HomeMy WebLinkAbout02-0362GIANT FOOD STORES LLC, and
AHOLD REALTY COMPANY,
Owner-Plaintiff
Name of Contractor:
IN THE COURT OF COMMON PLEAS
Cumberland (county), PENNSYLVANIA
MECHANICS' LIEN
NO. 0~-
Hogg Construction, Inc.:
Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as _Hogg Construction, 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 and AHOLD REALTY COMPANY ("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 January 14 ,2002
, 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 all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
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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~.glxlersigned has caused this
executed as ofthe I~r&dayof --3~ ,2002. instmment to be duly
WITNESS: CONTRACTOR:
_~Hogg Construction, Inc.
I~ame: Roger Barbour
Title: V.P. Finance
DlTStipsForm
Annexed to Subordination, Nondisturbance and Attornment
Agreement dated as of July 29, 1986 among CONNECTICUT
GENERAL LIFE INSURANCE COMPANY, as Mortgagee, CAMP HILL
SHOPPING CENTER ASSOCIATES, as Landlord, MID-ISLAND
PROPERTIES, INC., as Fee Owner, and SUPERMARKETS GENERAL
CORPORATION, as Tenant.
Premises: Camp Hill. Pennsylvania
LEGAL DESCRIPTION
All thatcertaintractofground situate inCampHlllBoroughandEast
Pennsboro Township, Cumberland County, P~nnsylvania, Described
according to a plan titled "Survey Plan for Camp Hill Shopping
Center Associates: dated September Zl. 1984. by Robert F. Harsch
& Associates, Inc.
BEGINNING at a point, said point .being on the western right
of way )lne of South 32nd Street (LR 21070) US Routes 11 and 15
and the southern right of way of Trindle Road.(LR 507).
Thence, along said right of way llne of South 32nd Street the
following (3) courses and distances:
I. South 40° 33' 00" East, 13q.53 feet to a point;
2. South 10° 26' 00" East, q61o34 feet to a point;
3. South 11° 48' 00" East, 870.92 feet to a point; said
point on the northern right of way of Ramp 'Hm (LR 767) the
Harrisburg Expressway.
Thence, along said right of way line, South 78° 12' 00" west
14.00 feet to a poin. t.
Thence, along a curve to the right, with a radius of 394.00
feet for an arc distance of 368.13 feet, with an included angle
of 53° 32' O0" and a chord of South 14° 58' O0" West 354.85 feet
to a point of tangency.
Thence, still along northern right of way line of Ramp 'H'
(LR 767) the following (4) courses and distances:
1. South ql° 4~' 00" West 502.O1 feet to a point;
2. South 56° 19' 00" West 202.55 feet to a point;
lo£2
Along a curve to the right wlth a radius of 36h.00
feet for an arc distance of 252.08 feet, with an
included angle of q0° 0~a OS", and a chord of 5outh
75°20I 32" West 2q9.~0 feet to a point;
~. South 5° hi' 00" West 16.00 feet to a point on the
northern right of way llne of the Harrisburg Expressway (Route l;).
Thence, along said right of way North 85° 12' 00" West 86.02
feet to a point.
Thence, leaving the northern right of way line of the Harrisburg
E×pressway (Route 11) and along the line of lands of Pennsylvania
Real Es:ate Investment Trust the followlng 5 courses and
North 24° 4~' 00" West 56.77 feet to a point;
North 65° 11' OD" East t5.00 feet to a point;
North 24° q~' 00" West 120.00 feet to a point; on the
East Pennsboro Township/Borough of Camp Hill Line
4. Following a portion of the aforesaid Township/Borough
'line North 63° 56' 00" East 303.08 feet to a point;
5- North 24° 49' O0" West 1632.73 feet to a point on the
southerly right of way line of Trlndle Road (LR 507).
Thence, along said right of way line North 65° 21' 00" East
1184.75 feet to the point and place of beginning·
cONTAINING 44.32.acres of land, more or less.
dis tanceS:
I.
2.
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