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HomeMy WebLinkAbout01-5814SHIPPENSBURG TOWNHOUSES, LLC ) Owner(s) ) ) ) and ) ) ODYSSEY BUILDERS, INC. ) Contractor(s) ) IN THE COURT OF COMMON PLEAS, County of Cumberland State of Pennsylvania No. OI-5'~t~ c.;~,d Term, 2001 MECHANIC'S LIEN WAIVER THIS AGREEMENT, Made and entered into this the ~ day of October, 2001, by and b~ween the Owner(s) with its principal office located at 2601 West 26t~ Street, Erie, Pennsylvania, 16506 and the Contractor(s) of 1521 Lowell Avenue, Erie, Pennsylvania, 16505. WHEREAS, the Owner(s) have this day entered imo a written contract with the Contractor(s) for the Erection of a 30- unit apartment building in accordance with certain plans and specifications, and for the furnishing and providing of materials and labor necessary therefore upon a plot of ground being all that certain piece or parcel of land situate in the Township of Shippensburg, County of Cumberland and State of Pennsylvania, bounded and described ~s follows, to-wit: SEE EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as part of said Contract and for the consideration therein set forth, before any of thc above conshmction is commenced that Contractor, for himself, itself, themselves, his, her, its and their subcontractors, and all parties acting through or under him, it or them, covenants and agrees that no mechanic's claims or liens shall be filed or maintained by him, them, or any of them against the buildings and the lots of ground appurtenant thereto, or any of them, for or on account of any work done or materials furnished by him, them, or any of them, under this contract or otherwise, for towards, in or about the erection and construction of the said buildings, or any of them and Contractor, for himself, herself, itself, themselves, his, her, its and their subcontractors and others under him, her or them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics lien or claim against the buildings or any of them, and that this agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work and labor done and materials fiunished under any supplemental contract, verbal or written or contract for extra work in the erection and construction of the said buildings os to work and labor done and materials furnished under this contract. This stipulation is made and intended to be tiled with the Cumberland County Prothonotary in accordance with the requirements of the Act of Assembly of this State in such cases made and provided. IN W1TNESS WHEREOF, the said parties hereto have hereunto sct thair hands and seals the day and year first above written. SHIPPENSBURG TOV(NHOUSES, LLC ~M'~ael J. Redl~s~,, I',~ anager Owner L.S. David Penm~ Con,actor(s) E~!RIBIT "A" ALL THAT CERTAIN tract of land situate in Shippensburg Township, Cumberland County, Pennsylvania, being Lot 3 of the Subdivision Plan for Bard Meadows as prepared by Stephen G, Fisher, R.S,, dated (revised date) February 6, 1987, and recorded in Cumberland County Plan Book 53, Page 51, and more fully bounded and described as follows: BEGINNING at a railroad spike near the intersection of the centerline of Bard Road (T-306) and Middle Springs Road (Pennsylvania Route 264-A), said railroad spike further being located twelve and forty-six hundredths (12.46) feet east of the centedine of the aforementioned Middle Springs Road; thence by a line through said Middle Springs Road, South nineteen degrees twenty-two minutes twenty-three seconds East (S 19° 22' 23" E), four hundred forty-four and ninety-seven hundredths (444.97) feet to a railroad spike, said spike being twelve and sixty-eight hundredths (12.68) feet west of the centerline of Middle Springs Road; thence leaving said road along lands now or formerly of Harold D. Miller, South fifty degrees seven minutes fifty-nine seconds West (S 50° 07' 59" W), two hundred thirty-five and ninety-eight hundredths (235.98) feet to a point; thence by same South twenty-three degrees forty-one minutes twenty-nine seconds East (S 23° 41' 29" E), ninety and zero hundredths (90.00) feet to a point; thence by lands now or formerly of Charles Ramsey Rae, South fifty degrees seven minutes fifty-nine seconds West (S 50° 07' 59" W), one hundred eighty-one and nine hundredths (181.09) feet to a fence post; thence by same, South fifty-five degrees fifty-three minutes thirty-four seconds East (S 55° 53' 34" E), fifty-six and seventeen hundredths (56.17) feet to an iron pipe; thence by lands now or formerly of Paul T. Proctor and B. W. Brechbill, South fifty-four degrees five minutes five seconds East (S 54° 05' 05" E), two hundred eight and sixty- five hundredths (208,65) feet to an iron pipe; thence by lands now or formerly of Jeffrey L. Gruver, South sixteen degrees fifty-two minutes forty-nine seconds West (S 16° 52' 49" W), one hundred seventy-three and seventy hundredths (173.70) feet to a point; thence by lands now or formerly of Robert P. Wyrick and Wadel Masons, South sixteen degrees thirty-three minutes zero seconds East (S 16° 33' 00" E), two hundred thirty-nine and fifty hundredths (239.50) feet to an iron pin; thence by lands now or formerly of Donald E. Stine, South seventy degrees thirty-one minutes twenty-nine seconds West (S 70° 31' 29" W), two hundred nineteen and fifty hundredths (219.50) feet to a point; thence by lands now or formerly of Stine and lands now or formerly of Robert J. Gruver and John T. Gruver, South seventeen degrees twenty-nine minutes seven seconds East (S 17° 29' 07" E), three hundred forty-one and forty-six hundredths (341,46) feet to a fence post; thence by lands now or formerly of John R. Wagaman, South forty-one degrees thirty-two minutes three seconds East (S 41° 32' 03" E), sixty-two and forty-five hundredths (62.45) feet to an iron pin; thence by lands now or formerly of Joseph Fink, South zero degrees fifty-one minutes twenty-three seconds East (S O0° 51' 23" E), eighty-four and sixty-five hundredths {84.65) feet to a fence post; thence by lands now or formerly of Harold L. Miller, North eighty-six degrees thirty-four minutes forty-nine seconds West (N 86° 34' 49" W), four hundred forty-nine and zero hundredths (449.00) feet to a point; thence by same, South nine degrees twenty-three minutes fifty seconds East (S 09° 23' 50" E), ninety-four and twenty hundredths (94-.20) feet to an iron pin; thence by same, South zero degrees eighteen minutes forty-one seconds East (S 00° 18' 41" E), one hundred ninety-one and zero hundredths (191.00) feet to a railroad spike in Hot Point Avenue T-303; thence by a line in Hot Point Avenue, North seventy- nine degrees nineteen minutes thirty-three seconds West (N 79° 19' 33" W), fifty-three and ninety-six hundredths (53.96) feet to a point; thence leaving said road by a line in and through Middle Spring Creek the following eight (8) courses and distances: (1) North seven degrees thirty-four minutes fifty-seven seconds West (N 07° 34' 57" W), one hundred seventy-nine and fifty-three hundredths (179.53) feet to a point; thence (2) North fifty-three degrees nineteen minutes thirty-two seconds West (N 53° 19' 32" W), one hundred forty-six and fifty hundredths (146,50) feet to a point; thence (3) North thirty-four degrees twenty-five minutes seven seconds West (N 34° 25' 07" W), three hundred four and ninety-six hundredths (304.96) feet to a point; thence (4) North six degrees thirty-nine minutes thirty-one seconds East (N 06° 39' 31' E), one hundred one and zero hundredths (101.00) feet to a point; thence (5) North sixty-three degrees zero minutes twenty-nine seconds West (N 63° 00' 29" W), forty-five and zero hundredths (45.00) feet to a point; thence (6) North twenty-five degrees fifteen minutes twenty-nine seconds West (N 25° 15' 29" W), ninety and zero hundredths (90.00) feet to a point; thence (7) North eleven degrees twenty minutes twenty-nine seconds West (N 11° 20' 29" W), one hundred fourteen and zero hundredths (114.00) feet to a point; thence (8) North forty-seven degrees forty-five minutes twenty-nine seconds West (N 47° 45' 29" W), eighty-four and seventy-five hundredths (84.75) feet to a point; thence leaving said Middle Spring Creek by land now or formerly of The Shippensburg Borough Authority, North thirty-four degrees fifty-five minutes thirty-one seconds East (N 34° 55' 31" E), two hundred and zero hundredths (200.00) feet to a point; thence by same, North twenty-eight degrees eighteen minutes two seconds West (N 28° 18' 02" W), eight hundred fifty-nine and eight hundredths (859.08) feet to a point; thence by same, North seventy-two degrees twelve minutes forty seconds West (N 72° 12' 40" W), one hundred thirty-one and fifty-nine hundredths (131.59) feet to a point in the centerline of Bard Road T-306; thence by said centerline on a curve to the right having a radius of three hundred ninety-one and seventy-five hundredths (391.75) feet and a length of one hundred forty and seventy-seven hundredths (140.77) feet to a point; thence by same, South seventy-seven degrees twenty-seven minutes thirty-six seconds East (S 77° 27' 36" E), five hundred sixty-two and thirty-eight hundredths (562.38) feet to a point; thence by same on a curve to the left having a radius of two hundred thirty-seven and four hundredths (237.04) feet and a length of eighty-six and nineteen hundredths (86.19) feet to a point; thence leaving said road and along Lot No. 2 as shown on the aforementioned Plan of Bard Meadows, South thirty-three degrees fifty-six minutes eighteen seconds East (S 33° 56' 18" E), one hundred seventy-three and thirty-five hundredths (173.35) feet to a point; thence by same, North fifty-six degrees three minutes forty-two seconds East (N 56° 03' 42" E), two hundred fifty and zero hundredths (250.00) feet to a point; thence by same, North thirty-three degrees fifty-six minutes eighteen seconds West (N 33° 56' 18" W), one hundred fifty and zero hundredths (150.00) feet to a point in the centedine of the aforementioned Bard Road T-306; thence by a line in and through Bard Road, North fifty-six degrees three minutes forty-two seconds East (N 56° 03' 42" E), fifty-seven and fifty hundredths (57.50) feet to a point; thence by same, North fifty-two degrees two minutes twenty-four seconds East (N 52° 02' 24" E), three hundred sixty-eight and thirty-seven hundredths (368.37) feet to a railroad spike; the place of BEGINNING. Said premises bearing Cumberland County Tax Assessment Index No. 36-32-2269-023A.