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HomeMy WebLinkAbout99-067361-1 ibr,n us k , P Application No. Tflf A(.iRldliEll•:N'I' %ladc and conclu,lcd 1116 r.../'lay of D.19 he;???•,•? ..DBL, a. Pennsylvania... limited partnership 0M I.. ...... - _.. party of the Gist part thcreiuafter called Owner), ANI) Donald ....B..... Leggett..._...... _ party of the arci nd part Ihrrrinlltcr called Cunlrart(,r). 1V1•IEREAS, the said parties have by a duly executed Agreement under seal, bearing even dale here- with, entered into a written contract for the erertima 111,1 compictivn of a commercial building. to be erected on See attached NOW THIS AGRLENIENT WITNRSSETH: That Contractor for and in consideration of the nvarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the cnsealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby cm•enant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilagcs appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Connxctnr personally liable for all sub-contracts, materials furnished and wort: and labor done, so that there shall nut be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect himself and the Int or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Penn- sylvania, to appear for hint, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for !tint, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialmon, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractur, or any Sub-Contractor or Materialrnan, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall he good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where. (his Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESS" PRCSRNt x ?i Oct-28-99 01:02A Q i r-? i i O ? C u ? ? FO •d q r ti O O . L GC V • ar u C1. J D C Z P.02 First American Title Insurance Company Commitment No. 8782 SCHEDULE C ALL THOSE TWO (2) CERTAIN tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit: TRACT NO. 1: All that certain tract of land being known and numbered as Lot No. 4 on the Resubdivision Plan for Lots 2 & 4 for Lands of Hempt Brothers, Inc. - Route 11 & 15, said Plan being recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 59, page 144, and also shown as Lot No. 4 on the plan titled "Declaration to Release, Terminate and Extinguish an Easement on Lots 2 and 4 Owned by Kenneth R. Snyder, Jr. and Debra D. Snyder", prepared by Brehm-Lebo Engineering, Inc., dated 10/22/1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right of Way Plan Book 12, page 38, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western right-of-way line of South Enola Drive (S.R. 0011) at the Southeast corner of Lot No. 2 on the above referenced plan, thence along the Western right-of-way line of South Enola Drive (S.R. 0011) South 05 degrees 20 minutes 05 seconds West, 280.00 feet to a point at other lands of the Grantors herein, thence along said other lands of the Grantors herein, North 84 degrees 39 minutes 55 seconds West, 135.00 feet to an iron pin; thence continuing along same, North 05 degrees 20 minutes 05 seconds East, 280.00 feet to a point at Lot No. 2 on the above referenced plan; thence along said Lot No. 2, South 84 degrees 39 minutes 55 seconds West, 135.00 feet to a point, the place of BEGINNING. UNDER 7-12D SUBJECT, NEVERTHELESS, to the Declaration to Release, Terminate and Extinguish Easements originally recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 596, page 482 as modified and amended in Misc. Book 607, page 217. TRACT NO. 2: All that certain tract of land being known and numbered as Lot No. 1B on the Preliminary/Final Subdivision Plan for Kenneth R. and Debra D. Snyder, prepared by Alpha Consulting Engineers, Inc., bearing Project No. 99124 and recorded in the Office of the Recorder of Deeds in for Cumberland County, Pennsylvania in Plan Book. , page and being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western right-of-way line of South Enola Drive (S.R. 0011) at the Southwest corner of Lot No. 4 on the above referenced plan (and Tract nl herein), thence along the Western right-of-way line of South Enola Drive (S.R. 0011), South 05 degrees 20 minutes 05 seconds West, 644.96 feet to a point at the Pennsylvania Department of Transportation right-of-way; thence along said Pennsylvania Department of Transportaion right-of-way, South 78 degrees 17 minutes 30 seconds West, 269.29 feet to a point at lands now or formerly of Quaker Realty; thence along said lands now or formerly of Quaker PA-3 (Continued on following page) Schedule C (continued) Realty, North 05 degrees 06 minutes 45 seconds hest, 63.08 feet to a point; thence continuing along same, North 02 degrees 46 minutes 00 seconds East,+ 336.71 feet to a point at the Southern edge of East Highland Avenue; thence '`. continuing along same, North 17 degrees 18 minutes 36 seconds West along 1 to a point at Lot No. lA on the above referenced subdivision plan; thence said Lot lag. lA the following two (2) courses and distances: (1) South 86 degrees 59 minutes 10 seconds East, 31.99 feet to a point; and (2) North 05 degrees 20 minutes OS seconds East, 462.56 feet to a point at Lot No. 1 on the I above referenced subdivision plan; thence along said Lot No. 1, North 05 degrees 20 minutes 05 seconds East, 130.69 feet to a point at Lot No. 3 on the above i referenced subdivision plan; thence along said Lot No. 3, South 84 degrees 39 minutes 55 seconds East, 135.11 feet to a point at Lot No. 4 on the above referenced subdivision plan; thence along said Lot No. 4 the following t2) ' courses and distances: (1) South 05 degrees 20 minutes 05 seconds Pest, 150.0000 feet to a point; and (2) South 84 degrees 39 minutes 55 seconds East, 135. feet to a point on the Western right-of-way lire of South Enola Drive (S.R. 0011), the point and place of BEGINNING. BEING the same premises which Kenneth R. Snyder, Jr. and Debra D. Snyder, his wife, by indenture dated September 16, 1999 and recorded at Carlisle in the County of Cumberland on September 21, 1999 in Deed Book 208, page 10, granted and conveyed unto DBL, a Pennsylvania Limited Partnership. ; t FTPA-*63 q.i First American Title Insurance Company Commitment No. 8782 SCHEDULE C ALL THOSE TWO CERTAIN pieces or parcels of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: LOT 1B: BEGINNING at a point on the Western right-of-way of S.R. 0011 (US Route 11/15), at the common boundary between Lot IS and Lot 4 of the lands now or formerly of Kenneth R. and Debra D. Snyder (B.168, PG. 118). THENCE South 05 degrees 20 minutes 05 seconds West along the right-of-way of S. R. 0011 a distance of 644.96 feet to a point; THENCE, continuing along said right-of-way on a curve to the left having a radius of 14,927.00 feet a distance of 184.04 feet (on a chord which bears South 04 degrees 58 minutes 53 seconds West a distance of 184.04 feet) to a point; THENCE, South 78 degrees 17 minutes 30 seconds West a distance of 269.29 feet to a point; THENCE, North 05 degrees 06 minutes 45 seconds West a distance of 83.08 feet to a point; THENCE, North 02 degrees 46 minutes 00 seconds East a distance of 336.71 feet to a point; THENCE, North 17 degrees 18 minutes 36 seconds West a distance of 40.49 feet to a point; THENCE South 86 degrees 59 minutes 10 seconds East a distance of 31.99 feet to a point; THENCE North 05 degrees 20 minutes 05 seconds East a distance of 601.25 feet to a point; THENCE, South 84 degrees 39 minutes 55 seconds East a distance of 135.11 feet to a point; THENCE, South 05 degrees 20 minutes 05 seconds West a distance of 150.00 feet to a point; THENCE, South 84 degrees 39 minutes 55 seconds East a distance of 135.00 feet to the point of BEGINNING. CONTAINING 258,902.26 S.F., or 5.9436 Ac. LOT 4: BEGINNING at a point on the Western right-of-way of S.R. 0011 (US Route 11/15), at the common boundary between Lot 4 and Lot 2 of the lands now or formerly of Kenneth R. and Debra D. Snyder (B. 168, PG. 118). THENCE South 05 degrees 20 minutes 05 seconds West along the right-of-way of S.R. 0011 a distance of 280.00 feet to a point; THENCE, North 84 degrees 39 minutes 55 seconds West a distance of 135.00 feet to a point; THENCE, North 05 degrees 20 minutes 05 seconds East a distance of 280.00 feet to a point; THENCE, South 84 degrees 39 minutes 55 seconds East a distance of 135.00 feet to the point of BEGINNING. CONTAINING 37,800.64 S.F. or 0.8677 Ac. BEING PART OF the same premises which Hempt Bros., Inc., a Pennsylvania corporation, by indenture dated November 19, 1997 and recorded at Carlisle in the County of Cumberland on November 20, 1997 in Deed Book. 168 Page 118, granted and conveyed unto Kenneth R. Snyder, Jr., and Debra D. Snyder, husband and wife, in fee. PA-3