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Home My WebLink About07-2823WAGMAN CONSTRUCTION, INC. 3290 Susquehanna Trail North ` P.O. Box 15076 York, PA 17405, ~€ Ccs~frac'~'or v. ASBURY ATLANTIC, INC. 201 Russell Avenue Gaithersburg, MD 20877, l~e€e~ OwK¢~' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Q ~ - ~-~ a-3 M 1-D WAIVER OF LIENS PURSUANT TO 49 P.S. SECTION 1402 THIS WAIVER is made this c~ day of May, 2007, by Wagman Construction, Inc., of 3290 Susquehanna Trail North, York, Pennsylvania ("Contractor"), for the benefit of Asbury Atlantic, Inc., of 201 Russell Avenue, Gaithersburg, Maryland ("Owner"). THE BACKGROUND of this Waiver is as follows: A. By a duly executed written agreement bearing the date of April 18, 2007 . (the "Contract"), Owner and Contractor have contracted for site work and the construction of 47 new residential units located at 325 Wesley Drive, Mechanicsburg, Pennsylvania (the "Improvements") to be erected on real estate described in Exhibit "A," attached hereto (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained on the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, by any party providing work, labor or materials, directly or indirectly, to Contractor as part of Contractor's performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the cartilages appurtenant thereto. NOW THIS WAIVER WITNESSETH: The Contractor, for any party acting or claiming through or under it, for and in consideration of the Contract, the posting of a payment bond pursuant to 49 P.S. § 1401, and other considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right 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 or the cartilage or cartilages appurtenant thereto, 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 and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or 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. This Waiver shall be an independent covenant and shall operate and be effective as well as 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 Contract. IN WITNESS WHEREOF, Contractor has executed this Waiver as of the date and year first above written. Witness agman Constr ion, c. David L. Cross, i ent Order Nurtyber: HL214202CP Ftie # 10-691-572 EXHIBIT A BETHANY VILLAGE WESLEY AFFILIATED SERVICES, INC. LOWER ALLEN TOWNSHIP,.CUMBERLAND COUNTY DESCRIPTIVE NARRATIVE -EAST SIDE OF WESLEY DRIVE ALL those certain pieces, parcels and tracts of land in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania and being more particularly bounded and described according to an ALTA/ACSM Survey of Bethany Village by Rettew Associates, Inc., certified by Gerafd A. Worley, R.S., drawing No 014744-01, dated May 24, 2002 last revised December 11, 2002 as follows to wit: BEGINNING at a point on the dividing line between lands now or formerly Lower Allen Township and herein described tract of sand, said point being on the eastern legal right of way line of Wesley Drive (S.R. 2021); thence by said dividing tine the following two{2) courses and distances: 1. Along a line curving to the right having a radius of 300.00 feet, an arc length of 86.33 feet and a chord bearing of N 53 degrees 02' 43" E a distance of 86.03-feet to a point; 2. N 61 degrees 17' 20" E a distance of 75.00 feet to a point on the dividing Ilne between The Methodist Home for Children and herein described tract of land; Thence by said line the following ten (10) courses and distances: 1. S 28 degrees 42' 40" E a distance of 53.55 feet to a point; 2. N 61 degrees 17' 20" E a distance of 521.24 feet to a point; 3. N 74 degrees 15' 17" E a distance of 151.16 feet to a point; 4. N 47 degrees 37' S1" E a distance of 111.73 feet to a point; 5. N 74 degrees 10' 23" E a distance of 265.72 feet to a point; 6. N 62 degrees 29' 44" E a distance of 112.30 feet to a point; 7. N 50 degrees 42' 20" E a distance of 133.69 feet to a point; 8. N 20 degrees 03' 31" W a distance of 128.34 feet to a point; 9. N 50 degrees 44' 06" E a distance of 228.46 feet to a point; 10. N 84 degrees 56' 36" E a distance of 611.89 feet to a point on the dividing line between the lands now or formerly Georg F. & Jerssie Brown and the herein described tract of land; Thence along the Lands of Brown and lands now or formerly Lot 1 Block L, Lot i Black P, Robert & Dorothy Failor, Susan Staub & Joann Seker and Kenneth Balkovic 5.23 degrees 48' 18" E a distance of 775.51 feet to a point; thence along lands of Balkovic and lands now or formerly Samtr J. & Gllifan Srouji, V. Eugene Kllmore, Capital Area RT Association and Sandra L. Hauck S 54 degrees 54' S2" W a distance of 1544.56 feet to a point on the dividing line between lands now or formerly Bethany Development Corporation and the herein described tract of land; thence continuing along lands of Bethany Development Corporation the following seven {7) courses and distances: =~~ ~~4PG~4~ Order Number: HL214202CP Flle # 10-891-572 EXHIBIT A (continued) 1. N 46 degrees 38' 08" W a distance of 229.08 feet to a point; 2. N 27 degrees 37' 31" W a distance of 150.00 feet to a point; 3. S 62 degrees 22' 29" W a distance of 170.00 feet to a point; 4. N 27 degrees 3T 31" W a distance of 52.00 feet to a point; 5. S 62 degrees 22' 29" W a distance of 35.00 feet to a point; 6. N 15 degrees 44' 41" W a distance of 120.09 feet to a point; 7. S 61 degrees 28' S2' W a distance of 409.18 feet to a point on the eastern right of way line of Wesley Drive (S.R. 2021); Thence along the said right of way line the following two (2) courses and distances: 1. N 19 degrees 49' 48" W a distance of 138.72 feet to a point; 2. Along .a line curving to the left having a radius of 1195.92 feet an arc length of 429.91 and a ,chord bearing N 30 degrees 07.41" W a distance of 427.59 feet to a point, the place of $EGINNING. Containing 44.34 acres, more or less. BETHANY VILLAGE WESLEY AFFILIATED SERVICES, INC. LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY DESCRiPTIVE NARRATIVE -WEST SIDE OF WESLEY DRIVE ALL those certain pieces, parcels and tracts of land in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania and being more particularly bounded and described to an ALTA/ACSM Survey of Bethany Village by Rettew Associates, Inc., certified by Gerald A. Worley, R.S., drawing no. 014744-01, dated May 24, 2002 last revised December 11, 2002 as follows to wit: BEGINNING at a point on the dividing line between lands now or formerly David 0. & Isabel C. Watkins and herein described tract of land, said point being on the western legal right of way line of Wesley Drive (S.R. 2021); thence along said right of way line the following five (5) courses and distances: 1. S 44 degrees 09' 46" E a distance of 17.62 feet; 2. Along a line curving to the right having a radius of 1095.92 feet, an arc length of 191.27 feet and a chord bearing of S 27 degrees 41' 38" E a distance of 191.03 feet to a point; 3. S 09 degrees 34' S3" E a distance of 48.51 feet to a point; 4. S 19 degrees 49' 48" E a distance of 166.44 feet to a point; 5. Along a line curving to the left having a radius of 1333.24 feet, an arc length of 406.37 feet and a chord bearing of S 28 degrees 33' 42" E a distance of 404.79 feet to a point at the dividing line between lands now or formerly Bethany Development Corporation and the herein described tract; ~7~PG~4~~~ ' Order Number: H1214202CP File #10-891-572 EXHIBIT A (continued) Thence along lands of Bethany Development Corporation the following two (2) courses and distances: 1. S 19 degrees 55' 44" E a distance of 387.56 feet to a point; 2. N 43 degrees 28' 07" E a distance of 158.37 feet to a point on the western right of way line of Wesley Drive (S.R. 2021); Thence along said right of way Ilne the following eight (8) courses and distances: 1. S 44 degrees 43' 31" E a distance of 67.91 feet to a point; 2. S 51 degrees 57' 22" E a distance of 106.72 feet to a point; 3. S 69 degrees 52' 20" E a distance of 107.11 feet to a point;. 4. Along a line curving to the left having a radius of 1343.24 feet, an arc length of 738.48 feet and a chord bearing of S 79 degrees 49' 42" E a distance of 729.22 feet to a point; 5. N 79 degrees 27' 16" E a distance of 105.39 feet to-a point; 6. Along a line curving to the left having a radius of 1338.24 feet, an arc length of 134.34 feet and a chord bearing of S 77 degrees 02' 45" E a distance of 134.28 feet to a point; 7. N 74 degrees 10' 12' E a distance of 420.94 feet to a point; 8. Along a Hne curving to the right having a radius of 1208.24 feet, an arc length of 678.93 feet and a chord. bearing of S 89 degrees 43' S6' E a distance of 670.03 feet to a point on the northern legal right of way line of Old Gettysburg Pike (S.R. 2027); Thence along-said right of way line the following two courses and distances: 1. S 32 degrees 06' 12" W a distance of 247.82 feet to a point; 2. S 39 degrees 32' 41" W a distancx of 100.00 feet to a point; Thence S 50 degrees 27' 19" E a distance of 18.00 feet to a point in the center line .of Old Gettysburg Pike; thence by said center line the following two wurses and distances: 1. S 39 degrees 32' 41" W a distance of 334.51 feet to a point; 2. S 40 degrees 13' 30" W a distance of 1720.03 feet to a point; t Thence leaving said center line and along lands now or formerly Pennsylvania Power and light Company the following three {3) courses and distances: 1. N 50 degrees 17' 36" W a distance of 275.00 feet to a concrete monument; 2. S 39 degrees 43' 15' W a distance of 250.07 feet to a concrete monument; 3. S 50 degrees 17' 36" E a distance of 275.00 feet to a point (n the center fine of Old Gettysburg Pike (S.R. 2027); Order Number: HL214202CP Rle #10-891-572 EXHIBIT A (continued) Thence by said center line the following three courses and distances: 1. S 38 degrees 42' 27" W a distance of 177.35 feet to a point; 2. Along a line curving to the right having a radius of 5000.00 feet, an arc length of 275.49 feet and having a chord bearing S 40 degrees 17' 09" W a distance of 275.45 feet to a point; 3. S 41 degrees 51' S2' W a distance of 31.14 feet to a point; • Thence along lands now or formerly Wildon L. Meldin, Jr. and lands now or formerly Smith Land Improvements Corporation N 28 degrees 26' 18" W a distance of 1486.01 feet to a stone; thence along lands now or formerly Star Enterprise N 29 degrees 11' 27" W a distance of 754.92-feet to a point in the center line of Wlison Lane; thence by said center line the following two (2) rnurses • and distances: 1. Along a line curving to the right having a radius of 1300.00 feet, an arc length of 115.10 feet and having a chord bearing N 58 degrees 01' 46" E a distance of 115.07 feet to a point; 2. N 60 degrees 33' S8" E a distance of 36.13 feet to a point; Thence along lands now oi• formerly Healthsouth Sub-Acute Center of Mechanicsburg, Inc. the following two courses and distances: 1. N 29 degrees 03' 37" W a distance of 350.41 feet to a rebar; 2. S 60 degrees. 56' 23" W a distance of 149.49 feet to a rebar; Thence along Healthsouth lands and lands now or formerly Star. Enterprises N 29 degrees 03' 37" W a distance of 605.99 feet to a rebar; thence along lands of.Star Enterprises and a fourteen (14) foot private right of way N 41 degrees 46' 01" E a distance of 986.35 feet to a point, the place of BEGINNING. Containing 105.45. acres, more or less. BEING the same premises which Wesley Affiliated Services, Inc., now by merger, Asbury Atlantic, Inc., a Maryland non-profit corporation by deed dated October 25, 2006, effective October 27, 2006, being recorded immediately. prior hereto conveyed unto Asbury Atlantk, Inc., a Maryland non-profit corporation. \v ~~ p~ i"' Y rya ~~ Q ,'.m ~~ tJ'1 ---i S r~7 -,-t fT, 7 ;~.J .] ~! ~ - t ::~: ?`~ ..J i-: