42 feet to an iron pipe; thence along the same North 8 degrees 04 minutes 45 seconds West 109.84 feet to an iron pipe; thence along the same North 74 degrees 46 minutes 45 seconds West 222.42 feet to an iron pipe; thence along the same South 7 degrees 32 minutes 15 seconds West 170.98 feet to an iron pipe; thence along the same South 26 degrees 12 minutes 15 seconds West 210.97 feet to an iron pipe on the northern right- of-way line of U.S. Route 11 (LR 34); thence along said right-of-way line North 83 degrees 30 minutes 30 seconds West 592.83 feet to an iron pipe at lands now or formerly of Creeden Sunday; thence North 10 degrees 43 minutes 30 seconds East 292.17 feet to an iron pipe; thence along lands now or formerly of Kirk Sunday North 15 degrees 27 minutes 00 seconds East 160.59 feet to a point; thence along Lot #1 of the hereinafter mentioned Plan the following courses and distances; (1) thence South 83 degrees 30 minutes 30 seconds East 778.19 feet to a point; (2) thence South 87 degrees 44 minutes 47 seconds East 660.65 feet to a point; (3) thence North 2 degrees 15 minutes 13 seconds East 5.00 feet to a point; (4) thence South 87 degrees 44 minutes 47 seconds East 50.00 feet to a point; (5) thence South 2 degrees 15 minutes 13 seconds West 5.00 feet to a point; (6) thence South 87 degrees 44 minutes 47 seconds East 719.93 feet to the point and place of BEGINNING. BEING ALL OF LOTS NOS. 2,4,5,6 and 7 on the certain Final Subdivision Plan 92-7D of Golden Triangle recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89 at Page 47. Included in the above described tract is a portion of Louis Parkway as shown on said Plan. BEING PART OF PARCEL A OF THE SAME PREMISES which Alex A. DiSanto and Dona L. DiSanto, his wife, by Deed dated December 29, 1994 and recorded January 18, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book117, Page 760 AND by Deed dated January 3, 1995 and recorded January 18, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 117, Page 768, granted and conveyed unto John DiSanto, Alex A. DiSanto, Jr., Julia Szabo and Mark DiSanto, Co-Trustees of the Irrevocable Agreement of Trust for the Issue of Alex A. DiSanto and Dona L. DiSanto (Trust Grantee) and Mark DiSanto and John DiSanto, individually (Individiual Grantees), the Trust Grantee and the Individual Grantees as tenants in common. ALSO BEING PART OF PARCEL A OF THE SAME PREMISES which John DiSanto, Alex A. DiSanto, Jr., Julia Szabo and Mark DiSanto, Co-Trustees of the Irrevocable Agreement of Trust for the Issue of Alex A. DiSanto and Dona L. DiSanto, by deed dated June 9, 2004, recorded June 16, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 2767, granted and conveyed unto Alex A. DiSanto, Jr., an adult individual. ALSO BEING PART OF PARCEL A OF THE SAME PREMISES which John DiSanto, Alex A. DiSanto, Jr,, Julia Szabo and Mark DiSanto, Co-Trustees of the Irrevocable Agreement of Trust for the Issue of Alex A. DiSanto and Dona L. DiSanto, by deed dated June 9, 2004, recorded June 16, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 2775, granted and conveyed unto Julia Szabo, an adult individual. ALSO BEING PART OF PARCEL A OF THE SAME PREMISES which Alex A. DiSanto, Jr., single man, by deed dated June 9, 2004, recorded June 16, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 2799, granted and conveyed unto Mark X. DiSanto and John M. DiSanto, adult individuals, as tenants in common. ALSO BEING PART OF PARCEL A OF THE SAME PREMISES which Julia Szabo, by deed dated June 9, 2004, recorded June 16, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 2803, granted and conveyed unto Mark X. DiSanto and John M. DiSanto, adult individuals, as tenants in common. ALSO BEING PART OF PARCEL A OF THE SAME PREMISES which John DiSanto, Alex A. DiSanto, Jr., Julia Szabo and Mark DiSanto, Co-Trustees of the Irrevocable Agreement of Trust for the Issue of Alex A, DiSanto and Dona L. DiSanto, by deed dated June 9, 2004, recorded June 16, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 2783, granted and conveyed unto John DiSanto also known as John M. DiSanto, an adult individual. ALSO BEING PART OF PARCEL A OF THE SAME PREMISES which John DiSanto, Alex A. DiSanto, Jr., Julia Szabo and Mark DJSanto, Co-Trustees of the Irrevocable Agreement of Trust for the Issue of Alex A. DiSanto and Dona L. DiSanto, by deed dated June 9, 2004, recorded June 16, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 263, Page 2791, granted and conveyed unto Mark DiSanto also known as Mark X. DiSanto, an adult individual.