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HomeMy WebLinkAbout98-03031 .... ~. of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished by Contractor or by any other party acting through or under it for and about 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 for and about the erection, construction and/or completion of the Work, or under any agreement and/or 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 to any work and labor done and materials furnished for the benefit of Owner, as well as with respect to work done and materials furnished under any supplemental agreement and/or contract for extra work. 3. Power of Attorney. 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 hereby irrevocably authorizes and empowers any attorney of the Court of Common Pleas of Cumberland County, Pennsylvania and any other County of the Commonwealth of Pennsylvania to (i) appear as attorney for it in any such court and, in its 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 (ii) 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 cO::iclusive 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 all 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 anyone 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 Waiver of Liens shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. 5. Release of Lien. Contractor hereby releases Owner from and affirmatively waives its rights to lien for Work done on the Property for which, if any, it has not yet been paid. ... ~. ALL those two cllrtnin tracts of land together with the improvement:! erected and situnted thereon nituated in the Township of Shippcn:lburg, County of Cumberland, State of Pennsylvania, bounded and described U~ fOllows, to wit; TRACT NO.1: !lEG!NN!NG at a point in the center of the road leadinl.l from Shippensburg to Hiddle Sprinl.l; thence North fifty-four (54) deCtlleS forty-seven (47) minutes East. seventeen and eichteen hundreclths (17.18) feet to the Eastern OdCll of the said road; thence by other land of Robllrt E. !lard et ux., North fifty-four (54) degrees forty-seven (47) minutes East, four hundred ninety-nine llnd tl~enty hundredtbs (499.20) feet to a stake: thence by !Jame, South thirty-seven (37) degrees forty-six (/,6) minutes East, three hundred seventeen and five tenths (317,5) feet to corner of land now or formerly of Howard W. Lyons; thence by same. South fifty-four (54) deBrCl!s twelve (12) minutes West:. two hundred eichty-two (282) feet to a point: thence by !Jame, NOrth thirty-seven (37) deBree:l forty-six (1.6) minutes Weot, two hundred ninety-seven And five tenths (297,5) feet to a point: thence South fifty-four (54) degrees forty-seven (47) minutes East, two hundred twenty-five (225) feet, more or less, to the Eastern edBe of the aforesaid public road; thence South fifty-four (5/1) delJrees forty-seven (47) minutes Enst, seventeen and eiBhteen hundredths (17.18) feet to the center of the aforeGaid public road; thence North nineteen (19) degrees five (05) minutes West, twenty-one (21) feet, more or less, to the plnce of BEG!NNING. BEING the same premises conveyed by Redmond S. Davis and Bertha P. Davis, husband and wife, by their deed dated November 18, 1987, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 33, Page 365. TRACT NO.2: BEGINNING at a point in the center of the Road leading from ShippensburB to Middle Spring at corner of other land of Redmond S. Davis et ux.; thence North fifty-four (54) degrees forty-seven (47) minutes East, seventeen and eighteen (17.18) hundredths feet to the Eastern edge of the aforesaid public road: thence by same, North fifty (50) degrees forty-seven (47) minutes East, two hundred twenty-five (225) feet to a point; thence by same, South thirty-seven '(37) degrees forty-six (46) minutes East, two hundred ninety-seven and five tenths (297.5) feee to land now or formerly of Howard W. Lyons; thence by same, South fifty-four (54) degrees t\.1elve (12) minuteo West, three hundred twenty-eicht (328) feet, Dlore or less, to the Eootern edge of the aforesaid public road; thence South fifty-four (5If) degrees tl1elve (12) minutes West, seventeen and eighteen hundredths (17.18) feet to the center of the (lfores'lid public road; thence by thc center of the aforesaid public rand, North nineteen (19) der,rees five (05) minutes West, three hundred thirty-eight nnd eighty-one hundredths (338.81) feet to the place of BEGINNING. BEING the same premises conveyed by Redmond S. Davis and Bertha P. Davis, busband and wife, by their deed dated November 18, 1987, and recorded in the Office of the Recorder oiDeeds of Cumberland County, Pennsylvania, in Deed Book 33, Page 365. EXCEPTING fu'lD RESERVING therefrolU that portion of the above described premises which was condemned by' the COlUffionwealth of Pennsylvania Department of Transportation for highway purposes by virtue of a certain Declaration of Taking filed May 24, 1973, in the office of the Ptothonotary in and for Cumberland County, Pennsylvania, and indexed to No. 85 September Term 1973, as the records therein more fully will appear and disclose. EXHIBIT "A"