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Home My WebLink About01-2117 FX .~ +--' L 1 MECHANICS' LIEN WAIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY To Be Indexed As Follows: FR DICKINSON PROPERTY HOLDING, L.P. Plaintiff vs. THE NORWOOD COMPANY Defendant MECHANICS' LIEN DOCKET and also as follows: NO. 0/-;).1/1 THE NORWOOD COMPANY Plaintiff vs. FR DICKINSON PROPERTY HOLDING, L.P. Defendant Property: The Property owned in fee by FR Dickinson Property Holding, L.P., located in Dickinson Township, Cumberland County, Pennsylvania, and more particularly described on Exhibit "A" attached hereto and made a part hereof. F. MICHAEL WYSOCKI, ESQUIRE Saul Ewing LLP Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102-2186 Attorney ill No. 16159 595467.14/6101 JY'i';;;~?~" _~ ~'Hl~ij >_,'/!!IIIi!!I~~.,.... "I _~- ,- ,,~ I ,,' ~ ." ., ,~. ro', . ~^.~.",- ~> ~ , Ol-,;!/lf.. j"\L,\) WAIVER OF MECHANICS' LIENS KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, THE NORWOOD COMPANY (the "Contractor") has entered into a Construction Contract, as may be amended, modified, or supplemented (the "Contract") to erect, construct, alter, renovate or repair improvements upon the property (the "Property") of FR DICKINSON PROPERTY HOLDING, L.P. ("Owner") located in Dickinson Township, Cumberland County, Pennsylvania and more particularly described on Exhibit "A" attached hereto and made a part hereof. WHEREAS, as part of the Contract, Contractor agreed that no lien shall be filed against the Property or any building or improvements thereon by itself or by any subcontractor or materialmen or any other person furnishing labor or materials under the Contract, and agreed to execute and deliver a Waiver of Liens for filing. NOW, THEREFORE, in consideration of the Contract, Contractor, intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that no mechanic's lien or claim shall be filed or maintained by Contractor or any such subcontractor or party, against any part of the Property or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under or pursuant to the Contract, as amended, modified, or supplemented, or in or about the erection, construction, renovation, alternation, installation or completion of the work; and Contractor, for Contractor, for any and all subcontractors and for any and all parties acting for, through or under Contractor or any subcontractor, hereby waives and relinquishes the right to have, file or maintain any mechanic's lien or claim against any part of the Property or any building or improvements thereon. No mechanic's lien or claims shall be filed by anyone. This Waiver is made by Contractor and intended to be filed in accordance with the requirements of the Pennsylvania Mechanics' Lien Law of 1963, as amended and supplemented, with the Prothonotary of the Court of Common Pleas of the County in which the Property is located. Each of the terms, provisions, covenants and conditions of this Waiver shall, as the case may be, be binding upon and inure to the benefits of Owner, Contractor, each subcontractor of Contractor, and each party acting for, through or under Contractor, or such subcontractor, and the respective heirs, executors, administrators, successors and assigns of each and any of them and any entity hereafter acquiring an interest in the Property. 595467.14/6101 ',,:;~~. n'~ ,," ,_ Jr., ." 1-'-_' , ' ~, ~-=~ ,- . IN WITNESS WHEREOF, Contractor and Owner have duly executed this Waiver of Mechanics' Liens as of the L day of April, 2001. CONTRACTOR By: Name:-;;i~ ~ Title~ YJ ~, ~_ OWNER: FR DICKINSON PROPERTY HOLDING, LP By: FR Dickinson General Partner, LP, its sole general partner By: FR Dickinson Second LLC, its sole general partner By: FR Dickinson, LLC its sole member By: FR Development Services, Inc. its sole mbe '1 By: Name: A. Richar Astheimer Title: Senior Vice President 449266.14/6/01 "-, 1 -1_ ,- I . ~ EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY (LOT C - PLAN BOOK 81 PAGE II) ALL THAT CERTAIN piece, parcel or tract of land together with all buildings or structures erected thereon being situate in Dickinson Township, County of Cumberland, State of Pennsylyania, being more fully bounded and described as follows, to wit: BEGINNING at a concrete monument on the northern line of True Temper Drive, a sixty (60) foot wide right-of-way, said monument being South seventy degrees forty-five minutes twelve seconds West (S 70045' 12" W) and one thousand one hundred six and fifty-three hundredths (1106.53) feet from a concrete monument at the southeast corner of lands of Allen Distribution Inc., at the western line of Allen Road (T-687), a sixty (60) foot wide right-of-way; thence along said northern line of True Temper Driye South seventy degrees forty-five minutes twelve seconds West (S 70045' 12" W) five and twelve hundredths (5.12) feet to a concrete monument; thence along the right-of-way line of the cul-de-sac portion of Garden Drive by a curve to the right haying a radius of fifteen and zero hundredths (15.00) feet, an arc distance of twenty-two and sixty-eight hundredths (22.68) feet to a concrete monument; thence along the same by a curve to the left having a radius of seventy and zero hundredths (70.00) feet, an arc length of one hundred fifty-three and four hundredths (153.04) feet to a concrete monument at the western front comer of Lot A of the PreliminaryfFinal Subdivision Plan of the A.C. Kuhn Tract recorded in Plan Book 81, Page 11 at the Cumberland County Courthouse, Carlisle P A, in the Recorder of Deeds Office; thence along Lot A the following three courses and distances: (1) North fifty-five degrees thirty-two minutes seventeen seconds West (N 55032' 17" W) a distance of ninety-six and eighty-four hundredths (96.84) feet to an iron pin; thence (2) South seventy-nine degrees twenty- seven minutes forty-three seconds West (S 790 27' 43" W) a distance of one thousand nine hundred ninety and eighty-nine hundredths (1,990.89) feet to an iron pin; thence (3) South seventy-six minutes fifty-eight seconds West (S 760 26' 58" W) a distance of two hundred fifty and zero hundredths (250.00) feet to a concrete monument; thence along lands now or formerly of Helen T. Hobbie, North thirteen degrees thirty-three minutes two seconds West (N 130 33' 02" W) a distance of eight hundred sixteen and six hundredths (816.06) feet to an iron pin; thence along lands now or formerly of Dennis R. & Carol A. Straub, North seventy-three degrees thirty- seyen minutes fifty-nine seconds East (N 730 37' 59" E) a distance of three hundred thirty-three and seventy-six hundredths (333.76) feet to a concrete monument on the western line of Lot D of the aforesaid Subdivision Plan for the A.C. Kuhn Tract; thence along Lot D South thirty degrees fifty-three minutes fifteen seconds East (S 300 53' 15" E) a distance of one hundred seventy-two and eight hundredths (172.08) feet to an iron pin; thence along the same North seventy-eight degrees ten minutes twenty-nine seconds East (N 780 10' 29" E) a distance of three hundred fifty-nine and sixty-three hundredths (359.63) feet to an iron pin at lands now or formerly of Eric J.& Hope M. Comeau; thence along said lands of Comeau North seventy-eight degrees ten minutes twenty nine seconds East (N 780 10' 29" E) a distance of three hundred fifty-six and eighty-nine hundredths (356.89) feet to an iron pin; thence along the same North thirteen degrees 595467.1416101 ~'ll~'" - ~ ~-,-~ '" ~r- r=''-~'" T" " ~ ",",',," ." ~. -'~"i , .' seven minutes fifty-four seconds West (N 13001' 54" W) a distance of two-hundred forty-four and twenty-three hundredths (244.23) feet to an iron pin; thence along Lots No.9, 8, and 7 of the Final Subdiyision Plan for Enola Construction Company recorded in Plan Book 81, Page II at the Cumberland County Courthouse, Carlisle P A, in the Recorder of Deeds Office, North seventy-eight degrees nine minutes forty-four seconds East (N 780 09' 44" E) a distance of one thousand eighty-six and ninety-four hundredths (1,086.99) feet to an iron pin; thence along the latter, Lot 7, North ten degrees thirty-one minutes eight seconds West (N lOo 31' 08" W) a distance of thirty-eight and ninety-one hundredths (38.91) feet to an iron pin; thence along the Lots No.7 and 6 of the aforesaid Subdivision Plan for Enola Construction Co., North seventy- nine degrees twenty-eight minutes fifty-two seconds East (N 79028' 52" E) a distance of three hundred ten and zero hundredths (3lO.00) feet to an iron pin at lands of Allen Distribution Inc.; thence along lands of Allen Distribution, Inc., South ten degrees thirty-two minutes seventeen seconds East (S lOo 32' 17" E), a distance of one thousand one hundred ten and six hundredths (I llO.06) feet to a concrete monument on the northern right-of-way line of Garden Drive, the Place of BEGINNING. BEING TAX PARCEL 08-09-0527-025. AND (LOT D - PLAN BOOK 81 PAGE II) ALL THAT CERTAIN piece, parcel or tract of land together with all buildings or structures erected thereon being situate in Dickinson Township, County of Cumberland, State of Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a concrete monument on the southern right-of-way line of Alexander Springs Road, a fifty (50) foot wide right-of-way; thence departing from the POINT of BEGINNING and the southern right-of-way of Alexander Springs Road, along lands now or formerly of Mildred V. and Melvin E. Cornman, South sixty-two degrees twenty-three minutes fifty-seven seconds East (S 620 23' 57" E), a distance of three hundred forty-nine and twenty-two hundredths (349.22) feet to an iron pin at lands now or formerly of Eric J. and Hope M. Comeau; thence along said lands of Eric J. and Hope M. Comeau, South nine degrees four minutes forty-five seconds East (S 090 04' 45" E), a distance of six hundred forty-four and ninety hundredths (644.90) feet to an iron pin at the northern line of Lot C of the Preliminary/Final Subdivision Plan of the A.C. Kuhn Tract recorded in Plan ofthe A.C. Kuhn Tract recorded in Plan Book 81, Page 11 at the Cumberland County Courthouse, Carlisle P A, in the Recorder of Deeds Office; thence along said northern line of Lot C, South seyenty-eight degrees ten minutes twenty-nine seconds West (S 780 lO' 29" W), a distance of three hundred fifty-nine and sixty-three hundredths (359.63 feet to an iron pin; thence along the same, North thirty degrees fifty-three minutes fifteen seconds West (N 30053' 15" W), a distance of one hundred seventy-two and eight hundredths (172.08) feet to a concrete monument at lands now or formerly of Dennis R. and Carol A. Straub; thence along said lands of Dennis R. and Carol A. Straub, North thirty degrees fifty-three minutes fifteen seconds West (N 300 53' 15" W), a distance of six hundred two and seventy-eight hundredths 449266.1 4/6/01 '-,~~~ ~~ ,. ~ - ~ ~ ~~ --- ..I '"' ,- \ (602.78) feet to a concrete monument on the southern right-of-way line of Alexander Springs Road; thence along said right-of-way line North fifty-eight degrees thirty minutes forty-eight seconds East (N 580 30' 48" E), a distance of three hundred ninety-six and ninety-eight hundredths (396.98) feet to a concrete monument, the Place of BEGINNING. BEING TAX PARCEL 08-09-0527-009. AND ALL 'fRAT CERTAIN piece, parcel or tract of land together with all buildings or structures erected thereon being situate in Dickinson Township, County of Cumberland, State of Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the center of Alexander Springs Road, a sixty (60) foot Right-of-Way, said point being West of the center of the intersection of Alexander Springs Road and Allen Road a distance of three thousand four hundred forty-one (3441) feet, more or less, measured along the centerline of Alexander Springs Road; thence along lands now or formerly of Mildred V. and Melvin E. Cornman, South sixty-two degrees twenty-three minutes fifty-seven seconds East (S 620 23' 57" E), a distance of seven hundred twenty-three and sixty-eight hundredths (723.68) feet to a Y2 inch diameter iron pin; thence along Lots No. 10 and No.9 of the Final Subdivision Plan for Enola Construction Company, recorded in Plan Book 74, Page 12, in the Recorder of Deeds Office in the Cumberland County Courthouse at Carlisle, Pennsylvania, South eleven degrees seven minutes thirty-one seconds East (S 110 01' 31" E), a distance of two hundred and ninety-five hundredths (200.95) feet to a % inch diameter rebar; thence along Lot "C" of the Final Subdivision Plan for A.C. Kuhn Tract, recorded in Plan Book _81, Page 11, in the Recorder of Deeds Office in the Cumberland County Courthouse at Carlisle, Pennsylvania, South thirteen degrees seven minutes fifty-four seconds East (S 13001' 54" E) , a distance of two hundred forty-four and twenty-thr~e hundredths (244.23) feet to a 3/8 inch iron pin; thence along the same, South seventy-eight degrees ten minutes twenty-nine seconds West (S 78010' 29" W), a distance of three hundred fifty-six and eighty-nine hundredths (356.89) feet to a point at the Southeast comer of Lot "D" of the aforesaid Kuhn Subdivision; thence along Lot "D", North nine degrees four minutes forty-five seconds West (N 09004' 45 W), a distance of six hundred forty- four and ninety hundredths (644.90) feet to a % inch diameter rebar; thence along the same, North sixty-two degrees twenty-three minutes fifty-seven seconds West (N 62023' 57" W), a distance of three hundred seventy-eight and thirty-five hundredths (378.35) feet to a PK nail in the center of Alexander Springs Road; thence along the centerline of Alexander Springs Road, North fifty-eight degrees twenty minutes twenty-two seconds East (N 580 20' 22" E), a distance of fifty-nine and sixty-eight hundredths (59.68) feet to a railroad spike, the Place of BEGINNING. 595467.14/6101 il'!i1-"," I. ~~- '1 ., ~r-" "CO' , _~..____ ~ ~<.-- ,Ii .. ~ ." ~.. l. il C C:,' ~~ ~ (=::;, ,'] :.,) '-' 0 (:::) .-.- - 0 - ~ .'1:::\ ~ ~ . i".~ C:> ,'-- ~':.) ~ "" ~ ~ .~._" " -.-{ ", -< ()l :::::; -<: ~ l f) t; ..;r-' ~ , , i'---.. =, ~ "_~r,nrtr!~ 0 ",-".~.('-'ll!'-..~.~.~. .~_,~ l~ _!J.IltNUllll~ -'!IIlT ~T_~''''m:'*,,>;, ':""'iT,~"<! ,.,fS;;1';;~ F:'1'^"","2~~\7','lM~)f~'H%f~:U"!?:'V-<:I'.!.",,!.1i:}i"1!"-\k":~~:g\!I!'f;!i~~,%l?iW!f~""