HomeMy WebLinkAbout94-04359
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No, qy - Lj,35Q m LD
WAIVER OF RIGHT TO FILE
AND STIPULATION AGAINST MECHANICS' LIENS
PROTHONOTARY'S OFFICE
CUMBERLAND COUNTY, PA
DOCKET NO,
HIGH CONSTRUCTION. INC, herein callcd the "CONTRACTOR" has cntered into 0
contract with BARON ENTERPRISE herein callcd the "OWNERS" to crect for
A 70,000 S,F, Warehouse providing 011 the materials and labor, upon the
following lot or tract of land of Owners:
ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County,
Pcnnsylvania, bounded and described according to 0 survey thercof entitled Subdivision Plan
No, 7, Hampden Development Co" mode by D,P. Raffensperger, Registered Surveyor, doted
November 13, 1964, recorded in Cumberland County Plan Book 16, Page IS, as follows:
BEGINNING at 0 point on the southem line of Industrial Pork Rood at the northeast comer of
tract of land now or formerly of Akers Realty & Soles Co" Inc, said point being referenced
four hundred sevcnty-eight and twelve hundredths (478,12) feet east of the intersection of the
southern line of Industrial Pork Rood and the castcrn line of Terminal Street; thence along
said southern line of Industrial Pork Rood, North seventy-five degrees forty-five minutes East
(N750 45' E), 0 distance of two hundred fifty-two and thirty-five hundredths (252.35) feet to 0
point; thence continuing along said southern line of Industrial Pork Rood North eighty-six
degrces thirty six minutes East (N 86. 36' E), 0 distance of four hundred sixty-seven and
ninety-two hundredths (467,92) feet to 0 point; thence continuing along said southern line of
Industrial Pork Rood, North sevcnty-scven degrecs twcnty minutes East (N 77. 20' E), 0
distance of fifty-five (55) feet to a point on thc ccnter line of Sterling Street, said point also
bcing on the westcrn line of land now or formerly of Berks County Trust Company; thence
along thc center line of said Sterling Strcet, said ccnter line also being the western boundary
line of said tract ofland now or formerly of Bcrks County Trust Company, South twelve
degrees forty minutes East (S 12.40' E), 0 distance of two hundred fifty-nine and fifty-seven
hundredths (259.57) feet to 0 point of 0 curve; thence continuing along the center line of
Sterling Street on 0 curve to the left having 0 radius of four hundred fifty (450) feet, an orc
length of two hundred five and twenty-five hundredths (205.25) feet thence continuing along
continuing along said center line of Sterling Street and beyond, South thirty-cight degrees
forty-cight minutes East is (38. 48' E), 0 distance of seven hundred ninety-six and thirty
hundrcdths (796.30) feet to a point on the northern right-of-way line of the Pennsylvania
Railroad Company; thencc along said northcm right-of-way line of the Pennsylvania Railroad
Company, South sevcnty-six degrees seven minutes West (S 76. 07' W), 0 distance of four
hundrcd and ninety-ninc hundredths (400.00) fcet to 0 point of 0 curve; thence by 0 curve to
the right having 0 radius of three hundred fifty (350) fcet, an arc length of three hundred
ninetcen and ninety-six hundredths (319.96) fcet to 0 point; thence North thirty-six degrees
forty-eight minutes Wcst (N 38. 48' W), 0 distance of one thousand one hundred eighty-one
and forty-nine hundredths (1,181.49) feet to 0 point on the southem line of said Industrial
Pork Rood, the place of BEGINNING.
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CONTAINING sixteen and forty-six hundredths (16,46) acres,
BEING the same premises which Hampdcn Development Co" a Pennsylvania corporation,
by deed dated April 12, 1965, recorded April 13, 1965, in Cumberland County Deed Book 0,
Volume 21, Page 26, granted and conveyed unto Terminal Land and Building Corporation, a
Delaware corpomtion. The said Ownership and Merger dated January 22, 1982, merged into
Roadway Express, Inc" a Delaware cOl1loration, Grantor herein,
UNDER AND SUBJECT to easements, covenants, reservations, restrictions and rights-of-
way of record,
EXCEPTING from the above described legal description, ALL THAT CERTAIN tmct of
land which Terminal Land and Building COl1loration, a Delawarc corpomtion, by deed dated
June IS, 1966, recorded August 9, 1966, in Cumberland County Deed Book B, Volume 22,
Page 575, granted and conveyed unto the Township of Hampden, more particularly described
as follows:
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ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland
County, Pennsylvania, bounded and described pursuant to a Plan of Glace & Glace,
Inc., dated September 3, 1965, os follows:
BEGINNING at a point on line of land now or formerly of the Carnation Company,
said point being South thirty-eight degrees forty-eight minutes East (S 38048' E), one
hundred eighty (180) feet from the center of the cul-de-sac at the southern terminus of
Sterling Street; thence by land now or formerly of the Carnation Company, South
thirty-eight degrees forty-eight minutes East (S 380 48' E), one hundred twenty (120)
feet to a point on line ofland now or formerly of Pennsylvania Railroad; thence by said
land, South seventy-six degrees seven minutes West (S 760 07' W), two hundred eighty
(280 feet to a point; thence by land being retained by Terminal Land and Building
Corpomtion, North fifty degrees forty-four minutes thirty second East (N 500 44' 30
seconds E), two hundred fifty-three and ninety-five hundredths (253.95) feet to the
place of BEGINNING.
CONTAINING .350 acre
SUBJECT, HOWEVER, to easements existing of record, affecting said tmct ofland.
NOW THEREFORE, it is hereby stipulated and agreed by and between the Owners and the
Contractor as part of the contmct and for the considcration therein set forth that the right to file a
Mechanics' Lien claim is waived and that neither the undersigned Contmctor, nor any
subcontmctor materialman, laborer, or any other person fumishing labor or materials to the
Contmctor or the Owncrs shall file a claim or lien commonly called a Mechanics' Lien, for work
done or materials fumished to the proposed construction, the land appurtenant thereto, or any
port thereof,
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This Stipulation is made and intended to be filed with the Office of the Prothonotnry of Dauphin
County, PeMsylvnnia, prior to the commencement of the work upon the aforesaid lot ofland.
and the Contractor hereby agrees that no authority has been given to him to proceed with the
work prior to the execution and filing of this Waiver.
IN WITNESS WHEREOF. the parties hove signed this Waiver this
of AUllust .1994,
3rd
day
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