HomeMy WebLinkAbout01-6260Mann Realty Associates, Inc. : IN THE COURT OF COMMON PLEAS
Owner CUMBERLAND COUNTY, PENNSYLVANIA
Kimbob, Inc.
Contractor
CIVIL ACTION - LAW
WAIVER OF LIENS
This Waiver of Liens, dated (~"1"~)~ :~ J ,2001, is between
Mann Realty Associates, Inc., a Pennsylvania corporation, having an address of Post
Office Box E, Bowmansdale, Pennsylvania 17008 ("Owner"), and Kimbob, Inc., a
Pennsylvania corporation, having an address of 241 McCormick Road, Mechanicsburg,
Pennsylvania 17055 ("Contractor").
,The background to this Waiver of Liens is as follows:
R-1. Owner has purchased 113 acres of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, commonly known as Allen Glen (the "Property"),
described on Exhibit A, attached hereto.
R-2. Owner has negotiated with Contractor to provide work and/or materials for
improvements to the Property, generally described as follows: streets, sanitary sewer,
storm sewer, grading, utilities and other site improvements.
NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY,
and before any authority has been given to the said Contractor by Owner to commence any
work on the said Property or to purchase materials therefor, does hereby, for Contractor
and for any and all subcontractors, materialmen, employees and parties acting or claiming
for, through or under Contractor, covenant and agree with Owner that no mechanics' liens
or claims shall be flied or maintained against the above-described real estate, or the
building or improvements to be erected thereon, for or on account of any work done or
materials furnished under said agreement or under any supplemental contract, verbal or
written, or contract for extra work in or about the erection, construction and completion of
said project, or otherwise; and Contractor, for Contractor and any and all subcontractors,
materialmen, employees and parties acting or claiming through or under Contractor, hereby
expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or
claims against said real estate or buildings or improvements.
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, supervision and
completion of the said project as to any work and labor done and materials furnished under
said agreement.
In order to give Owner full power and authority to protect the said real estate and
buildings or any of them against any and all mechanics' liens or claims filed by Contractor
or anyone acting or claiming for, through or under Contractor or in violation of this
agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen,
employees and parties acting or claim for, through or under Contractor, hereby irrevocably
authorizes and empowers any attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or
elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of
record, at the cost and expense of Contractor, or any such subcontractor, materialman,
employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in its
or their name against the said real estate, buildings; a copy of this Agreement, and a
reference to the court, term and number or place in which this agreement and waiver shall
have been filed shall be sufficient exhibit of the authority herein contained to warrant such
action; and Contractor, for itself and all such parties, does hereby remise, release and
quitclaim unto Owner, and its certain attorney or attorneys, any and all manner of errors,
defects and imperfections whatsoever in entering such satisfaction or anywise touching or
concerning the same.
This agreement and waiver is made and intended to be filed with the Prothonotary of
the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in
which the above-described lands are located.
It is expressly understood that the foregoing waiver and all of the provisions and
remedies herein contained shall be available to and for the protection of Owner, its
successors or assigns.
In the event Contractor consists of more than one person, firm or corporation, the
undertakings hereunder of each of such persons, firms or corporations shall be joint and
several, and the word "Contractor" shall mean all or some or any of them. For the
purposes of this agreement and waiver, the singular shall be deemed to include the plural,
and the neuter shall be deemed to include the masculine and feminine, as the context may
require. ,.~,~
IN WITNESS WHEREOF, Contractor and Owner have hereunto signed and sealed
these presents the day and year first above written.
CONTRACTOR:
Kimbob, Inc.
Robert M. Mumma, II, President
OWNER:
Mann Realty Associates, inc.
Susan R. Mum~na, 'President
F:\daw\5893 - MUMMA, II, ROBERT M\11475 - ALLEN GLEN - GENERAL\Documents\Stipulation Against Liens.doc October 31,2001
10:39 AM
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EXHIBIT A
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
Exhibit A - Page 1
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,605:29 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
BEING a part of the same premises which R. Thomas Kline, Sheriff of the County of
Cumberland, State of Pennsylvania, by deed dated October 17, 2001, recorded October
18, 2001 in Cumberland County Deed Book 248, Page 4134, granted and conveyed
unto Mann Realty Associates, Inc., a Pennsylvania corporation, Mortgagor herein.
Exhibit A - Page 2