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Home My WebLink About04-0399RrlJ-^ _ OF LIENS WHEREAS, WE THE SUBSCRIBERS are the general or subcontractors, materialmen, or other persons furnishing services or labor or materials, as indicated under our respective signatures below, in the construction or repair of improvements upon real estate of PLAZA 21 REALTY ASSOCIATES, hereinafter referred to as "Equitable Owner," and PROSPERITY DEVELOPMENT COMPANY, hereinafter referred to as "Title Owner," and described as follows: ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of other lands now or formerly of Prosperity Development Company, which said point is North 77 degrees 45 minutes East, 150 feet from the Eastern legal right-of-way line of 21st Street (Poplar Church Road; L.R. 21021), which said point is on the Southern line of Lot No. I-A on the hereinafter described Subdivision Plan; thence along the Southern line of said Lot No. I-A North 75 degrees 10 seconds East, a distance of 80.16 feet to a point; thence continuing along the Southern line of said Lot No. lA North 77 degrees 45 minutes East, a distance of 450.99 feet to a point on the Western line of Lot No. 2 of the hereinafter described Subdivision Plan; thence along the Western line of said Lot No. 2 South 12 degrees 15 minutes East, a distance of 82.48 feet to a point on the Northern legal right-of-way line of Camp Hill Bypass (L.R. 770); thence continuing along the Southern legal right-of-way line of Camp Hill Bypass (L. R. 770) the following three courses and distances: 1) South 49 degrees 00 minutes West, a distance of 194.12 feet; 00 minutes West; 2) South 49 degrees 57 seconds West, a distance of 89.23 feet; and 3) South 76 degrees 23 seconds West, a distance of 281.92 feet to a point at the Southwestern corner of other lands now or formerly of Prosperity Development Company; thence along the Eastern line of other lands now or formerly of Prosperity Development Company North 12 degrees 15 minutes West, a distance of 219.13 feet to a point, the Place of BEGINNING. CONTAINING 2.285 acres, subject to a right-of-way in favor of the Pennsylvania Department of Transportation, as shown on the hereinafter described Subdivision Plan. BEING Lot No. l-B, Final Subdivision Plan for Prosperity Development Company, dated October 15, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 51, Page 136. -1- UNDER AND SUBJECT to the legal right-of-way of Pennsylvania Department of Transportation, 25 foot sanitary sewer easement and 25 foot drainage easement as shown on the above-described Final Resubdivision Plan. SUBJECT to the rights of others to use the access drive as shown on the above- described Final Resubdivision Plan. FURTHER SUBJECT to the right of ground lessee, in common with others, to use all access easement as shown on the above-described Final Resubdivision Plan for purposes of ingress, egress, and regress to and from the property. BEING part of the same property which North Bridge Development Company, a corporation organized and operating under the laws of The Commonwealth of Pennsylvania, by its Deed dated February 13, 1975, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Record Book "Y", Volume 25, Page 398, granted and conveyed unto Prosperity Development Company. AND WHEREAS, in consideration of the execution of this Release of Liens, Conestoga Title Insurance Co. has agreed to insure mortgagees, assignees of mortgagees, and other applicants to the title of the above described premises, against loss by reason of unfiled Mechanics' Liens. NOW THEREFORE, BY THESE PRESENTS, WITNESS That we, in consideration of the sum of One and 00/100 Dollars ($1.00), to each of us in hand paid, receipt whereof is hereby acknowledged, and other benefits accruing to us, we do hereby waive, release and quit-claim in favor of the owner or owners of said real estate, Conestoga Title Insurance Co. and each and every party making a loan on said real estate, as improved, and his or its successors and assigns, all right that we, or any of us, may now or hereafter have to a lien upon the land and improvements above described, by virtue of the laws of the state wherein said land is situate, or any amendments of said laws; and we do further warrant that we have not and will not assign our claims for payment, nor our right to perfect a lien against said property, and that we have the right to execute this waiver and release thereof; PROVIDED, that nothing herein contained shall be taken to impair the right of the subscribers, or any of them, to proceed by summons to judgment, or by ordinary suit at law, to recover any unsettled claim against the said Equitable Owner and Title Owner but simply to restrain them, or either or any of them from filing liens against the Owner under the Mechanics' Lien Law. AND, all the subscribers to this instrument hereby authorize and empower any Attorney of any Court of Record in Pennsylvania to appear for us, or either of us filing such lien or liens in defiance hereof, and thereupon without notice to us, to enter satisfaction on the Record, or such lien or liens to the extent that the said premises in question shall be effectually and completely relieved from the operation of such lien or -2- liens, and in order to do this, or a true copy hereof, shall be a sufficient warrant; and further, we, and each of us, do fully release and exonerate such Attorney from any and all action or actions, we, or either or any of us may have by reason of such entry of satisfaction. This warrant of Attorney shall not be exhausted by one exercise thereof but shall remain in full force and effect and may be exercised as many times as may be necessary to secure the satisfaction of record of any lien or liens filed by us or by any of US. IN WITNESS WHEREOF, we have set our hands and seals on the attached signature page, considered to be incorporated herein, the day each signatory has indicated thereon. SUBCONTRACTORS AND MATERIALMEN (Should indicate what type of~ntr~r under each signature line) ~ 'J ($ ..~2-,6,.~A,-''~ ) ~//"./,~,~,~r~_---~'/t,¢~,¢~ ¢~'"'¢.,~r// (SEAL) ($ 238,570.00 )¢''-~=~--- --¢~ ~ .'¢--'"""~'-.-~-~.'-,.¢~ , (SEAL) Amy M~z~helberger, Assistant Cor~ec.-General Contractor ($ ) (SEAL) ($ ) (SEAL) ($ ) (SEAL) ($ ) (SEAL) ($ ) (SEAL) N~tarlal Seal Ba~ara Thran, Notary Public Dilisbu~g Boro, York County My Commission Ex,res Feb. 4, 2(X~ -3- PART II - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF :SS I, .z.¥.~..,,/r J) ~;~-:~'~"/~""~'~ i~,- , having been first duly sworn, doth now depose and say: That the persor~, firms and corporations, who have executed the above release of liens or will furnish all of the persons, firms and corporations who have furnished services, labor or materials in the construction or repair of improvements on the real estate described in said release and that, as of the date of this affidavit, such work has been fully completed and accepted by the owner of said real estate. General Contractor, if ar~ Subscribed and sworn to before the undersigned, a Notary Public for the County of ~'¢~ , Commonwealth of Pennsylvania, in said County, this ;,~,~ day of ~,~.~ ,200~. .~JL__. ¢-._.~ ,- Notary Public -4- PART III - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :SS I, ~./~.¢.z.Z2 ..~.-. ~./..,~./-.~.¢.d , having been first duly sworn, doth now depose and say: That the persons, firms and corporations who have executed the release of liens include all of the pemons, firms and corporations with whom or with which I have contracted for se~ices, labor, or materials in the construction or repair of improvements on the mai estate described in said release; that, at the time of paying said padies, I had no notice of any claim of any subcontractor, laborer or materialman; and that I do not now have notice of any claim of any subcontractor, laborer or materialman. ~. ~ / ~ ~ ~c ~itable Owner ~ of Subscribed and sworn to before the undersigned, a Notary Public for the County DAUPHZN , Commonwealth of Pennsylvania, in said County, this 22nd day of DECEMBER ,2003. NOTARIAl. SEAL KENDRA L. STRAYER, Notary Public City of Harrisburg, Dauphin County My Comftlission Expires Jan. 18, 2007 -5-