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HomeMy WebLinkAbout04-6389 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SCHAERER CONTRACTING COMPANY, INC. Contractor, No. 04. (. 38 q tv>),,-O And NO LIEN AGREEMENT GVH (CARLISLE), L.P. Filed on Behalf of: Owner Owner. Counsel of Record for this Party: Pa. J.D. # Firm # (-) NO LIEN AGREEMENT y , THIS AGREEMENT made this .;!I (lay of -2/l"<"~' 6~, 2004, by and between GVH (CARLISLE), L.P., hereinafter referred to as "Owner", A N D Schaerer Contracting Company, Inc., hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, Owner and Contractor have entered into a contract (the "Agreement") pursuant to which Contractor has agreed to provide certain labor and materials in connection with the construction of a Eckerd Store #6672R (the "Improvements") upon a tract of land situated in Carlisle, Cumberland County, Pennsylvania (the "Premises"), as more fully described in Exhibit "A" attached hereto; and, WHEREAS, the parties hereto have agreed to execute this No Lien Agreement. NOW, THEREFORE, in consideration of the execution and delivery of the Agreement and intending to be legally bound hereby, Contractor, for itself, its successors and assigns, and all subcontractors, materialmen, laborers and other parties acting through or under it or them, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the Premises or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractor, materialmen, laborers or others for work done or for any tools, equipment, materials, supervision or other services furnished under the Agreement or any subcontract and any supplements thereto, written or oral, or by any other party acting through or under them, or any ofthem, for and about the Improvements, the Premises or any parts thereof, or on credit thereof. 2 AND this No Lien Agreement shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and materials furnished under the Agreement. AND, in order to give the Owner full power and authority to protect itself and the Improvements and the Premises against any and all claims filed by Contractor, or by any subcontractor, laborer, materialman or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor, for itself, its successors and assigns, and all such persons, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for it, them, or any of them, in any such Court as attorney for it or them, and in his, its or their name, mark satisfied of record at the cost and expense of Contractor or of any such subcontractor, laborer or materialmen, any mechanic's lien, claim or judgment thereon entered by any such Contractor, subcontractor, laborer or materialmen, or in its or their names against the Improvements or the Premises or any parts thereof, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the docket in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for itself and all subcontractors, laborers and materialmen, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise ofthe authority hereby conferred. It is the full intent of Contractor, for itself and for any subcontractors, laborers or materialmen claiming for themselves, or by, through or under the said Contractor or Contract, that the right to file a mechanics' lien under the provisions of the Acts of Assembly for work done or material furnished on the Premises is hereby waived. This No Lien Agreement will be filed in the Office ofthe Prothonotary of Cumberland County, pursuant to the provisions of the Act of August 24, 1963, P.L. 1175, No. 497, as supplemented and amended. 3 ~ WITNESS the due execution hereof this ;J.I day of nO'? -<AVA,-'L ,2004. OWNER: WITNESS/ATTEST: GVH (Carlisle), L.P. a Tennessee Limited Partnership (Z..'-'(J' < < , d, ;" By: (SEAL) By: Its: WITNESS/ATTEST: (SEAL) 4 EXHIBIT "A" Tract 1 ALL THAT certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at il stake at the Northeastern comer of East Willow Street and South Hanover Street; thence along the Eastern side of South Hanover Street, North 6 degrees 08 minutes 40 seconds East, 195 feet to a stake at line of land now or formerly of A. C. Lessig and in the so-caned Molly Grub Run; thence along said land and UlTough said Run, North 83 degrees 21 minutes 30 seconds East, 225.58 feet to a stake; thence by unopened Cemetery Avenue (20 feet wide), South 6 degrees 08 minutes 40 seconds West, 245 feet to a spike on the Northern side of East Willow Street; thence by said East Willow Street, North 83 degrees 50 minutes West, 220 feet to the Placc of BEGINNING; together with all the rights of ownership, etc., of the grantors in and to the silid Cemetery Avenue mentioned above; being improved with a brick and. concrete block garage, etc., building; said description being according to a survey thereof by Thomas A. Neff, R.S., dated June 27, 1966. BEING the same premises which W. Raymond Black and Katherine E. Black, his wife, by their Deed dated July 6, 1966, and recorded in Cumberland County, Pennsylvania Deed Book "A," Volume 22, Page 403, granted and conveyed unto Dauphin Oil Company, Inc. AND BEING THE SAME PROPERTY WHICH DAUPHIN OIL COMPANY INC., A PENNSYLVANIA CORPORATION, BY ITS DEED DATED /a/H- ,2004 AND RECORED IN CUMBERLAND COUNTY, PENNSYLVANIA DEED BOOK02.t1't?, VOLUME ~, PAGE ,?'7/(?, GRANTED AND CONVEYED UNTO GVH (CARLISLE), L.P. Tract 2 ALL THAT CERTAIN tract of land Situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsyl\1ania, bounded and described as follows: BEGINNING at the intersection of the northern line of East Willow Street with the eastern line of an alley (20 foot wide unopened Cemetery Avenue), which point also is 240 feet distant easterly from South Hanover Street, along East Willow Street; thence along the eastern side of said alley, North 6 degrees 8 minutes 40 seconds East 243.54 feet to a point in a waterway locally known as the Molly Grub at line of land now or formerly of Jwnes C. and Ji\1 S. Bartoli; thence continuing in or along said Molly Grub, along line of land now or fOflllerly of James C. and Jill S. Bartoli, North 83 degrees 40 minutes 00 seconds East 138.94 feet, to a point; thence through the property of the Grantor herein. South 6 degrees 10 minutes ()() seconds West 186.23 feet to a point at which there is proposed to be placed a concrete monument, at line of land now or formerly of Ted R. Shover; thence along line of land now or foonerly of Ted R. Shover, South 83 degrees 11 minutes 24 seconds West 21.50 feet to a point; thence continuing along the same, South 4 degrees 40 minutes 00 seconds West 82.50 feet to an iron pipe at the nonhero dedicated right-of. way line of East Willow Street; thence along the said northern dedicated right-of-way line of Ellst Willow Street, North 83 degrees 50 minutes 00 seconds West 116.50 feet to the Point and Place of BEGINNING. BEING bounded and described in accordance with the Final Subdivision/Land Development Plans for Eckerd, prepared by Bohler Engineering, Inc.. 1120 Welsh Road, Suite 200, NQrth Wales, PennsY1'>>~nia 19454. dated August 26, 2003, revised January 23, ~004 and recorded 'in Plan Book -9/J. Page / G ,et sic. The deSCription for the above described parcel of land is set forth on Sheets I of II, and II of I I, of said Plan. TOGETHER WIm any and all of Grantor's right, title and interest in and to Cemetery Alley which was abandoned by Ordinance No. 200S, a coPy of which is attached hereto as Exhibit "A." BEING THE SAME PROPERTY WHICH ALAN D. SHOVER AND BECKEY J. SHOVER, HUSBAND AND WIFE, BY THEIR DEED DATED nht/. / .~,~/AND RECORDED IN CUMBERLAND COUNT, PENNSYVANIA IN DEED BOOK,;;?66 , VOLUME -=-' PAGE37'oO, GRANTED AND CONVEYED UNTO GVH (CARLISLE), L.P. The property described above as Tract I and Tract 2 was further conveyed by GVH (Carlisle), L.P., pursuant to Deed of Consolidation recorded simultaneously herewith. The consolidated property and the property conveyed hereby is described as follows: ALL THAT CERTAIN LOT TRACT OF LAND SITUATE IN THE SECOND WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FORMED BY THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WILLOW STREET (A.K.A. EAST WILLOW STREET, 60 FOOT WIDE RIGHT -OF -W A Y), WITH THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF HANOVER STREET (A.K.A. PENNSYLVANIA STATE HIGHWAY ROUTE 34, A.K.A. SOUTH HANOVER STREET, A.K.A. S.R. 0034, 80 FOOT WIDE RIGHT -OF-WAY), AND FROM SAID POINT OF BEGINNING RUNNING, THENCE; 1. ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF HANOVER STREET, NORTH 06 DEGREES 08 MINUTES 40 SECONDS EAST, A DIST ANCE OF 195.00 FEET TO A POINT, THENCE; 2. ALONG THE DIVIDING LINE BETWEEN PARCEL NO. 03-22-0485-004, LANDS NOW OR FORMERLY DAUPHIN OIL CO., INC., PARCEL 03- 22-0485-003 LANDS NOW OR FORMERL Y VALENTI MID-ATLANTIC REALTY, LLC, AND THROUGH MOLLY GRUB RUN, NORTH 84 DEGREES 50 MINUTES 03 SECONDS EAST, A DISTANCE OF 224.34 FEET TO A POINT ON THE NORTHWESTERLY RIGHT -OF-WAY LINE OF CEMETERY AVENUE (20 FOOT WIDE RIGHT-OF-WAY, NOT OPENED), THENCE; 3. ALONG A LINE THROUGH THE BED OF CEMETERY AVENUE, ALSO THE DIVIDING LINE BETWEEN PARCEL 03-22-0485-009, LANDS NOW OR FORMERLY SHOVER AND PARCEL 03-22-0485-010, LANDS NOW OR FORMERLY BARTOLI, AND THROUGH MOLLY GRUBB RUN, NORTH 83 DEGREES 40 MINUTES 00 SECONDS EAST, A DISTANCE OF 159.16 FEET TO A POINT, THENCE; 4. ALONG A LINE THROUGH PARCEL 03-22-0485-009, SAID LINE ALSO BEING THE DIVIDING LINE BETWEEN PROPOSED LOT I AND PROPOSED LOT 2, SOUTH 06 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 186.23 FEET TO A POINT, THENCE; THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE DIVIDING LINE BETWEEN PARCEL 03-22-0485-009 AND PARCEL 03-22-0485-005, LANDS NOW OR FORMERLY SHOVER: 5. SOUTH 83 DEGREES 11 MINUTES 24 SECONDS WEST, A DlSTAN'CE OF 21.50 FEET TO A POINT, THENCE; 6. SOUTH 04 DEGREES 40 MINUTES 00 SECONDS WEST, A DISTANCE OF 82.50 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF- WAY LINE OF WILLOW STREET, THENCE; 7. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WILLOW STREET, NORTH 83 DEGREES 50 MINUTES 00 SECONDS WEST, A DlST ANCE OF 356.50 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 85,872 SQUARE FEET OR 1.971 ACRES THIS PROPERTY SUBJECT TO RESTRICTIONS, COVENANTS AND/OR EASEMENTS, EITHER WRITTEN OR IMPLIED. BEING DESCRIBED AND SHOWN ON A PLAN ENTITLED "ECKERD CARLISLE, PASTORE NO. 6672R" PREPARED BY CONTROL POINT ASS CIATES, INC, DATED MARCH 11,2003 AND RECORDED ON /.:2. OZC ,2004, IN THE RECORDER OF DEEDS IN AND FOR C MB RLAND COUNTY, PENNSYLVANIA IN BOOK 7t'J, PAGE /6 . AND BEING THE SAME PROPERTY CONVEYED TO GVH (CARLISLE), L.P. BY DEED F CONSOLIDATION FROM GVH (CARLISLE), L.P., DATED 102 /6 , 2004, AND RECORDED IN CUMBERLAND COUNTY, PENN YLVANIA DEED BOOK_, VOLUME ,PAGE ~~ . v., ~ ""'J I.l'I 0<) ex, '^' -" ,u r_ ~ :--\ t R. -S '" C) ~"'::? ") " :~n ',2 I (') [',' --1 "',- c~,-]