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HomeMy WebLinkAbout97-05111 11\\107171 SHADOW OAKS ASSOCIATES, Owner ; IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO,; '/7- fIll ILL L- !J I b ~ JOHN W. GLEIM JR" INC., Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this ntJ..dayof S/)!rmnf'v ,1997, between Shadow Oaks Associates, a Pennsylvania general partnership/with its offices at 6570 Carlisle Pike, Mechanicsburg, Pennsylvania ("Owner") and John W. Gleim, Jr" Inc., a Pennsylvania corporation, with its offices in 475 Sherwood Drive, Carlisle, Pennsylvania ("Contractor"), WHEREAS, by a duly executed written agreement dated September 15, 1997 (the "Contract"), Owner and Contractor have contracted for demolition and removal of an existing barn ar.d silo and all matters pertaining thereto all in accordance with the Contract (the "Improvements") on the Property situate in Silver Spring Township, Cumberland County, Pennsylvania (the "Property"), said Property being located at the northwest quadrant of the intersection of Route 114 and Carlisle Pike, and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub-contractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of .my kind whatsoever shall be filed or maintained .lgainst the Improvements or the estate or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtildges appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2, Indeoendent Covenant. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for exlra work in the erection, construction and completion of the said Improvements and as to any work and labor done and materials (urnished under the Contract. 3. Power of Attornev, In order to give owner full power and authority to protect itself, the property, the estate or title of owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hert'by irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney (or it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (iil cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and "II manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them, In the event i:nyone acting through or under contractor shall so file a lien in violation of the foregoing covenant, owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. TRACT NO, 1 ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania more particularly bounded and described in accordance with the Final Limited Subdivision Plan for Parcel No. 5 of Shadow Oaks prepared by Hartman & Associates, Inc. dated November 23, 1994 last revised January 20, 1995 and recorded on February 14, 1995 in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 69 at Page 86. BEGINNING at a point on the Northern Right-of-Way line of U.S. Route 11 westbound lanes at the southwest corner of lands now or formerly of Mary Lee Rowe and Amelia N. Barto; thence along the northern Right-of-Way of U,S. Route 11 westbound lanes by a curve, curving to the left, having a radius of 7,689.49 feet and an arc length of 447,54 feet to an iron pin along lands now or formerly of 6570 Carlisle Pike, Inc.; thence along lands now or formerly of 6570 Carlisle Pike, Inc., North 06 degrees 52 minutes 15 seconds West, a distance of 295.24 feet; thence along same, North 43 degrees 35 minutes 15 seconds West, a distance of 96.51 feet; thence along same, North 71 degrees 44 minutes 20 seconds West, a distance of 81.95 feet; thence along same, South 85 degrees 45 minutes 55 seconds West, a distance of 290.00 feet to a point on the line of land now or formerly of Vi Ung Lee and Inhan Kim; thence along lands now or formerly of Vi Ung Lee and Inhan Kim, North 10 degrees 04 minutes 30 seconds East, a distance of 91.00 feet; thence along same, North 52 degrees 27 minutes 20 seconds East, a distance of 102.04 feet; thence along same, North 02 degrees 59 minutes 55 seconds East, a distance of 396.82 feet; thence along lands of same and lands now or formerly of Dr. Robert Flowers, North 66 degrees 29 minutes 30 seconds East, a distance of 760.13 feet to a point on the western right-of-way line of State Route 0114; thence along the western right-of-way line of State Route 0114 South 19 degrees 17 minutes 30 seconds East a distance of 81.87 feet to an iron pin on the northern line of Parcel No,S; thence along the northern line of Parcel No.5 South 64 degrees 25 minutes 32 seconds West, a distance of 164.98 feet to an iron pin; thence along the western line of Parcel No, 5 and a private access easement South 19 degrees 17 minutes 30 seconds East a distance of 228,76 feet to a point at the intersection of the private access easement and Shadow Oaks Drive; thence on a curve to the left having a radius of 30.00 feet an arc length of 47.12 feet to a point on the northern right-of-way line of Shadow Oaks Drive; thence along the northern right-of-way line of Shadow Oaks Drive North 70 degrees 42 minutes 30 seconds East a distance of 133.99 feet to an iron pin on the western right-of- way line of State Route 0114; thence along the western right-of-way line of State Route 0114 and crossing over Shadow Oaks Drive South 19 degrees 17 minutes 30 seconds East a distance of 50 feet to a concrete monument at the northeast corner of Parcel No.4 (as shown on a Plan recorded in Plan Book 66 at Page 73) and the southern right-of-way of Shadow Oaks Drive; thence along the northern line of Parcel No, 4 and the southern right-of-way line of Shadow Oaks Drive South 70 degrees 42 minutes 30 seconds West, a distance of 270.57 feet; thence along the Western line of Parcel No, 4 South 19 degrees 17 minutes 30 seconds East, a distance of 208,00 feet; thence along EXHIBIT "A" ~ ~ ......' n .D 0 ~ )lJ s:; --1 -q ~ ~. ,/) ,t ~',,,~ ;'Il ' 'n ........ fl.r ; 'U ' I .~ ..; ~ (~ /.' 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