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Home My WebLink About08-3489 71.b . o g_ 3 y~ 9 M ~- v T.~.-- BUMBLE BEE HOLLOW, LLC. Owner SAMUEL K ESH MASONRY Contractor WAIVER OF LIEN WHEREAS, this Waiver of Liens, dated June 2, 2008, is between BUMBLE BEE HOLLOW LLC, a limited liability company, having an address of 6160G Springford Drive, Harrisburg PA 17111 and ("Owner") and SAMUEL A ESH MASONRY, having an address of 69 Lancaster Avenue, Christiana PA 17509 ("Contractor"). 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 therefore, does herby, for contractor and for any and all subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with 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 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 any of the said real estate, buildings or improvements. 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 evidence 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 undertaking hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some of 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 included the masculine and feminine, as the context may require. IN WITNESS WHEREOF, Contractor and Owner have hereunto signed and sealed these presents the date and year first above written. CONTRACTOR: SAMUEL K ESH MASONRY ~j/ j By ~~M4N ~ v~ ~J h~' Print Name: Samuel K Esh Title: Owner OWNER: BUMBLE BEE HOLLOW, LLC. '~~, ~ B ~ ~ Y LEGAL DESCRIPTION FOR BUMBLE BEE HOLLOW ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the intersection of the Eastern right-of--way line of Rider Lane and the Southern right-of--way line of U.S. Route 15, THENCE by the Southern right-of--way line of U.S. Route 15, North 41 degrees 07 minutes 57 seconds East, a distance of 404.54 feet to a point; THENCE by same, North 37 degrees 39 minutes 40 seconds East, a distance of 327.61 feet to a point; THENCE by same, North 40 degrees 50 minutes 30 seconds East, a distance of 282.29 feet to a point; THENCE by same, North 34 degrees 31 minutes 11 seconds East, a distance of 200.56 feet to a point; THENCE by same, South 30 degrees 45 minutes 45 seconds West, a distance of 202.53 feet to a point; THENCE by same, North 51 degrees 14 minutes 15 seconds East, a distance of 155.14 feet to a point; THENCE by same, North 44 degrees 22 minutes 41 seconds East, a distance of 203.59 feet to a point; THENCE by same, North 36 degrees 26 minutes, 59 seconds East, a distance of 151.70 feet to a point; THENCE by same, North 32 degrees 59 minutes 37 seconds East, a distance of 101.24 feet to a point; THENCE by same, North 16 degrees 12 minutes 03 seconds East, a distance of 106.83 feet to a point; THENCE by same, North 37 degrees 18 minutes, 39 seconds East, a distance of 259.36 feet to a point; THENCE South 35 degrees 04 minutes 30 seconds East, a distance of 94.07 feet to a point; THENCE North 52 degrees 09 minutes 52 seconds East, a distance of 45.00 feet to a point on the westerly right-of--way line of Old Hollow Road; THENCE by same, by a curve to the left having a radius of 741.20 feet, an arc distance of 132.24 feet to a point; THENCE by same, South 48 degrees 03 minutes 28 seconds East, a distance of 66.31 feet to a point; THENCE by same, North 56 degrees 35 minutes 52 seconds East, a distance of 1.32 feet to a point; THENCE by same South 48 degrees 03 minutes 28 seconds East, a distance of 141.56 feet to a steel re-bar (set); THENCE by same, by a curve to the right having a radius of 343.27 feet, an arc distance of 164.55 feet to a point; THENCE by same, South 20 degrees 35 minutes 30 seconds East, a distance of 130.00 feet to a point; THENCE by same, South 20 degrees 35 minutes 30 seconds East, a distance of 219.80 feet to a point; THENCE by same by a curve to the left having a radius of 180.00 feet, an arc length of 107.49 feet to a point; THENCE South 20 degrees 28 minutes 15 seconds East, a distance of 63.84 feet to a point; THENCE South 27 degrees 24 minutes 58 seconds East, a distance of 178.18 feet to a point in Bumble Bee Hollow Road; THENCE through Bumble Bee Hollow Road and by lands now or late of Loring L. Thomas, South 02 degrees 35 minutes 59 seconds East, a distance of 524.61 feet to a steel re-bar (set); THENCE by lands of Loring L. Thomas and Grantham Heights, South 39 degrees 17 minutes 22 seconds West, a distance of 873.66 feet to a steel re-bar (found); THENCE by land of Grantham Heights, South 89 degrees 59 minutes 47 seconds West, a distance of 398.80 feet to an angle iron (found); THENCE by same, North 58 degrees 57 minutes 25 seconds West, a distance of 748.13 feet to a point; THENCE South 85 degrees 07 minutes 00 seconds West, a distance of 498.35 feet to a point on the eastern right-of--way line of Rider Lane; THENCE by same, ,_ .. North 41 degrees 06 minutes 29 seconds West, a distance of 52.25 feet to a point; THENCE North 35 degrees 16 minutes 57 seconds West, a distance of 163.35 feet to a point, the place of BEGINNING. THE ABOVE-DESCRIBED PREMISES BEING composed of property conveyed by (1) Bumble Bee Hollow Road Partnership to Klipsen Enterprises, Inc. dated December 14, 1989 and recorded in Cumberland County Deed Book I, Volume 34, Page 1135 (Tax Parcel 42-11-0276-008); (2) property conveyed by George T. Mummau and Beth A. Mummau, his wife, to Klipsen Enterprises, Inc. by virtue of a Deed dated December 11, 1992 and recorded in Cumberland County Deed Book A, Volume 36, Page 926 (Tax Parcel 42-11-0276-040); (3) property conveyed by Deborah Eckstein Ralph formerly known as Deborah M. Long and David E. Ralph to West Shore Golf, Inc. by virtue of a Deed dated July 21, 2000 and recorded in Cumberland County Deed Book 225, Page 890 (Tax Parcel 42-11-0276-008B); and (4) property conveyed by Patricia D. Shelton, formerly Patricia D. Eckstein, and John W. Shelton to Bumble Bee Hollow Sports, Inc. dated April 29, 1988 and recorded in Cumberland County Deed Book 176, Page 968 (Tax Parce142-11-0276-007). Klipsen Enterprises, Inc. and Bumble Bee Hollow Sports, Inc. were merged into Bumble Bee Hollow Golf, Inc. by Articles of Merger filed with the Pennsylvania Department of State on May 4, 2001. ~ r~ -o ~.. v Ca ~~ r i~z-, ~~l~ y ' 7~ ~-~' C :~ ~.: b c~ t y~~ ~.ai~ N ~~ _~ T`ii ='? -~;• 7 C"': ti~~. ;~ ~. `t't r r` `~ r; ?~ ,~