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HomeMy WebLinkAbout99-01876 ." 1ft;.. J'i 7t f't1 L.j) WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS THAT: COLDSMITH CONSTRUCTION (the "Contractor") AND MAHLON N. ZIMMERMAN (the "Owner") entered into a certain contract (the "Contract") for the performance of certain work and Improvements (coftectively, the "improvements") on certain real property located in Southampton Township, Cumbertand County, Pennsylvania (the "Premises"), as described on Exhibit "A" attached hereto and made a part hereof; and NOW, THEREFORE, in consideration of the execution and delivery of the Contract and intending to be legally bound hereby, Contractor, for itself, its successors and assigns, and all subcontractors and other parties acting through or under it or them, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the Premises or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractors, materialmen, laborers or others for work done or for any tolls, equipment, materials or supervision or other services fumished under the Contract or any subcontract and supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the premises or any parts thereof, or on credit thereof. 990322 2;46pm (lIen..wall This Waiver of Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services fumlshed under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and materials fumlshed under the Contract. In order to give Owner full power and authority to protect Itself, and the Improvements and the Premises against any and all claims tiled by Contractor, or by any subcontractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor, for itself. its successors and assigns, and all such persons, hereby Irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for it, them or any of them, in any such Court as Attomey for It or them, and in his, its or their name, mark satisfied of record, at the cost and expense of the Contractor or of any such subcontractor, laborer or materialman, or in its or their names, any and all mechanics' liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Improvements or the Premises or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the Docket in which and where this instrument shall have been filed shall be 3 sufficient exhibit of the authority therein contained to warrant such action, and the Contractor, for itself and all subcontractors, laborers, and materialmen, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. 990322 2:48pm (lIens.wall 2 .' EXHIBIT A DEED I ALL THOSE CERTAIN two tracls of land with improvements erected Ihereon, situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. I: BEGINNING at an iron pin at the inlerseclion of the northern right of way of Legislative Route #21048 with the northwestern right of way line of a limited access highway known as Interstale Route 81; thence along Ihe northern righl of way of said Legislative Route #21048, North 66 degrees 59 minutes 37 seconds West. 168 feet to an iron pin; thence by the same, North 62 degrees 33 minutes 43 seconds West, 249.62 feet to an iron pin; thence by lands now or fonnerly of Floyd Bausennan, North 41 degrees 10 minutes 42 seconds East, 169.S I feel 10 an exisling iron pin; thence by the same North 59 degrees 14 minutes 23 seconds West, 120 feet 10 an existing iron pin; thence by lands now or fonnerly of Beatrice M. Hershey, North S6 degrees 02 minutes 22 seconds West, 150.15 feet to an exisling iron pin; thence by the same, South 41 degrees 02 minutes 07 seconds West, 199,88 feet to an iron pin located in the center of said Legislative Route #21048; thence by Ihe centerline of said Legislative Route #21048 along a curve to Ihe right having an arc distance of 50 feet. a radius of 1,165.08 feet and a chord bearing North SO degrees 58 minutes 55 seconds Wesl, SO feet to an iron pin; thence by lands now or fonnerly of Robert L. Jamieson, North 41 degrees 02 minutes 07 seconds Easl, 200.55 feet to an existing iron pin; thence by Ihe same, North 46 degrees S7 minutes 53 seconds West, J SO feet to an existing iron pin; Ihence by lands now or fonnerly of AI-Don Partners, North 41 degrees 02 minutes 07 seconds East, 490.19 feel 10 an iron pin; thence by Ihe same; North 67 degrees 13 minutes 53 seconds East, 174.85 feet to an iron pin; thence by the same, South 79 degrees 43 minutes 07 seconds Easl, 235 feel to an iron pin; thence by Ihe same, North 10 degrees 58 minutes 53 seconds East, 442 feet to an iron pin; thence by the same, North 49 degrees 0 I minute 07 seconds West, 174 feet to an iron pin; thence by the same, North 79 degrees 01 minule 07 seconds West, 145 feet to an iron pin; thence by Ihe same and by lands now or fonnerly of Paul D. Bremer and also by lands now or fonnerly of Lloyd J. Wagner, North 08 dr.grees 44 minutes 53 seconds East, 484.50 feet 10 an exisling iron pin; thence by lands now or fonnerly of Ihe said Lloyd J. Wagner, North 08 degrees 15 minutes 07 seconds West, 125 feet to an existing iron pin; thence by the same, South 44 degrees 30 minutes 23 seconds West, 18S.70 feet to an iron pin; thence by lands now or fonnerly of Glenn L. Glessner, William H. Helman and Karen L. Linard along a curve to the left having an arc distance of 159.65 feet, a radius of 391.50 feet and having a chord bearing North 06 degrees 06 minutes 23 seconds West, 158.54 feet to an' iron pin; thence by other lands now or fonnerly of Galen Asper, North 42 degrees 13 minutes East 223.67 feet to an iron pin; thence by the same, South 48 degrees 27 minutes East, 420.75 feet to an existing iron pin; thence by lands now or fonnerly of William D. Swisher and by other lands now or late of Glenn S. Asper, South 76 degrees 47 minutes 00 seconds East, 864.92 feet to a point; thence along Ihe northwestern righl of way line for a limited access highway known as Interstate 81, South 22 degrees 57 minutes 36 seconds West, 4.56 feet to an iron pin; thence by the same, South 29 degrees 22 rninules 55 seconds West, 296.60 feet to an iron pin; thence by Ihe same, South 26 degrees 43 minutes 50 seconds West, 131.60 feet to an iron pin; thence by the same, South 62 degrees 21 minutes 20 seconds West, 62.50 feet to an iron pin; thence by the same, south 30 degrees 38 minutes 10 seconds west, 321.50 feel to an iron pin; thence by the same, south 26 degrees 45 minutes 22 seconds West, 521.24 feet to an iron pin; thence by the same, south 32 degrees 35 minutes 04 seconds west, 128.68 feet to an iron pin; thence by the same, south 29 degrees II minutes 40 seconds west, 510 feet to an iron pin; thence by the same, South 35 degrees 28 minutes 10 seconds West, 212.28 feet to an iron pin; the place of BEGINNING. CONTAINING 37.453 acres pursuant to a survey prepared by Wilbur H. Clifton, R.S., dated November I, 1986. 4 . . TRACT NO.2 BEGlNNINO at a point located on the northwestem right of way line of a Iimiled access highway known as Inlerslale 81 localed at a comer of Tracl No. I described above; Ihence by other lands now or lale ofOlenn S. Asper herein described as Tract No. I above. North 76 degrees 47 minules 00 seconds West. 335.62 feello an existing pile of slones; Ihence by lands now or formerly of William D. Swisher, North 4 I degrees 44 minutes 32 seconds East, 1394.58 feet to an iron pin; Ihence along Ihe northwcstem righl of way line for a limiled access highway known as Inlerslate 81. Soulh 27 degrees 49 minules 20 seconds West, 20.80 feet 10 an iron pin; thence by Ihe same, South 35 degrees 49 minules 12 seconds West, 128.00 feel 10 an iron pin; Ihence by the same, South 29 degrees 07 minutes 42 seconds West, 374.86 feet to an iron pin thence by the same, South 17 degrees 48 minutes 53 seconds East, 4 I .34 feet to an iron pin; thence by the same, Soulh 30 degrees 36 minules 52 seconds West. 93.95 feet to an iron pin; thence by the same, South 26 degrees II minules 04 seconds West. 161.28 feet to an iron pin; thence by Ihe same, Soulh 28 degrees 56 minutes 18 seconds West, 176.06 feel 10 an iron pin thence by the same, South 32 degrees 23 minules 10 seconds West, 212.40 feet 10 an iron pin; Ihence by Ihe same, South 22 degrees 57 minutes 36 seconds West, 75.04 feet to a point located along Ihe northweslem righl of way line of Interstate 81, the place of beginning. CONTAINING 4.598 acres as per survey prepared by Wilbur H. Clifton. BEING THE SAME PREMISES which Richard M. Hursl. John R. Broderick and Kenneth E. Hardy, Co. Partners tJdlb/a H.B.H. Associates, a PA Partnership. by deed daled April 24, 1991 and recorded April 25, 1991 in the Recorder of Deeds Omce in and for the Counly of Cumberland, Pennsylvania in Record Book B-35, Page 727, granted and conveyed unto Mahlon N. Zimmerman. his heirs and assigns. DEED 2 ALL THA T CERTAIN tract or parcel of unimproved land situale in Southampton Township, Cumberland County, Pennsylvania, being further bounded and described as follows: BEGINNING at an existing iron pin, a common comer with other land now or formerly ofMahlon N. Zimmerman, grantee herein, and land now or formerly of Galen S. Asper; thence along said land now or formerly of Galen S, Asper, Nonh twenty three (23) degrees thirteen (13) minutes thiny seconds East one thousand four hundred twenty five and forty three hundredths (1425.43) feet to an iron pin set sixty five (65) feet from the center line of the Conrail railroad tracks; thence along land now or formerly of Eastern Real Estate Co. South eighty five (OS) degrees sixteen (16) minutes fifty two (52) seconds East one hundred fifty four and fifty hundredths (154.50) feet to an iron pin set fifty (50) feet from the center line of the railroad tracks; thence continuing along land now or formerly of Eastern Real Estate Co. South seventy nine (79) degrees forty two (42) minutes thiny five (35) seconds East five hundred fifty and zero hundredths (550.00) fect to an iron pin settifty (50) feet from the center line of the railroad tracks; thence continuing along land now or formerly of Eastern Real Estate Co. South sixty nine (69) degrees forty two (42) minutes forty three (43) seconds East two hundred one and sixty hundredths (201.60) feet to an iron pin set eighty five (85) feet from the center line of the railroad tracks; thence continuing along land now or formeriy of Eastern Real Estate Co. South seventy nine (79) degrees fony two (42) minutes thirty five (35) seconds East eighty and eighty two hundredths (80.82) feet to an iron pin set eighty five (8S) feet from the center line of the railroad tracks and also on the westerly right of way line of Inlerstate 81 (S.R. 0081); thence along the said westerly right of way of 1..81 South twenty nine (29) degrees five (05) minutes twenty seven (27) seconds West two hundred and nine hundredths (200.09) feet to a set iron pin; thence continuing along the westerly right of way of 1-81 South thirty (30) degrees two (02) minutes forty four (44) seconds West seventy one and twenty four hundredlh (71.24) feet to an existing iron pin, a common comer with aforementioned other land now or fonnerIy of Mahlen N. Zimmerman; thence along said land now or formerly ofMahlon N. Zimmerman south forty one (41) degrees twenty two (22) minutes thiny (30) seconds West one thousand three hundred thiny one and fifty eight hundredths (1331.58) feet to an existing iron pin; thence continuing along land now or fonnerJy of Mahlen N. Zimmerman North seventy. 5 '. six (76) degrees fony Iwo (42) mlnules thiny (30) seconds Wesl five hundred Iwenly six and elghly five hundredths (526.S5) feel 10 an exislins iron pin, Ihe poinl of beginning. CONTAINING a tOlal area of 25.692 acres. SUBJECT 10 alSO' elcclric easemenl of Pennsylvania Elcctrlc Company, a 10' sanitary sewcr casemenl of Cumbcrland Franklin Joinl Municipal AUlhority, a triangular shaped drainage easemenl for 1-81 of the Commonwealth of Pennsylvania. and any and all comments, covenants, regulations. restrictions, conditions, easemenls, right of ways, sel backs, elc, that are shown on the hereinafter mentioned plan. or arc visible or apparenl, or are of record. BEING LOI No.5 on a plan enlilled "Land Subdivision for William D. Swisher" by Carl D. Ben, P.L.S. dated February 28, 1992 which was approved by the Soulhhampton Township Supervisors AugusI 24, 1992 and recorded in Ihe Office of Ihe Recorder of Deeds for Cumberland Counly in Plan Bool< 6S, Page 6S. BEING THE SAME PREMISES which William D. Swisher and Evelyn L. Swisher, by deed daled May 13, 1994 and recorded in the RecorderofOeeds omce in and for Ihe County of Cumberland, Pennsylvania in Deed Book 105, page 1122, granted and conveyed unlo Mahlon N. Zimmennan, his heirs and assigns. 6 ~ '). r;, "'I l ...' ("'7 , ... '" t,:, - ~ ). . (J: ',- ~ :- f:- i:r. ".. ,.. ( ~I S '" " \k {f!,: (. ~ o. r-- t:.~. '. f' -, I, -. c.; C,, ~ .::j; ~ 0, (~ ~ ~ '" . . ~ .