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HomeMy WebLinkAbout02-1387IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONEWAGO ENTERPRISES, INC. 660 Edgegrove Road Hanover, PA 17331 Contractor and American Suzuki Motor Corporation 3251 E. Imperial Highway Brea, CA 92822-1100 Owner GD No. : Code STIPULATION AGAINST LIENS Filed on behalf of Contractor To the Prothonotary: Please index this Stipulation Against Liens with Owner designated as Plaintiff, Contractor designated as Defendant, and vice versa. CERTIFICATE OF LOCATION I hereby certify that the location of the real estate affected by this No-Lien Agreement is Lot #D - 1 lA Rossmoyne Industrial Park, Upper Alien Township County of Cumberland, Commonwealth of Pennsylvania Ref. PA - 9/4/98 STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor, equipment or materials, known as CONEWAGO ENTERPRISES, INC., a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other, good and valuable consideration to it in hand paid by American Suzuki Motor Corporation hereinafter referred to as the "Owner", the receipt whereof is hereby acknowledged, and intending to be legally bound, 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 Exhibit "A", attached hereto and made a part hereof, or against any buildings or other improvements theron (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between the Owner and the Contractor, dated January 30, 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 provided that the Owner is not in default of the 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 provided the Owner is not in default of the contract. The Owner shall have the absolute fight in its name or in the name of the undersigned or any other entity or person who shall have filed a mechanics' lien, to cause such 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, working for or through the contractor. 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, and is expressly contingent upon proper filing and indexing by Owner in accordance with requirements of that law. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the 20th day of Marr2h_29_02~ ATTEST: CONEWAGO ENTERPRISES, INC. Name: Susan ~4~Smith Name: Christine M. Sfi~ith Title: Assisffafit Secretary Title: Executive Vice President (CORPORATE SEAL) Ref. PA - 9/4/98 ALL THAT CERTAIN parcel of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point, said point at the southern terminus of an arc at the intersection of the southern right-of-way line of Louise Drive, a 60 foot right-of-way, and the western right-of-way line of Richard Lane, a 50 foot right-of-way; THENCE, along the western right-of-way line of Richard Lane, the following three (3) courses: (1) South 38 degrees, 09 minutes, 36 seconds East, for a distance of 402.39 feet to a point; (2) thence along an arc of a curve, curving to the right, having a radius of 47.00 feet, for an arc length of 45.50 feet, the chord of which being South 10 degrees, 25 minutes, 41 seconds East, for a distance of 43.74 feet to a point; (3) thence along an arc of a curve, curving to the left, having a radius of 80.00 feet, an arc length of 80.02 feet, the chord of which being South 11 degrees, 21 minutes, 05 seconds East, for a distance of 76.73 feet to a point; thence, leaving Richard Lane and along Lot D-10A, South 49 degrees, 58 minutes, 50 seconds West, for a distance of 509.64 feet to a point; thence, along the same, South 00 degrees, 34 minutes, 20 seconds East, for a distance of 256.90 feet to a point on the northern right-of- way line of the Pennsylvania Turnpike; thence along said right-of-way, the following five (5) courses: (1) in a westerly direction, along an arc of a curve, curving to the right, having a radius of 11,349.19 feet, with an arc length of 9.49 feet, the chord of which being South 80 degrees, 34 minutes, 37 seconds West, for a distance of 50.54 feet to a point; (3) thence, along an arc of a curve, curving to the right, having a radius of 11,359.19 feet, for an arc length of 247.82 feet, the chord of which being South 81 degrees, 28 minutes, 33 seconds West, for a distance of 247.81 feet to a point; (4) thence, North 86 degrees, 21 minutes, 44 seconds West, for a distance of 50.54 feet to a point; (5) thence, along an arc of a curve, curving to the right, having a radius of 11,349.19 feet, for an arc length of 55.24 feet, the chord of which being South 82 degrees, 42 minutes, 41 seconds West, for a distance of 55.24 feet to a point; thence leaving said right-of-way, along Lot D-12A, North 07 degrees, 25 minutes, 41 seconds West, for a distance of 258.61 feet to a point; thence along same, North 38 degrees, 09 minutes, 37 seconds West, for a distance of 346.28 feet to a point on the southern right-of-way line of Louise Drive; thence along said right-of-way line, North 51 degrees, 50 minutes, 23 seconds East for a distance of 903.01 feet to a point; thence along an arc of a curve, curving to the right, having a radius of 43.00 feet; for an arc length of 67.54 feet, the chord of which being South 83 degrees, 09 minutes, 36 seconds East, for a distance of 60.81 feet to a point, the POINT OF BEGINNING. CONTAINING 13.774 acres (599.994 square feet) of land. Subject to 25 foot drainage easements throughout and two variable width drainage easements as shown on the Final Resubdivision Plan for Lots D-10, D-11 and D-12 of Rossmoyne Industrial Park. EXH1rBI'T "A"