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HomeMy WebLinkAbout03-2734MECHANIC'S WAIVER OF LIENS This instrument executed this .,,gq'Onday of ~'Y~B~t , 200~, by R. S. ~'bwe ,rT/& Sons~ Inc. , with a principal place of business at. Creek Blvd., M~chanicsbu~, P^ ("Contractor") in favor FSIP CARLISLE. LLP ("Owner")~whose address is: 9 Old Lincoln Highway, Suite 104 Malvern, PA 19355 WITNESSETH: A. Owner and Contractor have entered into a certain construction contract(collectively, the "Contract") for the erection and construction or renovation of improvements ("Improvements") to real estate located in the Township of North Middleton, Cumberland County, Pennsylvania more fully described on Exhibit "A" attached hereto and made a part hereof ("Property"). B. By the terms of the Contracts, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens would be filed or maintained against the Improvements or the estate or title of Owner in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else for or on account of any work, labor, or materials supplied in the performance of the Contracts or under any supplemental contract, or for extra work, or in the erection, construction, or completion of the Improvements on the Property or any appurtenance thereto. NOW, THEREFORE, in consideration of the Contract and the covenants of the Owner therein contained and intending to be legally bound hereby: 1. The Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or notice of intention to file any lien, and does hereby covenant, promise, and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of the Owner in the Property or the appurtenances thereto by or in the name of Contractor or any subcontractor, materialman, or laborer for work done or materials furnished under the Contracts or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction, and completion of the Improvements as to any work and labor done and materials furnished under the Contracts. 3. In order to give the Owner full power and authority to protect itself, the Improvements, the Property, the estate of title of Owner therein, and the appurtenances thereto against any and all liens filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear as Attorney for it, them, or any of them in any such Court and in its or their name or names to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor or materialman any and all lien or liens filed in violation of the foregoing covenant, or cause to be filed and served in connection with such lien or liens any pleading or instrument or any amendment to any pleading or instrument previously filed by it or them and to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts, this instrument shall be good and sufficient warrant and authority. A reference to the court, term, and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and the Contractor for itself and for them hereby remises, releases, and quit- claims all rights and all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument, or amendment or in any way concerning them. IN WITNESS WHEREOF, the undersigned Contractor has executed this instrument as of the day and year first above written. A'I'I't~ST/WITNESS: (Corporate Seal) L-~Name: Tr~,¥ A. Ott Title: dist. Corp. Secretary B y'~ ~.~ ~~ k (SE AL ) Name:. B r ~-'~c o ' ~.ut hR~s ~z~B ~fo Title: Executive Vice President Addmss:. 1000 Bent Creek Boulevard Mechanicsburq, PA 17050 2 STATE of Pennsylvania COUNTY OF Cumberland SS. On the day of t'lC.~, , 2003, before.me, the undersigned officer, personally appeared Bruce G. Rosendale, v~ho acknowledged himself to be the Executive Vice President of R. S. Mowery & Sons, Inc., a Pennsylvania Corporation, the Contractor named in the within Waiver of Liens and that as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained in signing the name of the Contractor as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: lMyNOTARIAL SEAL TRACEY A. OT'[, Notmy Pul>lb Silver Spring Twp., Cumberland County Commission Expires March 31, 2007~ EXHIBIT "A" Description of Property EXHIBIT "A" ALL THAT CERTAIN piece, parcel and lot of land situate at the southwest corner of the intersection of Harrisburg Pike (SR 011) and Post Road (T-710) in the Township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania, as shown on an ALTA Survey for Brynavon Group, Inc., prepared by J. Michael Brill & Associates, Inc., dated March 25, 2003, Job No. 1021, being more fully bound and described as follows, to wit: BEGINNING at a point in the centerline intersection of Harrisburg Pike (SR 011) and Post Road (T-710); thence through said Post Road South seventeen degrees five minutes zero seconds East (S 17° 05' 00" E) a distance of 1104.92 feet to a point near the centerline of Henderson Mill Tail Race at lands now or formerly of the United States of America; thence by said lands North eighty degrees thirty-six minutes zero seconds West (N 80° 36' 00" W) a distance of 188.93 feet to a point in said Tail Race; thence by said lands and through said Tail Race the following six (6) courses and distances: (1) North twenty-five degrees nine minutes zero seconds West (N 25° 09' 00" W), a distance of 49.71 feet to a point; (2) North thirty degrees fourteen minutes zero seconds West (N 30° 14' 00" W) a distance of 127.42 feet to a point; (3) North forty-three degrees twenty-nine minutes four seconds West (N 43° 29' 04" W) a distance of 71.57 feet to a point; (4) North eight degrees thirty minutes forty-three seconds West (N 08° 30' 43" W) a distance of 73.68 feet to a point; (5) North thirty-one degrees thirty-eight minutes zero seconds West (N 31° 38' 00" W) a distance of 51.87 feet to a point; (6) North seventy-six degrees sixteen minutes zero seconds West (N 76° 16' 00" W) a distance of 103.76 feet to a point at lands now or formerly of Terry L. and Marie T. Hegglin; thence by said lands North twenty-eight degrees thirty minutes zero seconds West (N 28° 30' 00" W) a distance of 530.10 feet to a point in the centerline of Harrisburg Pike (SR 011); thence by said centerline North sixty-one degrees thirty minutes zero seconds East (N 61° 30' 00" E) a distance of 441.72 feet to a point, the point of BEGINNING. CONTAINING 7.20 acres, more or less. TOGETHER with all of the herein grantor's right and title to the following granted to The Mutual Life Insurance Company of New York by the said Marcus Acheson McKnight and Harriet B. McKnight, his wife: A permanent easement and right of way, including the perpetual right to enter at any time upon the same and construct, maintain, repair and operate sewer lines and/or mains at a depth of at least five (5) feet below the surface, over, across, through and under other lands now or formerly of Marcus Acheson McKnight and Harriet B. McKnight adjoining the herein described premises on the south. Said easement and right of way shall be adjacent to and parallel with the existing public road leading from U. S. Route No. 11 (Harrisburg-Carlisle Highway) to the Poor House Road and shall be fifteen (15) feet in width from the western line of said public road and extend for said width from the southern line of the premises herein described to the southern line of other property now or formerly of Marcus Acheson McKnight and Harriet B. McKnight (which point is in the center of the Letort Spring at property of the United States Government), together with the right to excavate and refill ditches and/or trenches for the location of said sewer lines and/or mains. UNDER AND SUBJECT to any utility easements that may affect said premises. FURTHER UNDER AND SUBJECT to all restrictions, reservations, easements, covenants, conditions and rights-of-way of record. BEING THE SAME PREMISES which The Mutual Life Insurance Company of New York, a New York corporation, by deed dated January 24, 1991, recorded August 14, 2000 in Dauphin County Record Book 227, Page 96, granted and conveyed unto AMP Incorporated, a Pennsylvania corporation. AMP Incorporated changed its name to TYCO Electronics Corporation, a Pennsylvania corporation, Grantor herein.