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HomeMy WebLinkAbout03-6545~.,'i~,2003 THU 11:09 FAX 4127662096 ASC DEVELOPMENT INC ~00~ PROTtiONO tAR .: tNDEX AG. klNST AbJ, PARTIES AS PLAINTIFF AND AGAD,IST ALL_ , ~d*,llES AS DEFENDANT WAIVI~R OF LIEN'S THIS INSTRU_ME_NT executed fltis / ~' day of ~[C ,2003.~ by Pcm2, Devclopmcnt S~>-~vices L,P. aPamsylvania corporation, with an office at P,O, 13c}c 110, tl'~.c~a~n, PJ~ 15401 ('~onta-actor"), in favor of SI-II~PENSBURG PROPERTIES, L.P, a Petmsylvama liro2te~'~'-art~ership, with ea~ office at One Atla-nhc Avenue Pirtsbm'gh, PA 15202-1707 ("Owner"). Wi[TN'ES S EIH: Owner and Co~n'actor have entered into a certain CohO'actor Agreement dared_ iPl C ~/Y, zoo2 , (the "Coa~'aet') for the erection and consmmtion of a retail shopping center (the ".~,.provemeats') (including, without limitation, site work, buildings and ~d~er improvements) on certain parcels of ground located on U.S. Route 11 and State Route 174, S':dl;pensb'nrg Township, Corm~.onwealth o£Permsylvm~ia (the "Property"). The Property is m~rc lull_y desoJbed on Exhibit "A" attached hereto and made a part hereof. B. Contractor ~knd $~.~bcoatrac~:or Nxvc entered into a certah~ written ~,,'.~,, ee,.~aent' dated __i~)_ ~_~_/~F _z'~ _2~___~ .., for the construction and completion of a portion of C. By the terms of ([~e Prime Contract, Contractor has covenanted, promised mad agreed that no mechanics' c:r mater~.imen's liens would be filed or maintained against the rrwpm'~'ements or thc estate e:' title of ©x,,mer (or any other person or entity) in the Propel~2~ of any }~:t lhe~ e~£. or rite apptate:~ances the~ ere, eithen: by kselfor anyone else for or on account of any -,x ork~ !if eot of materials supplied h~ the performance of the Contract, or under any supplemental contract [or exn'a work~ or in the erectio~, cons~'uclien or completion of the Improvements me the Prope*ty or m~y appurtenar~ces ther~¢, NOW, TI[EREFOI~E, 5;. consideration of the Subcontract, lh.ime Cram-act and [~ .e co,,enams of d~e Oxv~er tbere~ code. rained, and intending to be legally bo~md hereby: 1. The Su;.~co?ltractcr ~r itself and an:yox~e else acting or claiming through or m~der ib 6ocs hcrcby waive and re~nquish aH right to file a mechanics' lien Or claim, or notice of i(:~eh!i'.~h to tile arty liett or cia~zn, and does hereby covenmat, promise and agree that no mechanics~ lien or claim, or other 5ch or c!aim o£m~y kind whatsoever, shall be filed~ claimed or maintai.ned against the lmprovem~;nts er tlxe estate of title of Owner (or any other pe~ son or i2/18~2003 THU 11:10 FAX 4127862090 ASC DE%~LOP~IEI~ INC [~003 entity) in the Property or the appugenaaees thereto, by or in the name of subconWaetor~ or ,any sz~b-subcontrac~or, materiaknan or laborer for work done or materials furnished under the S;~bcontract or by any other pa~y acting through or under them or any of them for and about the h~)provements or the l>rope~y or m~y part thereof. 2. This A~eement wai-~mg thc right of lien shall be an independent covenant and sl~all operate and be effective ~ well with respect to wOrk done and materials famished trader ~my supplemental contract tbr extra work in the erection~ construction and completion of the Improvements as to any work and labor done and materials famished under the Contract. No clhm shall be filed by mvone. 3, In order to give the Ovmer frill power and author/ty to protect itself, the h ~provernents~ the Property, the estate or title of Owner (or any other person or entity) therein, .and ~e appurtenai~ces thereto, against any all liens or claims filed by the Subcont~:actor or m~yone ac*lng undcr or through it in violation o,~ the foregoing covenant, the Subcontractor or anyone acting under or through it in violat:.on of the foregoing covenant, the Subcontractor hereby i~'revocably authorizes and empowers m~y atrom~' of any Court of Common Pleas of the Cennnonwealth of Pepa~syNmzia, tv appear as attorney ±bt it, them or any of them, in ,any such Corot, and in its or their name or names, (a) to the extent permitted by law, mark satisfied of rccord at thc cost and cxpetxse oft,~e Subco~h-actor or of any sub-subcontractor or matedalman~ any and all claim or c!atms, li. en or !~ens~ filed il~ violalson of the foregoing covenant, or (b) cause to, he filed and serve& in thc nan~_c of~he Subcontractor or m~y sub-subcontractor or anyone else a~.tmg ~m(ler Or through Subcont.n-actor, h~ connection with such claim or claims, lien or liens, any pleading or instrument, or a~ny ametxdment to any pleading or instrument prev/ously filed by it cr them, and Zo incorporate therein, as part of the record, the waiv~ contained in this instrument, and for such act or acts llx~ ~,nst~-amm]t shall be good m~d sufficient warrant and a~lthor~iy. A reference to the cmtrt~ tsn'a m:d nm~ber in which and where this Agreement shall h:~¥e been filed shall be conciusive evidence of the authority herein contained to warrant such ;lotion, and the Subcontractor, for itself and for them, b. ercby remises, releases and quit-claims ail r/gl-ds m~d all mm~ner of e~'ors, defects and imperfections whatsoever in cntelSng such satisfaction or in filing such pleadk~,g, }r,.strume~at or amendment, or in any way concerning them~ 4. Thc Subcontractor hereby wren-ants that no work or labor, of wh,atsoever kind of naturc, has as yet been done and tt~at no materials or services whatsoever have as yet been fitmished by mvone, m'~der: towards .:,r in cormection with the execution or perfbrmance of thc Cont,'act. 5. 2'his ~,va_"ver sha~I bind thc Subcontractor and its sub-subcontracting, succe,;sm-s, mhd assi~s, and sh~21 ~xm. t~ *.he benefit of the O~mer and its successors, assigns and grmnees and al1 future owne~.'s offe~ ;simple title to any of the Property. .oJ2,']~2003 THU 11:10 FAX 4127662090 ASC DEVELOPMENT INC ~004 IN WITNESS WBEP, BOF, the undcrsigned Subcontractor has executed this instrument as of the day and year first above wri~en. Petal Development Se~wices, COMMONWEALTH OE PEN~qSYLVAN]~ ) COUNTY OF ) On ri,is !8th d~y of B~ ~t.ur __,2003, before me, the undersigned officeL personally appeared ~...~ , ~own to mc (or satisfacmhly proven) m be the person whose n~e is subsc~Sbed to C~e w~n ~mma~a~, mad ac~owledged ~at hc is thc ~~ , of~ ~1~ ~, L.P. _, ~a~l~ corporation and that he as s~mh officer bc~g gtl~ohz~ +~ do so, executed ~e Ibregoing k:srmm~cnt ~br the pmpeses ~ere~n contused by si~g 5~e name office co~oration by lumself as such officer. IN WITNESS WHEREOF~ I hereunto set my hand and official seal. My Commission Expires; .~)--~;:~/Zi~ y (Netm~al Seal) Kathy M. R~ndina, l~mr,/Public South UnionTWp., r.~yette Co,mo/ My commi~i~ ~mt~ ~b. 24, 2004 surveyors Carl D. Bert, PLS Steven P. Wolfe, PLS Gregory N. Wengert, PLS Scott B. Bert, PE Gall C. Abbott, PE CARL BERT & ASSOCIATES Professional Land Surveyors & Engineers 20 East Burd Street Shippensburg, Pa. 17257 (717) 532-9470 Fax (717) 530-9339 Web site: carlbertassociates.com Email: cdbassoc@carlbertassociates.com Subdivision Plans Development Plans Property Surveys Construction Stake-out Topographic Surveys GPS Services GIS Services Aerial Mapping Job Name ASC Development / Hollar Estate / Walnut Bottom Road CDB # C-ST-02-09 Date: 05/02/03 LEGAL DESCRIPTION Lands of Frank E. Hollar, Jr. Estate to be conveyed to Shippensburg Proper[les L.P. All those two certain parcels of land known as Parcel No. 3B and Parcel No.4 on a Land Subdivision for Frank E. Hollar, Jr. Estate / Parcels 3A, 3B, 4, 5 and 6 prepared by Carl D. Bert and Associates dated March 28, 2003, File No. C-ST-02-09 as recorded in Cumberland County Plan Book 87, Page 44, situated in Shippensburg Township, Cumberland County, Commonwealth of Pennsylvania, being further bounded and described as follows: BEGINNING at an existing P.K. nail located in the center of Walnut Bottom Road (SR 0174) at the corner of land now or formerly of Michael W. Wingert and land now or formerly of Frank E. Hollar, Jr. Estate THENCE along land now or formerly of Michael W. Wingert and Renee L. Wingert North 03 degrees 00 minutes 02 seconds West, a distance of 125.00 feet to an existing iron pin; THENCE along the same South 86 degrees 59 minutes 58 seconds West, a distance of 75.00 feet to an existing iron pin; THENCE along land now or formerly of L. Edward Rosenberry and Shirley A. Rosenberry North 03 degrees 00 minutes 02 seconds West, a distance of 25.00 feet to an existing iron pin; THENCE along the same South 88 degrees 59 minutes 58 seconds West, a distance of 100.00 feet to an existing iron pin; THENCE along Parcel No. 6 of the above referenced Subdivision Plan, land to be conveyed to R&S Real Estate Holding LLP, North 03 degrees 00 minutes 02 seconds West, a distance of 30.00 feet to an existing iron pin; THENCE along the same South 86 degrees 59 minutes 58 seconds West, a distance of 215.00 feet to an existing iron pin; THENCE along land now or formerly of Shippensburg Township South 86 degrees 59 minutes 58 seconds West, a distance of 200.00 feet to an existing iron pin; THENCE along Parcel No. 5 of the above referenced Subdivision Plan, land to be conveyed to Shippensburg Township South 86 degrees 59 minutes 58 seconds West, a distance of 54.03 feet to an existing iron pin; THENCE along Parcel No. 3A of the above referenced Subdivision Plan, land now or formerly of Frank E. Hollar, Jr. Estate North 23 degrees 13 minutes 54 seconds West, a distance of 236.05 feet to an existing iron pin; THENCE along the same North 42 degrees 11 minutes 57 seconds West, a distance of 189.10 feet to an existing iron pin; THENCE along the same South 44 degrees 27 minutes 06 seconds West, a distance of 189.10 feet to an existing iron pin; THENCE along land now or formerly of Phyllis A. Nye North 42 degrees 11 minutes 57 seconds West, a distance of 645.16 feet to an existing iron pin; C:\Documents and Settings\kbrett. ACAASCDOMAIN\Local Settings\Temporary Internet Files\OLK5\Hollar Estate to Shippensburg Properties.doc THENCE along land now or formerly of G&C Associates, land now or formerly of Irvin S. Keefer and land now or formedy of Vonnie J. Eckenrode North 44 degrees 16 minutes 19 seconds East, a distance of 347.17 feet to an existing iron pin; THENCE along land now or formerly of Bemita Gilbert North 45 degrees 44 minutes 51 seconds East, a distance of 688.50 feet to an existing iron pin; THENCE along land now or formerly of Timber Hill Associates South 45 degrees 04 minutes 22 seconds East, a distance of 136.55 feet to an existing iron pin; THENCE along the same North 44 degrees 55 minutes 41 seconds East, a distance of 112.34 feet to an existing iron pin; THENCE along Mickeys Lane (T-348) South 45 degrees 04 minutes 19 seconds East, a distance of 50.00 feet to an existing iron pin; THENCE along Mickeys Lane (T-348) and land now or formerly of Frank E. Hollar, Jr. Estate North 44 degrees 55 minutes 41 seconds East, a distance of 402.68 feet to an existing iron pin; THENCE along land now or formedy of Frank E. Hollar, Jr. Estate South 45 degrees 04 minutes 19 seconds East, a distance of 1515.42 feet to an existing iron pin; THENCE along land now or formerly of Perini Services / Southampton Manor Limited Partnership and land now or formerly of William A. Swope South 46 degrees 26 minutes 36 seconds West, a distance of 639.27 feet to an existing iron pin; THENCE along land now or formerly of William A. Swope South 17 degrees 14 minutes 09 seconds West, a distance of 291.00 feet to an existing P.K. nail in the center of Walnut Bottom Road (SR 0174); THENCE along the center of Walnut Bottom Road (SR 0174) South 86 degrees 04 minutes 21 seconds West, a distance of 166.64 feet to an existing P.K. nail; THENCE along the same South 86 degrees 59 minutes 58 seconds West, a distance of 150.18 feet to an existing P.K. nail; which is the POINT OF BEGINNING. EXCEPTING an area of 0.84254 Acres of land titled to Jack E. Heckman and Rita K. Heckman by deed recorded in Cumberland County Deed Book 20-L, Page 263. This area of land is not part of Parcel 3B or Parcel 4 from the above referenced subdivision plan recorded in Cumberland County Plan Book 87, Page 44 however it is a separate internal parcel of land excluded from the area of the above description. This parcel of land titled to Jack E. Heckman and Rita K. Heckman is described on an ALTNACSM Land Title Survey of Land of Jack E. Heckman and Rita K. Heckman by Carl D. Bert and Associates, Inc. dated May 2, 2003, Revised November 4, 2003, File No. C-ST-02-09 as follows: BEGINNING at an existing iron pin located North 01 degrees 05 minutes 22 seconds East, a distance of 213.04 feet from an existing iron pin located at the North East corner of land now or formerly of Michael W. Wingert and Renee L. Winged; THENCE along land now or formerly of Frank E. Hollar, Jr. Estate South 75 degrees 10 minutes 25 seconds West, a distance of 104.70 feet to an existing iron pin; THENCE along the same North 35 degrees 40 minutes 35 seconds West, a distance of 144.00 feet to an existing iron pin; THENCE along the same North 45 degrees 28 minutes 25 seconds East, a distance of 199.30 feet to an existing iron pin; THENCE along the same South 34 degrees 20 minutes 35 seconds East, a distance of 219.03 feet to an existing iron pin; THENCE along the same South 58 degrees 36 minutes 25 seconds West, a distance of 94.25 feet to an existing iron pin, which is the POINT OF BEGINNING. ALSO EXCEPTING 18.36513 Acres of land known as Parcel A-4 shown and described on Final Land Subdivision Plan for Shippensburg Properties L.P. / Parcel No's. A-1 thru A~12, dated October 3, 2003 and recorded in Cumberland County Plan Book 88, Page 30 and described as follows: BEGINNING at an iron pin located at the common corner of Parcel No's. A-6, A-7 and A-4 of the above referenced Subdivision Plan recorded in Plan Book 88, Page 30; C:\Documents and Settings\kbrett. ACAASCDOMAIN\Local Settings\Temporary internet Files\OLK5\Hollar Estate to Shippensburg Properties.doc THENCE along Parcel No. A-7 of the above referenced Subdivision Plan North 45 degrees 04 minutes 19 seconds West, a distance of 243.15 feet to an iron pin; THENCE along Parcel No's. A-7 and A-5 of the above referenced Subdivision Plan South 44 degrees 55 minutes 41 seconds West, a distance of 427.17 feet to an iron pin; THENCE along Parcel No. 5 of the above referenced Subdivision Plan North 45 degrees 04 minutes 19 seconds West, a distance of 916.00 feet to an iron pin; THENCE along the same North 44 degrees 55 minutes 41 seconds East, a distance of 917.15 feet to an iron pin; THENCE along Parcel No. A-6 of the above referenced Subdivision Plan on a curve to the right having the following characteristics: a radius of 40.00 feet, an arc length of 62.83 feet, a chord bearing of North 89 degrees 55 minutes 41 seconds East, and a chord length of 56.57 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 309.44 feet to an iron pin; THENCE along Parcel No. A-3 of the above referenced Subdivision Plan South 44 degrees 55 minutes 41 seconds West, a distance of 264.00 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 168.00 feet to an iron pin; THENCE along the same North 44 degrees 55 minutes 41 seconds East, a distance of 44.46 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 365.54 feet to an iron pin; THENCE along the same South 44 degrees 55 minutes 41 seconds West, a distance of 72.61 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 276.17 feet to an iron pin; THENCE along Parcel No. A-6 of the above referenced Subdivision Plan South 44 degrees 55 minutes 41 seconds West, a distance of 237.83 feet to an iron pin, which is the POINT OF BEGINNING. CONTAINING a net area (Total less the two exceptions stated above) of 1,464,409 Square Feet, or 33.6182 Acres, which includes 0.19197-Acre Right-of-Way for Walnut Bottom Road (SR 0174). SUBJECT to any and all restrictions, easements, covenants, requirements, encumbrances, setbacks, right-of-ways, grading, etc. of record and shown on an ALTA/ACSM Land Title Survey of land of Frank E. Hollar, Jr. Estate prepared by Carl D. Bert and Associates, dated May 2, 2003 with latest revision dated December 02, 2003, Project No. C-ST-02-09 and also above referenced Land Subdivision Plan for Frank E. Hollar, Jr. Estate / Parcels 3A, 3B, 4, 5 & 6 recorded in Cumberland County Plan Book 87, Page 44 and also Land Subdivision Plan for Shippensburg Properties L.P. / Parcel No's A-1 thru A-12 recorded in Cumberland County Plan Book 88, Page 30. BEING part of the land which William B. Craig Estate by deed dated April 09, 1908 and recorded in Cumberland County Deed Book 7-H, Page 387, Tract No.2, granted and conveyed to Rachel B. Hollar and part of the land which Anna S. Himes by deed dated May 28, 1955 and recorded in Cumberland County Deed Book 17-D, Page 331 granted and conveyed to Frank E. Hollar, Jr. and Janet M. Hollar and also part of the land which Dauphin Deposit Bank and Trust Company by deed dated December 07, 1983 and recorded in Cumberland County Deed Book 30-S, Page 273 granted and conveyed to Frank E. Hollar, Jr. C:\Documents and Settings\kbrett,ACAASCDOMAIN\Local Settings\Temporapj [ntemet Files\OLK5\Hollar Estate to Shippensburg Properties.doc surveyors Carl D. BerL PLS Gregory N. Wengert, PLS Scott B. Ser[, PE Gall C. Abbott, PE CARL BERT & ASSOCIATES Professional Land Surveyors & Engineers 20 East Burd Street Shippensburg, Pa. 17257 (717) 532-9470 Fax (7t7) 530-9339 Web site: carlbertassociates.com Email: cdl~assocl~carlbertassociates.com Subdivision Plans Development Plans Property Surveys Construction Stake-out Topographic Surveys GPS Services GIS Services Aerial Mapping Job Name ASC / Hollar / Walnut Bottom Road CDB # C-ST-02-09 Date: November 13, 2003 LEGAL DESCRIPTION Parcel A-4, Land of Frank E. Hollar, Jr. Estate to be conveyed to Wal-Mart Real Estate Business Trust All that certain parcel of land known as Parcel A-4 on a Land Subdivision Plan for Shippensburg Properties L.P. / Parcel No's. A-1 thru A-12, prepared by Carl D. Bert & Associates, dated October 03, 2003, approved by Shippensburg Township Supervisors on November 1,2003 as recorded in Cumberland County Plan Book ., Page. . Said Parcel A-4 is situated in Shippensburg Township, Cumberland County, Commonwealth of Pennsylvania, being further bounded and described as follows: BEGINNING at an iron pin located at the common corner of Parcel No's. A-6, A-7 and A-4 of the above referenced Subdivision Plan; THENCE along Parcel No. A-7 of the above referenced Subdivision Plan North 45 degrees 04 minutes 19 seconds West, a distance of 243.15 feet to an iron pin; THENCE along Parcel No's. A-7 and A-5 of the above referenced Subdivision Plan South 44 degrees 55 minutes 41 seconds West, a distance of 427.17 feet to an iron pin; THENCE along Parcel No. 5 of the above referenced Subdivision Plan North 45 degrees 04 minutes 19 seconds West, a distance of 916.00 feet to an iron pin; THENCE along the same North 44 degrees 55 minutes 41 seconds East, a distance of 917.15 feet to an iron pin; THENCE along Parcel No. A-6 of the above referenced Subdivision Plan on a curve to the right having the following characteristics: a radius of 40.00 feet, an arc length of 62.83 feet, a chord bearing of North 89 degrees 55 minutes 41 seconds East, and a chord length of 56.57 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 309.44 feet to an iron pin; THENCE along Parcel No. A-3 of the above referenced Subdivision Plan South 44 degrees 55 minutes 41 seconds West, a distance of 264.00 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 168.00 feet to an iron pin; THENCE along the same North 44 degrees 55 minutes 41 seconds East, a distance of 44.46 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 365.54 feet to an iron pin; THENCE along the same South 44 degrees 55 minutes 41 seconds West, a distance of 72.61 feet to an iron pin; THENCE along the same South 45 degrees 04 minutes 19 seconds East, a distance of 276.17 feet to an iron pin; THENCE along Parcel No. A-6 of the above referenced Subdivision Plan South 44 degrees 55 minutes 41 seconds West, a distance of 237.83 feet to an iron pin, which is the POINT OF BEGINNING. C:\Documents and Settings\kbrett. ACAASCDOMAIN\Local Settings\Temporary lnternet Files\QLKS\Wal-Mart Parcel A-4 of Rev Subd.doc CONTAINING a total area of 799,985 Square Feet or 18.36513 Acres as described on the above referenced Final Subdivision plan. SUBJECT to any and all restrictions, easements, covenants, requirements, encumbrances, setbacks, right-of-ways, grading, etc of record and shown on the aforementioned Final Land Subdivision Plan for Shippensburg Properties L.P. / Parcel No's. A-1 thru A-12. BEING part of the land which William B. Craig Estate by deed dated April 09, 1908 and recorded in Cumberland County Deed Book 7-H, Page 387, Tract No. 2, granted and conveyed to Rachel B. Hollar and part of the land which Anna S. Himes by deed dated May 28, 1955 and recorded in Cumberland County Deed Book 17-D, Page 331 granted and conveyed to Frank E. Hollar, Jr. and Janet M. Hollar and also part of the land which Dauphin Deposit Bank and Trust Company by deed dated December 07, 1983 and recorded in Cumberland County Deed Book 30-S, Page 273 granted and conveyed to Frank E. Hollar, Jr. C:\Documents and Settings\kbrett. ACAASCDOMAIN\Local Settings\Temporary Internet Files\OLK5\WaI-Mart Parcel A-4 of Rev Subd.doc