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Home My WebLink About05-5905 KENSINGTON ARMS ASSOCIATES Owner-Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MECHANICS' LIEN ~ NO. D5 - S""7"DS (Yl/.."r) t E-L"'l R&L CONSTRUCTION COMPANY, INC. Contractor-Defendant STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as R&L Construction Company, a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NOll 00 DOLLARS ($ 1.00) to it in hand paid by Kensington Arms Associates ("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 November 14, 2005, 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 ofthe 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. 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 ofthe Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the 14th day of November, 2005. ATTEST/WITNESS: OWNER: KENSINGTON ARMS ASSOCIATES By: Capitol View Development Co., Inc. General Partner . .1r {lJ.l~ By CONTRACTOR: R&L CONSTRUCTION COMPANY, INC. ATTEST/WITNESS: &~ llA .~ By ~. Name: Michael K. Lau Title: President 2 )~A ALL THOSE CERTAIN tracts ofland situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described in accordance with the Existing Conditions Plan for Allendale Mews, prepared by R. J. Fisher & Associates, Inc., dated April 15, 2005, as follows: Lot No.1 BEGINNING at a point within the right-of-way of Allendale Road (T- 608), said point being at the southeasterly comer of Lot B as shown on the Final Subdivision & Land Development Plan for Phase 1 of Kensington Place recorded with the Cumberland County Recorder of Deeds in Plan Book 91, Page 88 (the "Phase I Plan"); thence through said right-of-way of Allendale Road, S 24023' 38" E a distance of 17.75' to a point; thence through the same, S 25038' 35" E a distance of 330.00' to a point; thence through the same, S 23034' 51" E a distance of 71.47' to a point; thence through the same and along lands now or formerly Stonehedge Lane Associates S 80033' 52" W a distance of396.99' to a point; thence along said lands now or formerly Stonehedge Lane Associates N 12026' 10" W a distance of 377.46' to a point on the southerly line of said Lot B as shown on the Phase I Plan; thence again along said lands of Lot B, N 750 34' 46" E a distance of303.75' to a point, the place of BEGINNING; CONTAINING 137,788 square feet or 3.16 acres. Lot NO.2 BEGINNING at a point within the right-of-way of Allendale Road (T-608), said point being at the northeasterly comer of Lot A as shown on the Final Subdivision & Land Development Plan for Phase 1 of Kensington Place recorded with the Cumberland County Recorder of Deeds in Plan Book 91, Page 88 (the "Phase 1 Plan"); thence again along sand lands of Lot A, S 75034' 46" W a distance of 303.75' to a point, thence along the northerly line oflands now or formerly of Stonehedge Lane Associates, S 77052' 47" W a distance of880.30' to a point on the easterly line of lands now or formerly of Ellen Hess Smith and Joseph H. Hess; thence along said lands now or formerly of Ellen Hess Smith and Joseph H. Hess N 7005' 26" E a distance of 382.46' to a point; thence along the southerly line oflands now or formerly of William Dale Fike and Rosalie D. Fike and lands now or formerly of Jeffrey B. Harvey and Sally L. Harvey N 88020' 44" E a distance of254.98' to a point; thence along said lands of Jeffrey B. Harvey and Sally L. Harvey N 15008' 40" W a distance of248.41 ' to a point within the right- of-way of Allendale Road (T-608); thence through said right-of-way N 74056' 42" E a distance of619.71' to a point; thence through the same S 64034' 37" E a distance of 121.43' to a point; thence still through the same S 22054' 06" E a distance of201.04' to a point; thence still through the same S 2422' 21" E a distance of318.20' to a point, the place of BEGINNING. . CONTAINING: 538,957 square feet or 12.37 acres. ALSO BEING Lot No. I on the Final Subdivision Plan made for the Margaret Z. Strong Estate by Ernest J. Walker, Professional Engineer, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 42, Page 128. Lot No.3 ALL THAT CERTAIN tract ofland situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being Lot #13 as more particularly bounded and described in accordance with Final Subdivision Plan & Land Development Plan for Phases 3 and 4 of Stonehedge recorded in Cumberland County Plan Book 87, Page 51 (the "Plan"), as follows: BEGINNING at a point on the westerly right-of-way line of Allendale Road (T -608), said point being at the northeasterly comer of other lands now or formerly of Stonehedge Lane Associates, the Grantor; thence along lands now or formerly of Stonehedge Lane Associates S 670 04' 49" W a distance of 267.84' to a point; thence along the same S 620 20' 47" W a distance of 132.64' to a point; thence still along the same S 55006' 17" W a distance of 455.15' to a point; thence still along the same S 70 18' 51" E a distance of 60.63' to a point on the northerly right-of-way line of Stonehedge Lane; thence along said right-of-way line of Stonehedge Lane by curve to the left having a radius of375.00', an arc length of97.55' on a chord bearing ofS 750 14' 01" W a distance of 97.27' to a point; thence along the same S 67046' 54" W a distance of 73.05' to a point; thence still along the same by curve to the left having a radius of 285.00', an arc length of 212.87' on a chord bearing of S 46023' 04" Wa distance of 207.95' to a point; thence along lands now or formerly of Allendale Road Associates N 650 00' 47" W a distance of 158.97' to a point; thence along said lands of Allendale Road Associates S 75036' 08" W a distance of 307.88' to a point on the easterly line oflands now or formerly of Ellen Hess Smith and Joseph H. Hess; thence along said lands of Ellen Hess Smith and Joseph H. Hess N 14023' 55" W a distance of 231.84' to a point; thence along the same N 7006' 56" E a distance of 888.23' to a point; thence along the southerly line of lands now or formerly of Linden R. Gates, Jr. N 77052' 47" E a distance of 880.30' to a point; thence along the westerly line of lands now or formerly of Linden R. Gates, Jr. S 12026' 10" E a distance of 377.46' to a point; thence along the same N 80033' 52" E a distance of 365.37' to a point on the westerly right- of-way line of Allendale Road T -608; thence along said westerly right-of-way line of Allendale Road (T-608) S 24007' 56" E a distance of 270.13' to a point; thence along the same by curve to the right having a radius of 2261.83', an arc length of 47.87' on a chord bearing of S 23031' 34" E a distance of 47.87' to a point on said right-of-way line, and the place of BEGINNING. . Containing: 1,208,519 sq. ft. (27.74 acres) BEING part of the same premises which Wesley Affiliated Services, Inc., successor to The United Methodist Homes for the Aging, Inc., by deed dated May 23, 2001 and recorded in Cumberland County Deed Book 245, Page 354, granted and conveyed unto Stonehedge Lane Associates, a Pennsylvania limited partnership, for itself as to part; and as Straw Party for Allendale Road Associates, a Pennsylvania limited partnership, as to Lots I and 2 more particularly bounded and described on that certain Final Subdivision Plan & Land Development Plan for Phase I of Stonehedge recorded in Cumberland County Plan Book 83, Page 84. r'.' C-l C2 ~:-~ "\1 ~ ( 1:-'''' -:-1 \.:l -,..- - - '- t,~_ \ ., (\:J ~ lr) -r:::; I!:- -- \) J~'. \:> --- -- ':'-? -J --- [\J \) u-., C~"\ r-- .... "-Cl --.. - ~ ~ ------- l)- S: ~ b 0-- ~ ~ G- ~