HomeMy WebLinkAbout97-04840
ff 1 '/- ItJ~ 4-J Al L D
WAIVER OF LIENS
KNOW ALL MEN BY THESE PRESENTS THAT:
Coldsmlth Construction (the "Contractor")
AND
Mahlon N. Zimmerman (the "Owner")
entered Into a certain contract (the "Contract") for the performance of certain work and
Improvements (collectively, the "Improvements") on certain real property located In
Southampton Township, Cumberland County, Pennsylvania (the "Premises"), as described on
Exhibit "A" attached hereto and made a part hereof; and
NOW, THEREFORE, In consideration of the execution and delivery of the
Contract and Intending to be legally bound hereby, Contractor, for Itself, Its successors and
assigns, and all subcontractors and other parties acting through or under It or them, does
hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of
any kind whatsoever shall be filed or maintained against the Improvements or the Premises
or any part or parts thereof or the appurtenances thereto, by Contractor or by any
subcontractors, materialmen, laborers or others for work done or for any tolls, equipment,
materials or supervision or other services furnished under the Contract or any subcontract
and supplements thereto, written or oral, or by any other party acting through or under them,
or any of them, for and about the Improvements, the premises or any parts thereof, or on
credit thereof.
This Waiver of Liens shall be an Independent covenant and shall operate and
be effective as well with respect to work done and materials and services furnished under
any supplemental contract for extra work In connection with the construction of the
Improvements as to any work and labor done and materials furnished under the Contract.
In order to give Owner full power and authority to protect Itself, and the
Improvements and the Premises against any and all claims flied by Contrector, or by any
subcontractor or anyone acting under or through Contractor In violation of the foregoing
covenant, Contr'lctor, for Itself, Its successors and assigns, and all such persons, hereby
Irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for it, them or any of them, In any such Court as
Attorney for It or them, and In his, Its or their name, mark satisfied of record, at the cost and
expense of the CClntractor or of any such subcontractor, laborer or materialman, or in its or
their names, any and all mechanics' liens or claims or other liens or claims of any kind
whatsoever filed or maintained against the Improvements or the Pramises or any parts
thereof or the appurtenances thereto, and for such act or qC'" this shall be good and
sufficient warrant and authority and a reference to the Court and to the Docket In which and
where this Instrument shall have been filed shall be a sufficient exhibit of the authority therein
contained to warrant such action, and the Contractor, for Itself and all subcontractors,
laborers. and materialmen, does hereby release all errors and defects whatsoever In the
entry of any such satisfaction or the exercise of the authority hereby conferred.
2
EXHIBIT 'A'
AlL THOSE CERTAIN two \raelS or land wltll Improvements erecled tllereon, situate In
Southampton Township, Cumberland County, Pennsylvania, marc parllcularly bounded and described as
follows:
TRACf NO, 1
BEGINNINO at on Iron pill at Ihe Intersecllon or Ihe nonhcrn rlghl or way or Leglslallve Route
#21048 wllh Ihe northwestern rlghl or w:ty line or a IImiled access highway known as Inlerstate Route 81;
thence along the northern righl or way or said Leglslallve Route #210.18, Nonll 66 degrees 59 ml~utes 37
seconds Wesl, 168 reel 10 an Iro/\ pin; tllence by Ille same, Nonll 62 degrees 33 mlnules 43 seconds West,
249,62 feet 10 an iron pin; Ihcnce by lands now or formcrly of Floyd Bauserman, Nonh 41 degrees 10 minutes
42 seconds Easl, 169.51 feet 10 an exisllng Iron pin; Ihence by tile same Nonll 59 degrees 14 minutes 23
seconds Wesl, 120 fCCIIO an exlsllng Iron pin; thence by lands now or formerly of Bealrlce M. Hershey, Nonll
56 degrees 02 mlnules 22 seconds Wcst, 150,15 feet to an exlsling Iron pin; thence by Ille same, South 41
degrees 02 mlnules 07 seconds Wesl, 199.88 reel to an Iron pin located in Ihe cenler of said legislative Route
#21048; Ihence by Ihe ccnlerllne or said legislative Route #21048 along a curve 10 the rlglllllavlng an arc
distance or so feel, a radius or 1,165.08 feel and a cllord bearing North 50 degrees 58 mlnules 55 seconds
Wesl, 50 fCCIIO an Iron pin; Ihence by lands now or rormerly or Robert L. Jamieson, NOrlll 41 degrees 02
mlnules 07 se(Qnds East, 200.55 feer to an exlsllng Iron pin; thence by Ihe same, Nonh 46 degrees 57 minutes
53 second.s Wesl, 150 feet to an existing Iron pin; tllence by lands now or formerly or AI.Don Parlners, Nonll
41 degrees 02 minutes 07 seconds East, 490.19 fee,tto an Iron pin; thence by the same, NOrlll67 degrees 13
minutes 53 sC(ond,1 East, 174.85 feet 10 an Iron pin; Ihence by Ihe same, Soulh 79 degrees 43 mlnules 07
seconds East, 235 reet 10 an Iron pin; thence by tile same, Nortll 10 degrees 58 minutes 53 seconds East, 442
feel to an irun pin; Ihence by Ihe same, North 49 degree, 01 mlnule 07 seconds Wesl, 174 feel 10 an Iron pin;
Ihence by the same, North 79 degrees 01 mlnule 07 seconds Wesl, 145 feet 10 an Iron pin; thence by tile same
and by lands nowor formerly or Paul D, Bremer and also by lands now or formerly of Lloyd J. Wagner, Norlh
08 degrees 44 minute, 53 seconds EaSI, 484,50 feel 10 an exisllng iron pin; thence by lands now or formerly
or Ihe sold Lloyd J. Wagner, Nonh 08 degrees IS minutes 07 seconds West, 125 reel to an existing iron pin;
Ihence by the same, Soulll 44 degrees 30 minutes 23 seconds West, 185.70 feet 10 an iron pin; Illen~ by lands
now or formerly of Glenn L Glessner, William H, Helman and Karen L. Unard along a curve 10 the lefl
having an arc dlslance or 159.65 reet, a radius or 391.50 reel and having a chord bearing Nonll 06 degrees 06
minules 23 seconds WCSI, 158.54 reel to an iron pin: thence by olher lands now or rormerly of Galen Asper,
Nonh 42 degrees 13 mlnules Eo", 223.67 reetlo an iron pin; Ihence by Ihe same, Soulh 48 degrees 27 mlnules
East, 420.75 feel 10 an existing iron pin; Ihenl;e by lands now or formerly of William D, Swlsller and by olher
lands now or lale of Glenn S. Asper, Soulh 76 degrees 47 minules 00 seconds Easl, 86-1.92 feet 10 a polnl;
Ihence along the northwestern right of way line ror a limited access highway known as Inlerstale 81, Soulh 22
degrees 57 minutes 361econds West. 4.56 feel 10 an iron pin; Ihence by Ihe same, South 29 degrees 22 minutes
55 seconds Wesl, 296.60 reel 10 an iron pin; thenc" by the same, SOUlh 26 degrees H minutes SO seconds
Wesl, 131.60 reel 10 an Iron pin; thence by the same, Sout~. 62 degrees 21 minutes 20 seconds West, 62,50 reel
10 an iron pin; Ihence by Ihe same. South 30 degrees 38 minutes 10 seconds Wes" 321.50 feel 10 an iron pin;
Ihence by Ihe same, Soutll 26 degrees 45 mlnules 22 seconds West, 521.24 fee~ 10 an iron pin; Illence by Ihe
same, Soulh 32 degrees 35 minutes 04 seconds Wesl, 128.68 feel to an Iron pin; Ihence by the same, Soulh
29 degrees II minules 40 seconds West, 510 feet 10 an iron pin; thence by the same. SouIIl 35 degre~.s 28
minUles 10 second I Well, 212.28 feel 10 an iron pin; the place of BEGINNING.
CONTAINING 37.453 acres pursuanl 10 a sUf'ley prepored by Wilbur H CliClon, R.S,. daled
November I, 19H6,
1U IltuU.'''1 ~lL ......w,J 14/,1UIy
9~t9 (LILI ""J
161~19(Lld
OIL I Vd 'tllln
lNIlS plUlg ~lIlOS 01
LOIS-161 lLIL) "'d
OOLI-161 (Lid
Z09ll 'iLl'MI..Jurl
~IS Aul'.I() urd, I~
ssaH 'l& 11111AW)I 'lalllllD
'- r:;. , ~
L-
~ i~ ~ '0
,', ~'- ; ~
lll, ~
(j
i"1-.'j C..
" .J c;
(",'
I' (-:)
(.\! ~~
L!,l I
h. , " . :; 'J
, ~
... ' ,
I 'n
,. (R" 'J
\,) 0" <J
'"
"