HomeMy WebLinkAbout95-02336
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STIPULATION AGAINST LIENS
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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 NO/IOO DOLLAR ($1,00) to it in hand paid by
CAPITOL VIEW ASSOCIATES, a Pennsylvania general partnership
("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 April 28, 1995, 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 of the 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, inAtrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its 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
,
SCHEDULE A
ALL THAT CERTAIN lot or parcel of ground situate in Hampden
Township, Cumberlann County, Commonwealth of Pennsylvania, being
more particularly described on a certain plan entitled "Mountain
View Village phase V Subdivision and Preliminary/Final Land
Development plan" prepared by Rettew Associates, Inc. dated
February 16, 1995, as subsequently revised and recorded in
Cumberland County Plan Book , Page (the "Plan"),
being more particularly described as follows, to wit:
BEGINNING at a point on the dividing line between Phase One and
phase Five of Mountain View Village as shown on the Plan, said
point being on line of lands now or formerly of J. P. Roth;
thence along the said dividing line South 14 degrees 45 minutes
00 seconds West a distance of 3D3,78 feet to a concrete monument
on the southern line of Mountain View Road (60 feet wide); thencp
continuing along phase One South 14 degrees 45 minutes 00 seconds
West a distance of 370,30 feet to a point at the northernmost
corner of phase Two as recorded in Cumberland county plan Book
59, Page 59; thence continuing along Phase Two the following two
(2) courses and distances: (1) South 35 degrees lD minutes 19
seconds West a distance of 619.74 feet; and (2) South 68 degrees
29 minutes 28 seconds East a distance of 314.28 feet to a point
at the northernmost corner of Phase Six as recorded in Cumberland
County Plan Book 61, Page 117; thence continuing along Phase Six
the following three (3) courses and distances: (1) South 22
degrees 13 minutes 38 seconds West a distance of 70.45 feet; (2)
South 18 degrees 36 minutes 20 seconds West a distance of 197.65
feet; and (3) South 68 degrees 29 minutes 28 seconds East a
distance of 296,12 feet to a point within the bed of an access
drive to the sewer treatment plant; thence along same south 53
degrees 44 minutes 00 seconds West a distance of 60.02 feet to a
point; thence South 47 degrees 02 minutes 35 seconds West a
distance of 113,99 feet to a point; thence North 37 degrees 36
minutes 56 seconds West a distance of 822,12 feet to a point on
line of lands now or formerly of Margaret E. Deimler; thence
North 14 degrees 35 minutes 30 second East a distance of 247.31
feet to a point; thence North D6 degrees 34 minutes 47 seconds
West a distance of 168.31 feet to a pipe found on line of lands
now or formerly of W. Kyle; thence North 24 degrees 35 minutes 12
seconds West a distance of 229.26 feet to a pipe found; thence
continuing along lands now or formerly of W, Kyle North 43
degrees 33 minutes 04 seconds East a distance of 713.56 feet to a
pipe found; thence South 81 degrees 46 minutes D2 seconds East a
distance of 247,]1 feet to a point on the dividing line between
Phase Five and Phase One of Mountain View Village, said point
being the point and place of BEGINNING,