HomeMy WebLinkAbout01-2212~The WF Partnership, a Pennsylvania
limited partnership and~'he DANET
Group Ltd., a Pennsylv~.nia
limited partnership,.
Owners
Miller & Norford, Inc., a Pennsylvania
Corporation
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. OI-, LI L /qLO
STIPULATION AGAINST LIENS
WHEREAS, The WF Partnership, a Pennsylvania limited partnership with
offices at 282 Lowther Street, Suite 104, Lemoyne, Cumberland County,
Pennsylvania, the fee simple title owner and The DANET Group Ltd., a Pennsylvania
limited partnership with offices at 282 Lowther Street, Suite 104, Lemoyne,
Cumberland County, Pennsylvania, the equitable title owner, (collectively the
"Owners"), have executed or are about to execute contemporaneously herewith a
contract with Miller & Norford, Inc., a Pennsylvania corporation, with offices at 700
Ayers Avenue, Lemoyne, Cumberland County, Pennsylvania (the "Contractor"), for
construction of an approximate 16,400 square foot office/warehouse building with
improvements (the "Improvements") on property situate at the intersection of Trindle
Road and St. John's Church Road, to be known as St. John's Center, Hampden
Township, Cumberland County, Pennsylvania, more particularly described on Exhibit
A attached hereto, incorporated herein by reference and made a part hereof (the
"Premises").
NOW, April /~o , 2001, before any authority has been given by the
Owners to the Contractor to commence work on the Improvements, or to purchase
materials for the same, or to enter into any contracts with any subcontractors or
materialmen, or to authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with the Owners and the
further consideration of One ($1.00) Dollar, to Contractor paid by Owners, and with the
intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed
against the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or by any of the materialmen or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owners and Contractor have executed this
Stipulation Against Liens the day and year first above written.
WITNESS:
OWNER:
The WF Partnership, a Pennsylvania
limited partnership
By: , ,~,~"~, ..,/ General Partner
The DANET Group Ltd., a Pennsylvania
limited partnership
General Partner ~/ (j
(SEAL)
CONTRACTOR:
Miller & Norford, Inc., a Pennsylvania
corporation
By: (,~'~ F:J i¢,_, jo c..
(
v~) Pr,lsid~nt
F:~atw\DOCUMENTS\The WF Partnership Stipulation Against Liens,dOc
Sent 'Dy: WIX W~NGER WEZDNER:- 7172344224;
Npr- lB 01 01:3'7p 8LPHR Consul~;ing
04/16/01 2:33P~l;Jet~ex #663;Page 2/2
'7 1 7'71S:38600 p, 2
ST. ?OHN'S OFFICE CENTER
LEGAL DESCP~TION
ALL THAT CEKTAIN tract of land shown as the unnuml~r~t bt on Subdivision Plan f~r St.
Job. as Centt~r pmpar~l by Alpha Consulting Engineers, Inc. dotal April 20, 2000, last revi~d
October 30, 2000, recorded April 5, 2001 in Cum__~,lat~d County Plan Book 83, Page 12 as
situate in Hampden Towaship, Cumberlaafl Counly, Peansylvaoia; more particularly described
as follows, Io wit:
BEOEqNING at a poim on the easterly l~gal right of way line of St. Johra Church Road, S.I~
2029, (60 foot wide legal ri~ of way) at the dividing !in~. between laad~ descn~ herein and
lands now or fom~ly ofTio~e L. Hess (Deed Book G, Volume 34, Page 123); thence along
said divbli~g line North 67 degrees 16 minutes 24 seeonfls East, distance of 10.41 f~:~t m a poi~
on the easterly dedicated fight-of-way line for St. Jotms Chu:ch Road, S.R. 2029; t_._~'e along
the same Nozth 67 degrees 16 minutes 24 seconds East, a distance of 547.91feet to a poiz~ al
!,nd, aow or formerly of Roadway Express, Inc. (Deed Book I, Vohmae 35, Page 273); thence
along lands now or formerly of Roadway Express, Inc. North 38 desrces 48 minutes 00 seeoruis
West, a distlulee of 485.47 feet to a point on the leSal r~_ht of way ~ of Ramp A to State Road
581 offTrindle Road S.R. 641; thence along saki legal right of way line, a!ollg a curve, curving
to the right with a radius of 1.687.28 feet, an arc distance of 24.53 feet; thence along the same
South 78 degrees 36 minutes 12 seconds West a distance of 140.00 feet to a point; thence along
the same, along a curve ~o the left with a 1,540.60 foot radius, ~,] arc dlsilm~= of $1.08 feet to a
poira, at tho flivic~g line beiween Lot #1 on the aforeme~bned plan and lands de~ here~
thence along said div~a~,g line the fo~owins six (6) courses a~d distance:
1.) South 18 d~gree~ 35 mia~es 14 seco~ F.a~ a distance of 36.74 fccq theacc,
2.) S~uth 41~ degrees 54 minutes 46 seconds West, a dista~ of 8.94 feet; theace,
3.)
South 18 degrees 35 minutes 14 seconds East, a distance of 109.7l feet to a point;
4.)
South 52 degrees 20 minutes 26 seconds West, a distance of 187.18 feet to a point;
tiler, ce,
South 37 degree's 39 minutes 34 seconds East, a distmace of 12.84 feet to a point;
6.)
South 52 degrees 20 minutes 26 seconds We~t, a distance of 98.09 feet to a point on
the ~ly d~licatod ri&ht-ogway of St. loire, Church Road..~.R. 2029,
Thence, along ~,!d right-of-way linc South 38 degrees 52 mutes 14 seconds East a distance of
284.25 f~t to th~ point of BEGIlxINI~G.
Sakl area subject to easements of records ~,~ a ten foot dedication ofaddilional rtght-of.v~y
along St. Johns Church Road.
EXHIBIT A (Con't)
BEING the remainder of Tract 2 and all of Tract 1, together known as Lot 2 on Plan Book 83, Page 12.
BErG a portion of the following f'~rst tax parcel number and all of the second tax parcel number:
TAX PARCEL NO. 10-22-0529-016, wl~ich has a mailing address of 4230 Trindle Road, land
approximately 5 acres (contains McDonalds Restaurant)
ASSESSED VALUE: Land $35,250; Improvements $9,000 = Total $44,250
TAX PARCEL NO. 10-22-0529-017A, which is shown as land approximately 2 acres on St. Johns Church
Road
ASSESSED VALUE: Land $8,050; Improvements $0 = Total $8,050