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Home My WebLink About04-6198WAIVER OF LIENS WHEREAS, JOHN W. GLEIM, JR., INC. having an address of 625 Hamilton Street, Carlisle, PA 17013 ("Contractor") has entered into a contract with KEYSTONE ARMS ASSOCIATES, LLC., having an address of 120 North Pointe Blvd., Suite 301, Lancaster, PA 17601 ("Owner") for site work infrastructure, grading, road construction, utility trenching and related work upon the lot of ground situate partially in North Middleton Township and partially in Middlesex Township, Cumberland County, PA and more particularly described in Exhibit "A" hereof; and WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due by Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lots of ground or any part thereof, or the curtilage or curtilages appurtenant thereto, by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. AND this agreement, waiving the right of lien by anyone, 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 erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect Owner and the building, improvements and lots of ground against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Court of Common Pleas as Attorney for Contractor and, in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN. ~V'ITNESS WHEREOF, Contractor has executed this instrument this /~/'~ day of December, 2004. Witness/Attest: B J~W. Gl'eimJr. ~' ' f5¢/'~' //~ident EXHIBIT "A" ALL THAT CERTAIN lot or tract of land, with improvements thereon erected, situate partially in North Middlesex Township and partially in Middlesex Township, Cumberland County, Pennsylvania being more fully bounded and described as follows: BEGINNING at the northwesterly comer of the tract on the northerly line of the Carlisle-Harrisburg Turnpike, 0.7 of a mile northeasterly of its intersection with Pratt Avenue, which comer is 8.54° 13'00" W., 3 feet from a concrete monument; thence (1) N. 54° 13'00" E., along the said northerly line of the Carlisle-Harrisburg turnpike, 2,030.73 feet, to a concrete monument; (2) S. 28° 45'20" E., crossing said turnpike, 1,008.98 feet, to an iron fence post set in concrete, a concrete monument marked "US" being placed in line 5 feet from end of course; (3) N. 60° 48'40" E., 353.53 feet, to an iron fence post set in concrete, 2 concrete monuments marked "US" being placed in line 5 feet each from beginning and end of course; (4) S. 38° 56'20" E., 164.80 feet, to a point in the center line of Letort Spring run, 2 concrete monuments marked "US" being placed in line 5 feet from beginning and 20 feet from end of course; thence along the said center line of the Letort Spring Run the following 50 courses: (5) S. 44° 15'30" W., 38.80 feet; (6) S. 58° 23'50" W., 84.14 feet; (7) S. 69° 15'20" W., 101.38 feet; (8) S. 32° 58'00" W., 39.57 feet; (9) S. 12° 35'40" W., 209.84 feet; (10) S. 63° 00'10" W., 113.78 feet; (11) N. 61° 40'40" W., 22.50 feet; (12) N. 14° 26'00" W., 69.02 feet; (13) N. 66° 53'40" W., 36.28 feet; (14) S. 77° 50'20" W., 205.74 feet; (15) S. 18° 30'10" W., 66.03 feet; (16) S. 57° 24'40" W., 44.89 feet; (17) S. 24° 18'50" W., 73.25 feet; (18) S. 29° 11'10" W., 63.04 feet; (19) S. 60° 29'10" E., 81.83 feet; (20) S. 88° 16'00" E., 24.70 feet; (21) S 0° 58'50" E., 26.32 feet; (22) S. 77° 43'00" W., 88.43 feet; (23) S. 42° 57'50" W., 32.60 feet; (24) S. 31° 50'40" E., 117.03 feet; (25) S. 41° 32'50" W., 97.63 feet; (26) N. 77° 38'50" W., 35.31 feet; (27) N. 43° 25'30" W., 101.10 feet; (28) S. 33° 03'00" W., 84.81 feet; (29) S. 56° 09'20" W., 122.99 feet; (30) S. 22° 57'00" W., 164.08 feet; (31) S. 37° 48'00" W., 64.36 feet; (32) S. 1° 09'20" W., 62.04 feet; (33) S. 30° 36'00" W., 37.83 feet; (34) N. 59° 49'20" W., 92.95 feet; (35) S. 87° 24'50" 37.38 feet; (40) S. 89° W., 96.93 feet; (36) S. (38) S. 68° 31'40" W., 45'20" W., 68.95 feet; 4° 34'20" W., 98.76 feet; (37) S. 36° 31'30" W., 135.12 feet; (39) S. 0° 33'50" E., 105.55 feet; (41) N. 26° 28'00" W., 74.36 feet; (42) N. 6° 05'00" E., 46.21 feet; (43) N. 53° 30'10" W., 37.22 feet (44) S. 75° 24'10" W., 66.79 feet; (45) S. 24° 44'00" w., 33.62 feet; (46) S. 32° 07'40" E., 52.59 feet; (47) S. 57° 04'40" W., 35.09 feet; (48) S. 51° 09'10" W., 57.55 feet; (49)N. 21° 51'40" W., 73.06 feet; (50) N. 74° 27'00" W., 34.87 feet; (51) S. 58° 24'30" W., 27.68 feet; (52) S. 26° 52'45" W., 73.14 feet; (53) S. 61° 09'15" W., 24.03 feet; (54)N. 73° 51'20" W., 196.22 feet: to a point in the center line (produced) of a county road; thence (55) N. 24° 44'00" W., along the center line (produced) and the center line of the said county road, 1,141.53 feet, to a point in the center line of the aforementioned Carlisle-Harrisburg Turnpike (old location), an iron pipe (buried) in line 165.64 feet fi.om the beginning of course being N. 13° 48'00" W., 280.78 feet, from the identical comer referred to in 60th course of the description of the main reservation; thence (56) N. 24° 29'00" W., 26.75 feet, to the point of beginning, Containing 65.1 acres, more or less. Being the same Premises which Dickinson College, by deed dated September 17, 2004 and recorded October 4, 2004 in the Recorder of Deeds Office in and for Cumberland County, PA in Record Book 265, Page 2860, granted and conveyed unto Keystone Arms Associates, LLC., its successors and assigns. Parcel No. 29-07-0467-004