HomeMy WebLinkAbout03-4466SHIPPENSBURG TOWNHOUSES, II,
LLC
Owner(s)
)
and )
)
ODYSSEY BUILDERS, INC. )
Contractor(s) )
IN THE COURT OF COMMON PLEAS,
County of Cumberland
State of Pennsylvania
No. O~ -4q~ I~/~) Term, 2003
MECHANIC'S LIEN WAIVER
THIS AGREEMENT, Made and entered into this the ~ dayof September, 2003, by and between the
Owner(s) with its principal office located at 2601 West 26th Street, Erie, Pennsylvania, 16506 and the Contractor(s) of 1521
Lowell Avenue, Erie, Pennsylvania, 16505.
WHEREAS, the Owner(s) have this day entered into a written contract with the Contractor(s) for the Erection of a
commercial building in accordance with certain plans and specifications, and for the furnishing and providing of materials and
labor necessary therefore upon a plot of ground being all that certain piece or parcel of land situate in the Township of
Shippensburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as pan of said Contract and for the
consideration therein set forth, before any of the above construction is commenced that Contractor, for himself, itself, themselves, his, her, its and
their subcontractors, and all parties acting through or under him, it or them, covenants and agrees that no mechanic's claims or liens shall be filed
or maintained by him, them, or any of them against the buildings and the lots of ground appurtenant thereto, or any of them, for or on account of
any work done or materials furnished by him, them, or any of them, under this contract or otherwise, for towards, in or about the erection and
construction of the said buildings, or any of them and Contractor, for himself, herself, itself, themselves, his, her, its and their subcontractors and
others under him, her or them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics lien or claim against the
buildings or any of them, and that this agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as
well with respect to work and labor done and materials furnished under any supplemental contract, verbal or written or contract for extra work in
the erection and construction of the said buildings ~s to work and labor done and materials furnished under this contract.
This stipulation is made and intended to be filed with the Cumberland County Prothonotmy in accordance with the requirements of the
Act of Assembly of this State in such cases made and provided.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals the day and year first above written.
SHIPPENSBURG TOWNHOUSES, 11, LLC
Owner
EXHIBIT "A"
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situated in the Township of
Shippensburg, County of Cumberland, State of Pamsylvania, being more particularly bounded
and described as follows, to-wit:
?
BEGINNING at the noftheaaterly comer of the piece at a point, said point being located the
followinl/courses and distances from the'intersection of the southerly line of Bard Road with the
westerly line of North Earl Street - S.R.. 0696:
In a southerly direction, along thc westerly line of said North Earl Street, and
along a curve to the left' having a radius of 1959,$6 feet, an arc distance of 89.26
feet to a point of tangency;
South 22 Degrees, 55 Minutes, 02 Seconds East, continuing along thc westerly
linc ofiaid North Earl Street, a distance of 250.92 feet to a point of curvature;
Continuing along thc westerly line of said North Earl Street, along a curve to the
left having a radius of 2814.79 feet, an arc distance of 30.I 1 f~¢t to an. iron pin in
the northerly linc of lands now or fon'nerlyiof Harry D. Miller,
South 50 Degrees; 3~ Minutes, 4.1 Seconds West, along the no~h~rly line 0f lands
of said Miller, a distance of 196.33 feet to an iron pin at the northerly comer of
lands of said Miller;
South 23 Degrees, 14 Minutes, 47 Seconds Bast, along the westerly line of lands
of said Miller, a distance of 90.00 feet to an iron pipe, said pipe being located on
the northerly line of lands now or forrnerlyiof Charles Ramsay Ray;
South $0 Degrees, 34 Minutes, 41 Seconds West, along the northerly line of lands
of said Ray, and along the southerly line o£Parcel "B' of the Bard Townhouses
Final Subdivision Plan, a'distance of 181.09 feet to a point;
THENCE South $5 Degrees, 26 Minutes 52 Seconds East, along the westerly line of lands of
said Ray, a distance of 55.17 feet to an iron pipe, said pipe being located at the noahwesterly
comer of lands now or formerly of Deborah A. Gross;
THENCE South 53 Degrees, 37 Minutes, 47 Seconds l~ast, along the westerly line of lands of
said Gross, a distance of 208.09 feet to a concrete monument, said monument being located at
the northwesterly comer of la,sds now or formerly of Sacquelyn Hoover;
THENCE South 17 Degrees, 01/Minutes, 3it Seconds West, along the westerly line of lands now
or formerly of leffrey L. Omver, a distance of 173.81 feet to an iron pin, said pin being located
aC the northwesterly comer of lands now or formerly of P~oben P. Wyrick;
THENCE South 16 Degrees, 06 Minutes, 1 I/Seconds East, along the westerly line of lands of
said Wyrick; and along the westerly line of lands now or formerly of Wayne L' Wadel, Jr. &
Ronald A. Wadcl, a d/stance of 118.64 feet to an iron pin; .:
THENCE North 75 Degrees, 25 Minutes, 42 Seconds East, along the southerly line of lands of
said Wadel, a distance of 212.21 feet to an iron pin in the westerly line of said North Earl Street;
THENCE South 00 Degrees, 37 Minutes, 45 Seconds West, along the westerly line of said Earl
Street, a distance of 150.37 feet to a point, said point being the northeasterly comer of lands now
or forraerly of Donald E. Stine;
· THENCE South 83 Degrees, 35 Minutes, 02 Seconds West, along the northerly line of lands of
said Stine, a distance of 171.28 feet to an iron pin;
THENCE South 70 Degrees, 58 Minutes, 11 Seconds West, continuing along the'northerly line
of lands of said Stine, a distance of 219.50 feet to an iron pin;
THENCE South 17 Degrees, 02 Minutes, 25 Seconds East, along the westeriyiine of lands of
said Sfine and along the westerly line of lands now or formerly of.lohn T. C-ruver, a distance of
341.46 feet to a fence post, said post being located on the westerly line of lands now or formerly
of Paul V. Adams;
THENCE South 41 Degrees, 05 Minutes, 21 Seconds East, along thc westerly line of lands of
said Adams, a distance of 62.~$5 feet to an iron pin, said pin being located at the northwesterly
'comer of lands n.ow or formerly of lay D. Koepf;
THENCE South 00 Degrees, 24 Minutes, 41 Seconds East, along the westerly line of lands of
said Koepf, and along the westerly line of lands now or formerly of Gerald L. Underkoffier, a
distance of g4.65 feet to a fence post, said post being the northeasterly comer ofl~ds now or
formerly of Crordon M, Bigler;
THENCE North 86 Degrees, 08 Minutes, 07 Seconds West, along the northerly .line of lands of
said Bi$1cr, a distance of ~9.0(1 feet to an iron pin;
THENCE South 08 Degrees, 57 Minutes, 08 Seconds East, along thc westerly line of lands of
said Bigler, a distance ofg,~.:10 feet to an iron pin;
THENCE South 00 Degrees, 08 Minutes, 01 Seconds West, continuing along the westerly line
of lands of said Bigler, a distance of 164.36 feet to a point on the northerly line of Hot Point
Avenue;
2
THENCE North 78 Degrees, 27 Minutes, 49 Seconds West, along the northerly linc of said Hot
Point Avenue, a distance of 57.55 feet to a point;
THENCE North 07 Degrees, 08 Minutes, 15 Seconds West, along thc easterly linc of lands now
or formerly of Shippensburg Borough Authority, a distance of 151.55 feet to. an iron pin;
THENCE North 52 Degrees, 52 Minutes, 50 Seconds West, continuing along the lands of said
Shippensburg Borough Authority, a distance of 146.50 feet to an iro~n pin;
THENCE North 33 Degrees, 58 Minutes, 25 Seconds West, continuing along lands of said
Shippensburg Borough Authority, a distance of 304.95 feet to an iron pin;
THENCE North 07 Degrees, 06 Minutes, 13 Seconds East, continuing along the lands of said
Shippensburg Borough Authority, a distance of 101.00 feet.to an iron pin;
THENCE North 62 Degrees, 33 Minutes, 47 Seconds West, continuing along lands of said
Shippensbm-g Borough Authority, a distance of 45.00 feet to an iron pin;
THENCE North 24 Degrees, 48 Minutes, 47 Seconds West, continuing along thc lands of said
Shippcnsburg Borough Authority, a distance erg0.00 feet to an iron pin;
THENCE North 10 Degrees, 53 Minutes, 47 Seconds West, continuing along thc lands of said
Shippensburg Bormtgt~ Authority, a distance of 114.00 feet to an iron pin;
THENCE North 47 Degrees, 18 Minutes, 47 Seconds West, continuing along the lands of said
SMppcnsburg Borough Authority, a distance of 84.75 feet to an iron pin, said pin being located
in thc southeasterly coroer of lands now or formerly of Mary W. Fogclsanger;
THENCE North 35 Degrees, 22 Minutes, 13 Seconds East, along the easterly line of lands of
said Fogclsanger, a distance of 200.O0 feet to an iron pin;
THENCE North 27 Degreea, $1 Minutes, 20 Seconds West, along thc easterly linc of lands of
said Fogclsanger, a distance of 859.08 feet to an ~ron pm;
THENCE North 71 Degrees, 45 Minutes, 58 Seconds West, along the northerly linc of lands of
said Fogelsanger, a distance of 61.79 f~t to an iron pin, said pin being located on the southerly
line of said Bard Road;
THENCE in an easterly direction, along a curve to thc fight having a radius of 366.75 feet, an
arc d/stance of 68.65 feet to a point oftangcncy;
THENCE South 77 Degrees, 00 Minutes, 54 Seconds East, along the southerly line of said Bard
Road, a distance of 181.14 feet to a point, said point being thc northwesterly coroer of Parcel "B"
of thc Bard Townhouses Final Subdivision Plan;
3
THENCE South 27 Degrees, 51 Minutes, 20 Seconds East, along the westerly line of said Parcel
"B", a distance of 573.24 feet to a point;
THENCE North 77 Degrees, 22 Minutes, 44 Seconds East, continuing along the southerly line
of said Parcel 'B", a distance of 111.26 feet to a point;
THENCE South 12 Degrees, 37 Minutes, I6 Seconds East, continuing along the westerly line of
said Parcel "B", a distance o£44.4.43 feet to a point; ...
THENCE North 70 Degrees, 55 Minutes, 09 Seconds Bast, continuing along the southerly line
of said Parcel "B", a distance of 260.39 fcet to a point;
THENCE South 19 Degrees, 52 Minutes, 54 Seconds. East, continuing along the westerly line of
said Parcel "B", a distance of 103.09 feet to a point;
THENCE North 63 Degrees, 00 Minutes, 54 Seconds East, continuing along the southerly line
of said Parcel "B", a distance of 191.85 feet to a point;
THENCE North 01 Degrees, 02 Minutes, 05 Seconds West, along thc easterly line of said Parcel
"B", a distance of 154.57 feet to ~ point;
THENCE North 28 Degrees, 09 Minutes, 12 Seconds West, along the easterly llne of P'arcel
"B", a distance of 205.55 feet to a point;
THENCE North 50 Degrees, 34 Minutes, 41 Seconds East, along the southerly line of said
Pamel "B", a distance of 72.62 febt to a concrete monument and the place of beginuing.
Containing 17.915 acres of land therein, net measurv, and being the same parcel as Parcel "D",
as shown on a plan entitled "Final Subdivision Plan Bard Townhouses" as prepared by David
lames Laird Associates, dated September 12, 2002 and recorded October 9, 2002 in Cumberland
County Plan Book 86, Page 13.
Said premises being PART O1~ Cumberland County Tax Assessment Index No. 36-32-
2269-023A.