Loading...
HomeMy WebLinkAbout00-08766 .-,- . ~. .. ,- . .........-ll' 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 =J_I2fJ- ~(~~/'T~. Fllo No. 00.77 McMiCHAE~ CONSTRUCTION, INC. By: ~Vl/J~~lfres I ':'.>11")",,' 2 ~- ,j -~ ". -~ -.:.- .,' ~, ~, Jf!J ..' 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. ~.L'.~ ';;;';'~_I!~_~;l2ji!i~i>ki!i!iH-~';:';;';'.',Wflfili~~I!lli_I'-"-"~' ' ~~ 0\ tJ V) ~ .l::. -. ...0 o - "-~,."'- ~ o o D- r;! ~ i3 , ~"'- "= ,,-. . (") c: s: ~[U mr-;-,_ ~~? ~C} 2:: C) be., >>c z :< o Q c:J ,1'1 ,...., N C' -,; . -... :1:"" :.1i: 'P. N &"" -n ~ ,d ,:::J ;;:~~ ,-'- ::I! ':)() (Sin --'i 20 =< ~