HomeMy WebLinkAbout04-1243Acts of Assembly in such cases made and provided, for work done or materials furnished in and
about the erection, construction or repairs of the structures and improvements on or within the
Property, is hereby waived.
4. In addition to the indemnities and defenses provided in the Contract, the
Contractor shall indemnify and hold harmless the Contracting Party from any claim, liability,
damage, suit, cost and expense (including without limitation reasonable attorney's fees and court
costs) arising, directly or indirectly, from any Lien threatened or filed by the Contractor, its
subcontractors, materialmen or laborers against the Contracting Party, the Property or the
improvements on, or to be built on, the Property.
5. The Contractor agrees to notify all of its subcontractors, materialmen and
laborers that no Lien may be filed against the Property or the improvements on, or to be built on,
the Property.
6. This No-Lien Agreement shall be an independent covenant and shall
operate and be effective with respect to work done and materials furnished under any
supplemental contract for extra work in the construction and installation of improvements on the
Property as well as to any work and labor done and materials furnished in connection such
construction and installation.
IN WITNESS WHEREOF, the parties to this No-Lien Agreement have hereunto
set their hands and seals, the day and year first written.
ATTEST:
LYNMAR BUILDERS ,-.
Name:
Title:
ATTEST:
Name:
Title:
By:DEALS-NOTHING ~-~'~/'/~--~/OV~ER~,/OLLAR, LLC.
By:
Name:
Title:
(SEAL)
2
DESCRIPTION OF PROPERTY
LOT 1
ALL that certain tract of land situate in the Second Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly bounded and described pursuant to the Final
Subdivision Plan for Carlisle Plaza Mall, prepared by Brehm-Lebo Engineering, Inc. recorded in Plan
Book Volume 87, Page 60 at the Office of the Recorder of Deeds, Cumberland County Courthouse,
Carlisle, Pennsylvenia.
BEGINNING at an existing iron pin on the southern right of way line of East High Street
(S.R. 0641) at the northeast corner of lands now or formerly of Kenmar Enterprises; thence along
the southern right of way line of East High Street (S.R. 0641) South 78 degrees, 14 minutes, O0
seconds East, a distance 926.92' to an existing drill hole; thence continuing along the southern
right of way line of East High Street (S.R. O641) South 78 degrees, 34 minutes, 50 seconds East, a
distance of 279.06 feet to a mag nail set at the northwest corner of Lot No. 2 as shown on the
aforementioned Final Subdivision Plan; thence along Lot No. 2 the following six (6) courses: (1)
South 11 degrees, 25 minutes, 32 seconds West, a distance of 30.01 feet to a set mag nail; (2)
South 63 degrees, 35 minutes, 27 seconds East, a distance of 54.91 feet to a set mag nail; (3)
South 38 degrees, 11 minutes, 09 seconds West, a distance of 383.24 feet to a set mag nail; (4)
South 51 degrees, 48 minutes, 51 seconds East, a distance of 49.43 feet to a set mag nail; (5)
South 19 degrees, 36 minutes, 04 seconds East, a distance of 53.67 feet to a set mag nail; (6)
South 38 degrees, 11 minutes, 09 seconds West, a distance of 379.48 feet to a set mag nail on
the northern right of way line of York Road (S.R. 0074); thence along the northern right of way line
of York Road (S.R, 0074), North 51 degrees, 47 minutes, 10 seconds West, a distance of 404.28
feet to an existing drill hole; thence continuing along the same, North 51 degrees, 45 minutes, O0
seconds West, a distance of 777.21 feet to a set drill hole at the southwest corner of lands now or
formerly of Kenmar Enterprises; thence along lands now or formerly of Kenmar Enterprises, North
25 degrees, 34 minutes, 47 seconds East, a distance of 274.37 feet to an existing iron pin on the
southern right of way line of East High Street (S.R. 0641), the POINT OF BEGINNING.
Said tract of land subject to all rights, rights-of-way, and easements of record.
Containing 15.200 acres and being shown as Lot No. 1 on the aforementioned Final
Subdivision Plan for Carlisle Plaza Mall.
LOT 3
ALL that certain tract of land situate in the Second Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly bounded and described pursuant to the
Final Subdivision Plan for Carlisle Plaza Mall, prepared by Brehm-Lebo Engineering, Inc.,
recorded in Plan Book Volume 87, Page 60 at the Office of the Recorder of Deeds, Cumberland
County Courthouse, Carlisle, Pennsylvania.
BEGINNING at a set drill hole on the southern right of way line of East High Street (S.R. 0641)
at the northeast corner of Lot No. 2 as shown on the aforementioned Final Subdivision Plan;
thence along the southern right of way line of East High Street (S.R. 0641) South 78 degrees,
34 minutes, 50 seconds East, a distance of 245.66 feet to an existing drill hole at the
northwest corner of lands now or formerly of Ronald L. Adams; thence along lands now or
formerly of Ronald L. Adams South 12 degrees, 31 minutes, 03 seconds West, a distance of
125.08 feet to a set iron pin on line of lands now or formerly of Ronald L. Adams and at the
northeast corner of Lot No. 2; thence along Lot No. 2 the following five (5) courses: (1) North
78 degrees, 22 minutes, 55 seconds West, a distance of 204.48 feet to a set drill hole; (2)
North 66 degrees, 22 minutes, 24 seconds West, a distance of 26.?9 feet to a set iron pin; (3)
North 40 degrees, 59 minutes, 32 seconds West, a distance of 27.32 feet to a set iron pin; (4)
North 12 degrees, 31 minutes, 03 seconds East, a distance of 79.77 feet to a set drill hole; (5)
North 30 degrees, 05 minutes, 01 seconds East, a distance of 23.50 feet to a set drill hole on
the southern right of way line of East High Street (S.R. 0641), the POINT OF BEGINNING.
Said tract of land subject to all rights, rights-of-way, and easements of record.
Containing 0.712 acres and being shown as Lot No. 3 on the aforementioned Final Subdivision Plan
for Carlisle Plaza Mall.
ACKNOWLEDGMENT
COUNTY OF ~
ss:
On this the ~ ~./~ day of ~0_~) ..,2004., before me, a Notary Public, the
undersigned officer, perso~lly a. ppeare~,~ Z~/~.~<~..(~ , who acknowledged
himself/herself to be t? /.~,~<~ of
c~/'(r~.~c~) ,Z~.c~__~_.~ (the "Contractor"), and that he/she, in such
¢~pacity, being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing on behalf of said Contractor.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
JOANNE M. PLUCK
C~ ~ 12/1~/~ [..l~otary Public
My Commission Expires:/,~//~,~d~
STATE OF~ bJ.~-~f~ )
COUNTY
)
On this, the,~..~,~ day of/~g~.-c~// ,~, 2004, before me, a~otary Public, the
undersigned officer, personally appeared Z~4t. J~,,~-/'t.,~ ~$ , who
a~owledged himself/herself to be the ~~a~ ~f
~,~ ~ ~ , and that he/she as such ~~7, ~ , being
aut~zed to do s~xecuted the foregoing instrument for the purposes therein contained by
~~~. rporation by himself/herself as such .
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
JOANNE NL PLUCK
NOTAEY ~ 0~: ~ ~
Ceramist, lea !~
Notary Public
My Commission Expires: