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HomeMy WebLinkAbout03-2997IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SS Gardens LP, Owner Hogg Construction, Inc., Contractor CERTIFICATE OF LOCATION: I hereby certify that the location of the real estate is in the Township of Silver Spring, Cumberland County, Pennsylvania CIVIL DIVISION TYPE OF PLEADING: Waiver of Liens COUNSEL OF RECORD Keith A. Hassler, Esquire PA I.D. # 32297 9 North Beaver Street York, PA 17401 (717) 846-1664 WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS THAT: Hogg Construction, Inc. (the "Contractor") SS Gardens LP (the "Owners") entered into a certain contract (the ~Contract") for the performance of certain work and improvements (collectively, the (~Improvements") on certain real property located in the Township of Silver Spring, Cumberland County, Pennsylvania (the ~Premises"), as described in Exhibit WA" 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 liens 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 supervisions or other services furnished under the Contract or any subcontract and supplements, amendments or revisions 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. THIS WAIVER OF LIENS shall be an independen~ covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor due and materials furnished under the Contract or any subcontract. IN ORDER to give Owner full power and authority to protect itself, and the Improvements and the Premises against any and all claims filed 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 Attorney 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 a 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. THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of ~6e~-R'-COunty, Pennsylvania, pursuant to the provisions of the Act of Augn~st 24, 1963, P.L. No 497, as supplemented and amended, and the receipt for such filing will be delivered to Ovzner. WITNESS the due 2003. ATTEST: Ti execution hereof this ~0~'~day of January, ~tractor: -~ ~ Hogg Cfn~struction, Inc. ATTEST: By: Title: Owner: SS Gardens LP By: Central PA Equities 2 General Partner LLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS. On this, the ~'~day of January, 2003, before me, the undersigned officer, personally appeared DAVID H. HOGG and acknowledged that he is the managin9 member of Central PA Equities 2 LLC, general partner of SS Gardens LP, and that he as such managing member, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such managing memt)er. IN WITNESS WMEREOF I have hereunto set my hand and notarial seal. Notary Public NOTARIAL SEA~. KEITH A. HASSLER, Notary Public S~ingettsbury Twp. York County My Commission Expires June 25, 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS. On this, the ~0~of 3fwo~ , 2003, before me, the undersigned officer, personally appeared JAMES W. HOGG and acknowledged that he is the President of HOGG CONSTRUCTION, INC., and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by sig-ning the name of the corporation by himself as said President. IN WITNESS WHEREOF I seal. have hereunto set my hand and notarial Notary Public NOTARIAL SEAL - L,.c ~ ;~^SSLER, Nota~ v'uo. ;.. TWr, York County Spnr~'~' ~' .~' '~ 25,2005 EXHIBIT A Ail that certain tract of unimproved ground, situate on the northerly side of Ashburg Drive, in the Township of Silver Spring, County of Cumberland, the Commonwealth of Pennsylvania, being known as Lot 61 and shown on this ALTA/ACSM Land Title Survey for Springwood Development Corp., surveyed by J. Haines Shertzer Associates on October 8, 2002, and being more fully bounded and described as follows: BEGINNING at and Iron Rebar, set, on the northerly Right-of-Way Line of Ashburg Drive, 50 feet wide, a corner of land, Now or Late of Eastern Development & Planning, Inc., also known as Lot 60, recorded in Plan Book 76 Page 6; Thence along Lot 60, North 12 degrees 36 minutes 5 seconds West, a distance of 65.19 feet to a Rebar, found, a corner of land Now or Late of W. Bennett Conner, Jr. and Marcia B. Conner, recorded in Plan Book 28 Page 149; Thence along the same, North 74 degrees 11 minutes 40 seconds East, a distance of 558.74 feet to a Rebar, set, a corner of Now or Late Cumberland Valley School District, recorded in Plan Book 65 Page 11; Thence along the same the following two courses and distances: 1.) South 15 degrees 48 minutes 35 seconds East, a distance of 429.99 feet to a Rebar, found; 2.) South 52 degrees 39 minutes 45 seconds East, a distance of 54.29 feet to a Rebar, set on the northwesterly Right-of-Way Line of Legend Lone, 50 feet wide; Thence along the same, in a line curving to the right, having a radius of 25.0 feet, an arc length of 35.62, the chord of said arc being South 77 degrees 07 minutes 45 seconds West, a distance of 32.68 feet to a Rebar, set on the northeasterly side of Ashburg Drive; Thence along the same the following two courses and dist2ances: 1) North 62 degrees 06 minutes 50 seconds West, a distance of 382.60 feet to a Rebar, set; 2.) in a line curving to the ].eft, have a radius of 540.0 fee, an arc length of 324.05 feet the chord of said arc being North 79 degrees 19 minutes 00 seconds West, a distance of 319.21 feet to the Place of Beginning. Containing 2.949 Acres.