HomeMy WebLinkAbout99-06863SHADOW OAKS ASSOCIATES,
Owner
V.
JOHN W. GLEIMJR., INC.,
Contractor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO.: rl -Z
WAIVER OF LIENS
CONTRACTOR'S WAIVER OF LIENS
THIS AGREEMENT made this 12" clay of November, 1999, between Shadow
Oaks Associates, a Pennsylvania general partnership, with its offices at 6570 Carlisle Pike,
Mechanicsburg, Pennsylvania ("Owner") and John W. Gleim, Jr., Inc., a Pennsylvania
corporation, with its offices in 90 Stover Drive, Carlisle, Pennsylvania ('Contractor').
WHEREAS, by a duly executed written agreement dated November 12, 1999
(the "Contract"), Owner and Contractor have contracted for grading, filling, compacting,
construction of a retaining wall and other site work all in accordance with the Contract (the
"Improvements") on the Property situate in Silver Spring Township, Cumberland County,
Pennsylvania (the "Property"), said Property being located at the northwest quadrant of the
intersection of Route 114 and Carlisle Pike, and more particularly described in Exhibit "A"
attached hereto and by this reference incorporated herein; and
WHEREAS, no authorization has yet been given by Owner to Contractor to
commence its work or purchase materials for same; and
WHEREAS, no work has commenced on the Property and no labor or
materials have been delivered to the Property or furnished for the Improvements by
Contractor or any sub-contractor or materialman.
NOW, THEREFORE, the Contractor, for itself, its successors and assigns and
anyone else acting or claiming through or under it, for and in consideration of the Contract
and the considerations mentioned therein, and intending to be legally bound hereby, does
hereby agree as follows:
2114 11 11
I . Waiver of Lien. Contractor hereby waives and relinquishes all rights to
file a mechanics' lien, claim or notice of intention to file any lien or claim and 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 estate or title of
Owner in the Property as described in Exhibit "A" or the curlilage or cartilages appurtenant
thereto, by or in the name of Contractor or by or in the name of any subcontractor,
materialmen or laborers for work done or materials furnished under the contract 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, or on credit thereof, and that all subcontractors,
materialmen, and laborers on the work shall look to and hold Contractor personally liable for
all subcontracts, materials furnished under the contract for and about the erection,
construction and completion of the Improvements, or under any contract for extra work, or
for work supplemental thereto, or otherwise.
2. Independent Covenant. 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 said Improvements and as to any work and labor done
and materials furnished wader the Contract.
3. Power of Attorney. In order to give owner full power and authority to
protect itself, the property, the estate or title of owner therein, and the appurtenances thereto,
against any and all liens filed by Contractor or anyone acting under or through it in violation
of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any
attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) 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 Contractor
or of any subcontractor or materialman, any and all lien or liens, filed in violation of the
foregoing covenant, or (ii) 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, lenm and number in which and where this agreement
shall have been filed shall be conclusive evidence of the authority herein to warrant such
action, and 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 the event anyone acting through or under contractor shall so file a lien in violation
of the foregoing covenant, owner may not exercise its rights under this Paragraph 3 unless
such lien has not been stricken or discharged (by payment, posting of a bond or other means)
for a period of ten days after notice of such lien shall have been received by Contractor.
4. Public Notice. This Agreement shall be filed in the Cumberland
County Prothonotary's Office as public notice hereof.
IN WITNESS WHEREOF, the said parties, intending to be legally bound
hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first
above written.
OWNER:
ATTEST: SHADOW OAKS ASSOCIATES
By: Shadow Oaks, Inc.
General Partner
,stc)-Secretary
By: a° ??
/11 (VLiEe}-Presideiff
(SEAL)
9sst? Secretary
(SEAL)
ATTEST: /J
1 UY? Pmo
(Asst.) S etary
By: Jonathan Hogg, Inc.
General Partner
By: (i?
(Vice) Pr ident
CONTRACTOR:
JOHN W. GLEIM JR., INC.
By: %f71d&?')
M(CsRt
fieC&u(L2
(SEAL)
SHADOW OAKS CONDOMINIUM ASSOCIATION
Condominium Unit No. 2
All that certain trat:t of land, located in Silver Spring Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
Beginning at a point on the line of land now or late of Meredith L., Tiffany
L. and Lee D. Barto; said point being located North four degrees, twenty-nine
minutes, thirty seconds West (N 040 29' 30" W) a distance of two hundred fifteen
feet (215.00') from the northern right-of-way line of the Carlisle Pike (U.S. Route
11) at the northeast corner of Condominium Unit No. 1; thence from said point of
Beginning, by Condominium Unit No. 1 South eighty-two degrees, zero minutes,
zero seconds West (S 82° QO' 00" W) a distance of two hundred twenty-five and
thirty-six hundredths feet (225.36') to a point; thence by Common Element No. 2
the following four (4) course. 1) North eight degrees, zero minutes, zero seconds
West (N 081 00' 00" W) a distance of thirty feet (30.00') 2) South eighty-two
degrees, zero minutes, zero seconds West (S 82° 00' 00" W) a distance of thirty-
five and twenty-seven hundredths feel (35.27') 3) by a curve to the right, having
a radius of twenty-five feet (R=25.00'), an arc distance of twenty-eight and
eighty-nine hundredths feet (AIL= 28.89'), said line having a chord bearing of
North sixty-four degrees, fifty-three minutes, forty-four seconds West (Chd.
Bng.=N 640 53' 44" W), a chord distance of twenty-seven and thirty-one
hundredths feet (Chd. = 27.31) 4) South fifty-eight degrees, twelve minutes,
thirty-three seconds West (S 580 12' 33" W) a distance of fifty feet (50.00');
thence by Condominium Unit NO. 4, North thirty-one degrees, forty-seven
minutes, twenty-seven seconds West (N 310 47' 27" W) a distance of twenty-
nine and forty-five hundredths feet (29.45') to a point; thence by the same South
eighty-three degrees, seven minutes, forty-five seconds West (S 830 07' 45" W)
a distance of one hundred fourteen and twenty-eight hundredths feet (114.28') to
a point; thence by land now or late of 6570 Carlisle Pike Inc. North six degrees,
fifty-two minutes, fifteen seconds West (N 060 52' 15" W) a distance of
seventeen and six hundredths feet (17.06') to a point; thence by the same and
Common Element No. 3 South eighty-nine degrees, five minutes, twenty-six
seconds West (S 89° 05' 26" W) a distance of two hundred twenty-one and
seven hundredths feet (221.07') to a point; thence by Common Element No. 3
the following two (2) courses 1) North six degrees, twenty-eight minutes, zero
seconds East (N 06° 28' 00" E) a distance of six hundred sixty-four and ninety-
five hundredths feet (664.95') 2) North seventy-one degrees, forty-eight minutes,
zero seconds East (N 710 48' 00" E) a distance of four hundred twenty-five and
fourteen hundredths feet (42,5.14') to a point; thence by Parcel No. 5 of land now
or late of Shadow Oaks Associates, South nineteen degrees, seventeen minutes,
thirty seconds East (S 19° *'30" E) a distance of two hundred twenty-eight and
seventy-six hundredths feet (228.76') to a point; thence by the same, by a curve
to the left, having a radius of thirty feet (R=30.00'), an arc distance of forty-seven
and twelve hundredths feet (AIL=47.12'), said line having a chord bearing of
South sixty-four degrees, seventeen minutes, thirty seconds East (Chd, Bng.= S
EXHIBIT "A"
64° 17' 30" E), a chord distance of forty-two and forty-three hundredths feet
(Chd.=42.43'); thence by Common Element No. 1 South seventy degrees, forty-
two minutes, thirty seconds West (S 700 42' 30" W) a distance of one hundred
thirty-six and fifty-eight hundredths feet (136.58') to a point; thence by the same
South nineteen degrees, seventeen minutes, thirty seconds East (S 190 17' 30"
E) a distance of seventy five feet (75.00') to a point; thence by the same North
seventy degrees, forty-two minutes, thirty seconds East (N 701 42' 30" E) a
distance of two hundred-seventy and fifty seven hundredths feet (270.57') to a
point on the western right-of-way line of S.R.0114; thence along said right-of-way
line South nineteen degrees, seventeen minutes, 30 seconds East (S 190 17' 30"
E) a distance of three hundred, forty-four and four hundredths feet (344.04') to a
point; thence by the same South twenty-five degrees, zero minutes, ten seconds
East (S 25° 00' 10" E) a distance of fifty one feet (51.00') to a point at the
northeast corner of lands now or late of Meredith L., Tiffany L. and Lee D. Barto;
thence along said lands South sixty four degrees, fifty nine minutes, fifty seconds
West (S 64° 59' 50" W) a distance of two hundred twenty four feet (224.00')
thence by the same South four degrees, twenty nine minutes, thirty seconds East
(S 040 29' 30" E) a distance of seventy and seventy three hundredths feet
(70.73') to a point, the plac'e' of Beginning.
Said tract contains 487,867.36 square feet or 11.1999 acres.
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