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HomeMy WebLinkAbout05-5288 l!-o5'/wrr ,uLl) STIPULATION AGAINST LIENS This instrument executed the I' hday of October 2005, by Cumberland Design & Building Co., Inc. ("Contractor") in favor of Smithland and Improvement Corporation ("Owner"). WITNESSETH: A. Contractor is a contractor within the meaning of the Pennsylvania Mechanics' Lien Law of 1963. B. Owner and Contractor intend to enter into or have entered into a certain construction contract (the "Contract") respecting the performance by Contractor of certain work in connection with the construction of certain improvements and related work (the "Improvements) on Owner's property located upon a parcel of ground owned by Owner located at 2001 State Road, Lower Allen Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made part hereof (the "Property"). C. Contractor has by the terms of the Contract and by this instrument and the promises contained herein, covenanted, promised, and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the Improvements or the Property or the estate or title of Owner in the Improvements, or the Property or any part thereof (including, without limitation, any leasehold estate), or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor, or materials supplied in the performance of the work constituting the Improvements, or under any supplemental contract for extra work, or in the erection, construction or completion of the Improvements on the Property or any appurtenances thereto. NOW THEREFORE, in consideration of the Contract and the covenants of Owner therein contained, and the above recitals, and intending to be legally bound hereby, Contractor covenants and agrees as follows: 1. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all rights to file a Mechanic's Lien or Notice of Intention to File any lien, and does hereby covenant, promise, and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Improvements or the Property or any part thereof or the estate or title of Owner (including without limitation, any leasehold estate) in the Improvements or the Property or the appurtenances thereto, or any curtilages thereto, by or in the name of Contractor or any subcontractor, materialman or laborer acting or claiming by, through, or under Contractor for work done or materials furnished in connection with the Improvements or under the Contract or any subcontract or by any other party acting through or under them or any of them for and about the Improvements or the Property, or any curtilages thereto, or any part thereof. 2. This instrument waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements or under the Contract. 3. In order to give Owner full power and authority to protect itself, the Improvements, the Property, the estate or title of Owner therein (including, without limitation, all leasehold estates), and the appurtenances thereto and the curtilages thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, CONTRACTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF COMMON PLEAS OF THE COMMONWEALTH OF PENNSYLVANIA, TO APPEAR AS ATTORNEY FOR IT, THEM OR ANY OF THEM IN ANY SUCH COURT AND IN ITS OR THEIR NAME OR NAMES, TO THE EXTENT PERMITTED BY LAW, TO MARK SATISFIED OF RECORD AT THE COST AND EXPENSE OF CONTRACTOR OR OF ANY SUBCONTRACTOR OR MATERIALMEN, ANY AND ALL LIEN OR LIENS FILED IN VIOLATION OF THE FOREGOING COVENANT, OR CAUSE TO BE FILED AND SERVED IN CONNECTION WITH SUCH LIEN OR LIENS ANY PLEADING OR INSTRUMENT, OR ANY AMENDMENT TO ANY PLEADING OR INSTRUMENT PREVIOUSLY FILED BY IT OR THEM, AND TO INCORPORATE THEREIN, AS PART OF THE RECORD, THE WAIVER CONTAINED IN THIS INSTRUMENT, AND FOR SUCH ACT OR ACTS THIS INSTRUMENT SHALL BE GOOD AND SUFFICIENT WARRANT AND AUTHORITY. A reference to the court, term and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and Contractor, for itself and for them, hereby promises, releases and quitclaims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any such way concerning them. IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. ATTEST: CUMBERLAND DESIGN & BUILDING CO., INC. wd'4 Witness /}VI/l/L{~ W. R. Unger, President COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the _ day of August 2005 before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared W. R. Unger , who acknowledge himself to be the President of Cumberland Design & Building Co., Inc. and that he as such President, executed the foregoing instrument for the purposes herein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and date first above written. J~rrlJ~utJf Notary Public r~--'" My commission expires: [' . > :c , . My c.::,;~:-:- . "".,:\" A ""'''f . :::.',.., Il.l0, 2iJGJ Q ,..., 0 CC> ~ ,.-::, --n '1-:> F "'" c") -1 :1: -r'> ~ c"":: 'rl ,. <--. --4 ; e: ~. ....,.....\\\ "" C?-. , '-:"C':.:' .....J . ~ I I -S) , _:(-.' ~ . ';:: ~:;-. 'I.J -;.'~ -c':;--I-, -,'. /~') \-- ........ ---- .> - !"....) ~~.-')l n CJ'1 --'".:.1 ):"~; "" ~n a<::- d CJ -< J o? -6 :< 88' fY) LD Exhibit 'A' LEGAL DESCRIPTION FOR SMITHLAND AND IMPROVEMENT CORPORATION ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the center line of Old Gettysburg Road (S.R. 2014) said point being located North 50 degrees 00 minutes 00 seconds East a distance of 403 feet more or less from the center line intersection of said Gettysburg Road and Carlisle Road (S. R. 2018); thence along the center line of Old Gettysburg Road (S. R. 2014) North 50 degrees 00 minutes 00 seconds East a distance of 790.8 feet to a point on the southern line of land now or late of the Penn Central Railroad; thence along the southern lone of said railroad North 79 degrees 00 minutes 00 seconds East a distance of 600.0 feet to a point; thence along the southern line of said railroad by a curve to the left having a radius of815.45 feet and an arc length of 120.00 feet to appoint; thence South 40 degrees 30 minutes 00 second East a distance of 10.00 feet to appoint on the northwestern line of land now or late of Reading Railroad; thence along the northwestern line of land now or late of the Reading Railroad South 47 degrees 55 minutes 00 seconds West a distance eol 1410.9 feet to a point; thence along land now or late of Smith Land and Improvement Corporation North 42 degrees 05 minutes 00 seconds West a distance of 403.0 feet to a point on the center line of Old Gettysburg Road (S. R. 2014), said point being the place of BEGINNING. CONTAINING 9.72 acres more or less.