HomeMy WebLinkAbout04-6109STIPULATION AGAINST LIENS
LOWE'S HOME CENTERS, INC.
Owner,
VS.
McWhorter and Co. Inc~_,
Contractor.
IN THE COURT OF
Cumberland
PENNSYLVANIA
COUNTY,
PROJECT NAME: Lowe's of Mechanicsburq, PA
PROJECT ADDRESS: SW Corner of Carlisle Pike (S.R. 0011) and Van Patten Drive
Mechanicsbur.q, PA
(legal description attached as Exhibit A)
The undersigned Contractor, McWhorter and Co. Inc., furnishing services, labor or
materials, an Alabama corporation (the "Contractor"), intending to be legally bound, and in
consideration of the sum of One and 00/100 ($1.00) Dollar to it in hand paid by Lowe's Home
Centers, Inc. (the "Owner"), and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, for itself and an!/ 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 Exhibit "A", attached hereto and made a part hereof by reference, 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 December 6, 2004, 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 on behalf, through or under it, her,gby waives and relinquishes all
# 14-PA Stipulation Against Liens_Mechanicsburg.doc
right to file a mechanic's lien, claim or notice of intention to file any lien or claim against the real
estate, attached as Exhibit "A".
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 Pennsylva~ia, 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 warranty 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.
Owner shall have the absolute right in his name 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 1965 of the
Commonwealth of Pennsylvania.
#14-PA Stipulation Against Liens_Mechanicsburg.doc
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Date/Time DEC-06-2004 (MON) 16:14
DEC ~ 2884 15:41 FR LO~S ENG ~ND CONST JJ6 658 3L~ TO 9161~i~5~1
Medmalcsh~ PA
EXHIBIT A
Beginning at a refe~qoe point, said point being Io~tecl on me eoul~em right-Of-way line of Cadisle Pike
(S.R. 0011) and ~ western right-of-way line of Van Patton Drive (also landa now or fonnerly of tho
United States of America); thence along tl~o western rigM-~f-way line of Van Patten Drive South 02
degrees 27 minutes 34 8econcls East s distance of 307.02 feet ~ a point, tala being the pOINT OF
BEGINNING;
Thence from said point of beginning along the western right, of-way line of Van Patten Drive SOUth 02
clegrees 27 minutes 34 seconds East a distance et 580.21 fe,~t to a point, said point betr~g the
northeastern propeRy comer of lands to be oonvoyed to Hampct~ Township; thence along said lands to
be conveyed to Hemlxlen Towrtshtp tho follow~ng three (3) courses a~nd distances:
1. South 87 degreea ~. minutes 26 aeoonds West a distance gl~ 16.00 feet to a point;
2. ~ 02 degre~e 27 mirtutes ~4 8econds East a distanoe of 190.00 feet to a point;
3, North 76 0agrees 08 minutes 56 seconds West a di~anoe of 714,24 foot to a point;
Said point being the southeastern property comer of lancla now or lormefly of Cumberland Partners Lot 3;
thence along Ihe western property line Of aaicl lands of Cumberland Partnera (Lot :3) and otflet lartcis now
or formerly of Cumberland Partnem Norffi 00 degrees 53 minutes 17 seconda West a distance Of 7,M.94
feet to a point:, said point being Ihe $oulhwestem boundary ~,mer Of Common Elements of RB
Meehanicaburg Asaooiates, LP; thence along the southern bounda, ry line of ~ Comrnml Elemer~ tho
following five (5) courses and distances:
1. Norlh 87 degrees 32 minute~ 26 seeon~ East a eatance of 274.~ f~t ~ a ~t;
2. No~ a cu~ ~ ~e right ~d~ a radi~ ~ 1~,~ f~t a~ ~ ~ I~ of 47.~ ~, sa~
cu~ ~ a ~M ~ of ~h 78 d~ 43 minute ~ ~n~ Ea~ ~d a ~
~ ~ 47.~ ~ a~nt;
3. ~u~ ~ ~m~ 5g min~ 24 s~ondo E~t a d~tance ~ :~9.~ ~t to a ~ifl~
4. ~ng a ou~ ~ lhe left being a radi~ of ~.00 f~t and an ~ leng~ ~ ~.~ f~ ~ cu~
h~ng a ~o~ ~flng ~ ~h 78 ~r~ 41 m~ 14 ~s E~t and a ~ ~ ~
~.~ ~ ~ a ~int;
5. No~ 87 ~r~ 38 minu~ 57a~on~ Ent a d~n~ Of ~1.~ ~t to a ~int;
said point being the POINT OF BEGINNING.
The above cle~troe~ tract contains S46,972.20 square feM or 12,56 acres as dep~ on mo Site Plan
~ey.srvO I~] IX~'? I ! ~1 ~ ~eO.fl2~ 100
· '~ TOTAL F~ClGE. ~ ~