HomeMy WebLinkAbout00-08766
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DEC. -[8' OOIMONI [[:08
PEOPLESBANK
TEL: 717 747 9276
P.002
SUpulalJorllii AQalnEl~ Wans
Outer Bal1/~' Limited Parfller.sh;p
OWflU
>In tbe f!:Olltt oj lItollullon ~~l''''' QJ;Olll1t~ of
Cumberland, Pennsylvama
Docket Number
Term
McMichael Cans/ruetion. Inc.
ComrQrr(lr
Page Number 00 - J>? I.. b
f17tJ)!-~
Dated: December 20, 2000
Wllmall, McMichael Construction, Inc. ('ConlracloO of 2137 Embassy Drive, Suite 111. Lancaster. PA 17603 has
entereel into a contract with Outer Ban.s ~imited Partner.hlp ("owne(') of 2171 Tall Oaks Lane, Yor.. PA 17403.590~
for the erection or construction of a new day care school upon the lot of groLlnd known as 4955 Woodlanc:l Drive, Enola. PA
17025, 1 acre lot in WOOelland Office Par.. described in Exhloit "A" her.of, of which o"t.r Banks Limilecl partner.hip Is the
title holder af recordj and
U'r[Jel'CLlS', it is the intention of Owner and Contractor that (lelther said lot of ground nor the improvements erectecJ or to be
erected thereon shell be subject to a lien for debts due Owner 10 Contractor or by Conlractor' to any subcontractor' for labor
or materials furnished 11'1 the said erection or constructioll, anI;! that the right of anyone to claim any such lien be waived
hereby.
j1.QW, 'Otbiit ~Ht'I,!:elllelll Wittte$uetb: That Contractor, for and in consic1eration of tnQ contract aforesaid anQ the
considerations mentioned thereunder, as well as the further consideration of One pollar ($1.00) to it in hand paid by the
Owner al or before. the sealing ancl delivery of Ihese presents. the receipt of whiCh is hereby ac.nowiedgecl, end Intending
to be legally bound hereby, daas herapy COVBrlallt, promise and agreel for Contractor and any and all subconlractors,
materialman, laborars and partios aCllng for, through or under Ccntractor, that no mechanics' lien or claim or other lien or
claim ,of any Kind whatsoever shall be filad or mailltainecl against the building, Impro~ments, lot of ground or any part
hereof. or the cLlrtll~ge or cLlrtilages apPLlrtenant thereto by anyone, and that all subcontractors, materialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done,
~nb this agreement. waiVing the right of lien by anyone. snail be an independent covenant and shall operate and be
effective wllh respect to work clone and materials f1.lrnisl1ed uncler allY supplemental conlraet for extra work in tile erection.
construction and completion of the building as well -as to any wOr'k and labor d0l18 and materials furnished under the
contract aforesaid.
I!!nb, in orcler to give the Owner 1\.111 power and a"thority to protect Owner and the ouilding, improvements and lot of
ground, against flny and all claims filed by Contractor or anyone acting uncter or lhrough Contractor In violation of the
foregoing covenant, Contractor hereby irrevocably authorIzes and empowers any Attorney of any Court of Common pleas
of the Commonwealth of Pennsylvania to appear far Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and In ,Contractor's name, mark satisfied of record at the cost and expense Qf the Contractor, or' of any
subcontractor or materialman, any and ElII claims or claim. liens or lien. filed by or for the Contrflctar, or any supcontractor
or materlalmi!ln, or In the name of anyone or more of ttlem against the pulIdlng, Improvements, lot of groLlnd or any P2lrt
thereof, and, for such act or aels, this shall be good and slJfficient warrant and authority. an~ a reference: to the Court,
Term anel Number In WhiCh this instrument Shall heve ~een nlecl Shall be a sufficient eXhibit of the a"thorlty herein
contaIned to warrant slJch actionl and the Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defects and imperfections whatsoever bi entering suoh satisfactIon of In anywIse touching or concernIng the
same.
Witness our hand and seal the day and year aforesaid.
Slgneel and seeled In the pre.ence of:
.If
OUTER
MITED PARTNERSHIP
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Fllo No. 00.77
McMiCHAE~ CONSTRUCTION, INC.
By: ~Vl/J~~lfres
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EXHIBIT" A"
ALL that certain parcel of land situate in Hampden Township, Cumberland County,
Pennsylvania, being shown and designated as Lot 1 on a plan entitled "Subdivision Plan for
Woodland Drive Subdivision" , by Dawood Engineer, Inc" plan dated October 19, 2000, and
last revised November 11, 2000. Said parcel being more fully described as follows:
BEGINNING at a concrete monument to be set on the southern right-of-way line of
Woodland Drive, said monument being South eighty-five (85) degrees, twenty-five (25)
minutes, six (06) seconds West, a distance of one hundred eighty-four and forty-seven one-
hundredths (184.47) feet from an existing rebar; thence leaving said right-of-way and
passing through lands of Woodland OP, LP as described in Deed Book 225, page 315, the
following three (03) courses and distances: (1) South seven (07) degrees, thirty-seven (37)
minutes, fourteen (14) seconds West, a distance of two hundred eleven and eighty-three
one-hundredths (211.83) feet to an iron pin to be set; (2) South eighty-five (85) degrees,
twenty-five (25) minutes, seven (07) seconds West, a distance of one hundred eighty-five
and eighty-six one-hundredths (185.86) feet to an iron pin to be set; (3) North ten (10)
degrees, twenty-eight (28) minutes, nineteen (19) seconds West, a distance of two hundred
eight and fourteen one-hundredths (208.14) feet to an iron pin to be set on the southern
right-of-way line of Woodland Drive; thence along said Woodland Drive right-of-way, North
eighty-five (85) degrees, twenty-five (25) minutes, six (06) seconds East, a distance of two
hundred fifty-one and ninety-nine one-hundredths (251.99) feet to a concrete monument to
be set, the point and place of BEGINNING. Containing 1.041 acres more or less.
BEING the same premises which Woodland OP, LP, a Pennsylvania limited partnership, by
Deed dated December 20, 2000, and intended to be recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Outer
Banks Limited Partnership, a Pennsylvania limited partnership.
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