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HomeMy WebLinkAbout01-0302 91/04/2001 12:16 FAX 8144534530 I KNOX LAW FIRM 141005 f ~, '" l WESTMINSTER DEVELOPMENT, LLC ) Owner(s) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS, County of Cumberland and ":' :.' ~" State ofPeonsylvania ODYSSEY BUILDERS, INC. Contra:t\toI(s) No.Ol - ;]O~ Term, 2000 MEc;HANlC'S LIEN WAIVER TlUS AGREEMENT, Made and enie,:ed inro this the ~ day of January, 2001, by and betwOOlllhe Owncr(s) of the Ciey of Erie, County of Erie, and Slate of Pennsylvania and the Conrractor(s) oflne Township oiMillereek, Couney oiErie and State of Pennsylvania. WHEREAS, the Owncr(s) have this day entered into a written contract with the Conttaclor(s) for the Erection ofa commercial building in ""eordancc wjth certain plans and 'pecifications, and for the furnishing and providing ofmatcrials and labor necessary therefore upon a plot of ground being all that cerrain piece or parcel ofland ,imate in the Township of Shippensburg, County ofCumbcrland and Sl.... of Pennsylvania, boUllded and described as follows, ro.wit: SEE: EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF NOW, THEREFORE, il is h...by s~pulal'd .~illl agreed by and botWcen the said panics as pan Of said C......., and for thc consideration therein set f'orth- before any gfrhc: abgve:~nslri.Jcd.on is commenced thai: Conuactot~ for him.self~ itsel~ themseJvesr hls~ her, its and their subODllmeta.., and all panics acting lhrough 0' undcr him, if or them, COVCDllIIlS and agrcos that no mechanic's claims or liens shall be filed or maintained by him" them, or any ofthcm against tbc~buildinG5 Bnd the leis of ground appuncnant themlo. or EIJ'ly oflhem. for or on account of any woll< done or llUllerials lUmishod by him, !hem, ~y oftham, under this COIW'llCl or otherwise, fOr toWards, in or aba"llh. erection and i:onS1l1lClion of the said buildings. or 3llY of them and,Camraccar, for himsclf, h....lf, itself, lhelDselvOS, his, her, ilS and lhoir subconlraClllrs and others under him, her Of thc:m. hereby expressly w~ and relinquishes the right 10 have. file or maintain any mechanics lien or claim asmnst the buildings or llIIY oflhcm, and dun thi, agreemenl wliiving lhe righl oflien shall be 1lII independent covenanl and shllll opcraIC and be effective as well with respect to wark and labor done and malClials filmished under any 5upplemental contract, verbal or writtml or conlnCt fC'lr ~Jtb'a work in the ereQtion and cQnstrUcdon of the sBid buildings ~:~, ~rk. and labor done 1IJ1d mareriaJs furnished under this CDdtI'aCl This sliplllalion is made and intended ro~ T.1~dwilh the Cumberland County PrOthonotary in accordance with the requirements ofthe Act of Assembly of1his State in such CISC$ made and provided.. IN WITNESS WJlEREOF, the said panies berew bav.c hereunto set lhoir hands and scalll the day and year fll'Slabav. wrillen. .-'1 .1.\1 TMlNSTER L.S. aw-" L.S. .~d4U ;f:~ . ~[ David Perm'l:an - loS. .,.! ,;.,-' \,0- { ~. CcmIl'llClor(s) '_\, J-';;' ,; l ~.i {;:_~- ".", ,,,,- -,~ ., . ~1/04/2001 12:16 FAX 8144534530 I KNOX LAW FIRM I4i 006 . . ~ EXHIBIT "A" ALL that certain lot of grolllid with the buildings and improvements erected thereon, situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin on the Northwest Side of East King Street, also known as U.S. Route 11, at line ofland formerly of Steve Lewis, now Viola Lewis Stratos and Louis Stratos,her husband.; thence with said Stratos land North forty-five (45) degrees West one hundred six and five tenths (106.5) feet to a steclpin; thence continuing with same North eighty- five (85) degrees eleven (11) minutes West one hundred twelve (112) feet to a steel pin at line of land of Edwin H. Craig; thence with the same North forty-five (45) degrees East two hundred seventy-four and eighty-three hundredths (274.83) feet to a steel pin at line of other land of Edwin H. Craig; thence with the sameanft land ofW. A. Thompson South forty-five (45) degrees East one hundre5J,. ninety-tWo(19't) feet to a steel pin on the Northwest side of said East King Street, also known as U.S. Route 11; thence with the same South forty-five (45) degrees West two hundred two and eighty-three hundredths (202.83) feet to the first mentioned point and place of BEGINNING, according t?:?lan of J.H. Rife, RE, January 3, 1956. ", Said premises being more specifically described in accordance with a survey prepared by Orangevi.l1e Smveying Consultants, Inc., dated October 10,2000 and revised October 30, 2000, as follows: (:. '... ~ BEGINNING at a point on the northern right-of-way line of State Route No. 0011 (King Street), said point being the southwest comer oflands now or late of H.O.R., Inc. and the southeast comer oflands herein described, then along the northerly right-of-way line of State Route 0011, (King Street), south 45 degrees 00 minutes 00 seconds west 202.92 feet to a point; then along lands now or late ofNikolaos A. and Loukia N. Balafoutas and passing through a drill hole 0.56 feet from the last described point, anil;$'ough a set iron pin 2.56 feet from the last described point north 45 degrees 00 minutesJ 4'seci;lnds west 102.26 feet to an. iron pipe found; then along lands of the same north 85 degfees'11Illiiiutes 06 seconds west 111.32 feet to an iron pipe found; then along lands now or late of EliZl!,peth S. Craig-White, crossing a 20 foot wide sanitary sewer easement and crossing Burd Run nq'rQ145 degrees 00 minutes 00 seconds east 274.83 feet to an iron pin set; then along lands now 0111ate ofH.O.R., Inc. and crossing Bun! Run south 44 degrees 59 minutes 53 seconds east 187.25 feet to a point the place of beginning, said last bearing passing through an iron pin set on line; 0.56 feet north of the comer first herein described. Containing 0.942 acres (41,051.96 sqUare feet) ofland. r'l_~_~~~"_,, ., __'_ ~, ,~- ,.' "" ., ::~ I I I I I i , i. l' i. , i L', ~~. ~ _" ~ ~T' "' ~~ .-.~_."--- ..;tlI " ~ ",.....""- ,. .". - e' . A".","'i"""'-~~-'>~""'-'-,_ 'h-,"-'''~~'''' y__-'~',~~_ _ ~~ -~- _"'-~< >, ='. 0 c.~ ~:~ 0 -6Q. -CfT-: .,,'::::> ~ m(~"i ~ ~ Z::J.' zC-" C(}<~: U' [- . ~f-l 8 ,- , ........ ~~'~ " () _~_I (j"'- - ')"': ~ =-i :'.) -.:.v tv -< en -., " ~ "J ';:' . f ...,.~...__""~~~,..,)m5iJ:!!''l.w.;;~I''!'!R.I'i'''''<~'i'.'i-~~I.,,,/j''''M~~IImJIj~I~l~~~~