HomeMy WebLinkAbout08-3978BUMBLE BEE ROLL W, LLC. ~Y(,c, . OP • 3 9 ~ ~ ~ ~~
Owner
LAPP QUALITY BUILDERS
Contractor
WAIVER OF LIEN
WHEREAS, this Waive~f of Liens, dated May 21, 2008, is between BUMBLE BEE HOLLOW
LLC, a limited liability clompany, having an address of 6160G Springford Drive, Harrisburg PA
17111 and ("Owner") an~ LAPP QUALITY BUILDERS, having an address of 5494 Shermans
Valley Road, Loysville 1?~A 17047 ("Contractor").
NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, and
before any authority has ~een given to the said Contractor by Owner to commence any work on
the said Property or to pujrchase materials therefore, does herby, for contractor and for any and all
subcontractors, materialn~en, employees and parties acting or claiming for, through or under
Contractor, covenant ands, agree with described real estate, or the building or improvements to be
erected thereon, for or one 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 an~ completion of said project, or otherwise; and Contractor, for
Contractor and any and 1 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' dens 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 inlthe 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 aid all mechanics' liens or claims filed by Contractor or anyone acting
or claiming for, through oar under Contractor or in violation of this agreement, Contractor, for
itself and all such aforesai 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 Plus of the Commonwealth of Pennsylvania, or any attorney of any other
court or jurisdiction there r elsewhere, to appear in any said courts or jurisdictions for
Contractor and mark satis ied of record, at the cost and expense of Contractor, or any such
subcontractor, materialm ,employee or party, any and all claim or claims, lien or liens filed by
or for Contractor or in its r 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 contain d to warrant such action; and Contractor, for itself and all such parties,
does hereby remise, rele se 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 conlcerning the same.
This agreement and wailer is made and intended to be filed with the Prothonotary of the Court of
Common Pleas of Cumblerland 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 clonsists 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'lall or some of any of them. For the purposes of this agreement and
waiver, the singular shah be deemed to include the plural, and the neuter shall be deemed to
included the masculine aid feminine, as the context may require.
IN WITNESS WHEREOF, Contractor and Owner have hereunto signed and sealed these
presents the date and yeajr first above written.
CONTRACTOR:
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B .,u `~
Y
Print Name:
Title: QcJye~-
OWNER:
BUMBLE BEE,HOLLOW,
LEGAL DESCRIPTION
FOR
BUMBLE BEE HOLLOW
ALL THAT CERTAIN tract of land situate in the Township of Upper
Allen, County of timberland, Commonwealth of Pennsylvania, more particularly
bounded and described as follows, to wit:
K~(TINNIN 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-w y line of U.S. Route 15, North 41 degrees 07 minutes 57 seconds
East, a distance of 04.54 feet to a point; THENCE by same, North 37 degrees 39
minutes 40 seconds ast, a distance of 327.61 feet to a point; THENCE by same, North
40 degrees 50 minut s 30 seconds East, a distance of 282.29 feet to a point; THENCE by
same, North 34 degr~es 31 minutes 11 seconds East, a distance of 200.56 feet to a point;
THENCE by same, outh 30 degrees 45 minutes 45 seconds West, a distance of 202.53
feet to a point; TH NCE by same, North 51 degrees 14 minutes 15 seconds East, a
distance of 155.14 f et to a point; THENCE by same, North 44 degrees 22 minutes 41
seconds East, a dist ce of 203.59 feet to a point; THENCE by same, North 36 degrees
26 minutes, 59 seco ds East, a distance of 151.70 feet to a point; THENCE by same,
North 32 degrees 5 minutes 37 seconds East, a distance of 101.24 feet to a point;
THENCE by same, orth 16 degrees 12 minutes 03 seconds East, a distance of 106.83
feet to a point; TH NCE by same, North 37 degrees 18 minutes, 39 seconds East, a
distance of 259.36 f et to a point; THENCE South 35 degrees 04 minutes 30 seconds
East, a distance of 4.07 feet to a point; THENCE North 52 degrees 09 minutes 52
seconds East, a dist ce of 45.00 feet to a point on the westerly right-of--way line of Old
Hollow Road; THE CE by same, by a curve to the left having a radius of 741.20 feet, an
arc distance of 132.2 feet to a point; THENCE by same, South 48 degrees 03 minutes
28 seconds East, a di tance of 66.31 feet to a point; THENCE by same, North 56 degrees
35 minutes 52 secon s East, a distance of 1.32 feet to a point; THENCE by same South
48 degrees 03 minut s 28 seconds East, a distance of 141.56 feet to a steel re-bar (set);
THENCE by same, y a curve to the right having a radius of 343.27 feet, an arc distance
of 164.55 feet to a p int; 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 ast, a distance of 219.80 feet to a point; THENCE by same by a
curve to the left havi g a radius of 180.00 feet, an arc length of 107.49 feet to a point;
THENCE South 20 egrees 28 minutes 15 seconds East, a distance of 63.84 feet to a
point; THENCE Sou h 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 1 to of Loring L. Thomas, South 02 degrees 35 minutes 59 seconds
East, a distance of 5 4.61 feet to a steel re-bar (set); THENCE by lands of Loring L.
Thomas and Granth Heights, South 39 degrees 17 minutes 22 seconds West, a distance
of 873.66 feet to a ste 1 re-bar (found); THENCE by land of Grantham Heights, South 89
degrees 59 minutes 4 seconds West, a distance of 398.80 feet to an angle iron (found);
THENCE by same, orth 58 degrees 57 minutes 25 seconds West, a distance of 748.13
feet to a point; THE CE South 85 degrees 07 minutes 00 seconds West, a distance of
498.35 feet to a point n the eastern right-of--way line of Rider Lane; THENCE by same,
North 41 degrees 6 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 B GINNING.
THE AB01VE-DESCRIBED PREMISES BEING composed of property
conveyed by (1) Burble Bee Hollow Road Partnership to Klipsen Enterprises, Inc. dated
December 14, 1989 Viand recorded in Cumberland County Deed Book I, Volume 34, Page
1135 (Tax Parcel 4~-11-0276-008); (2) property conveyed by George T. Mummau and
Beth A. Mummau, ''phis wife, to Klipsen Enterprises, Inc. by virtue of a Deed dated
December 11, 1992 end 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 P~tricia D. Eckstein, and John W. Shelton to Bumble Bee Hollow
Sports, Inc. dated Aril 29, 1988 and recorded in Cumberland County Deed Book 176,
Page 968 (Tax Parcel 42-11-0276-007).
Klipsen Enterprises, Inc. and Bumble Bee Hollow Sports, Inc. were merged into
Bumble Bee Ho11ovV Golf, Inc. by Articles of Merger filed with the Pennsylvania
Department of State ~n May 4, 2001.
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