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HomeMy WebLinkAbout14-5647 S6q) Yn PREPARED BY AND RETURN TO: Matthew C. Sarnley, EsquireJ OF -1- FLE )-cFF[C i ,- REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. Ip 120 North Shippen Street Lancaster PA 17602 214 SEP 23 (717) 393-0671 C U M D E R Tax Account Nos: 38-07-0461-020; 38-07-0461-019; 38-07-0461-018 & COUNTY 38-07-0461-021 B PENNs YLVANIA WAIVER OF LIENS WHEREAS, JJLH Associates, Ltd., a Pennsylvania limited liability company, ("Owner") owns property located at 6714-6720 Carlisle Pike, Silver Spring Township, Cumberland County, Pennsylvania. WHEREAS, Owner entered into a contract dated September 17, 2014 ("Contract") with Professional Design & Construction, Inc., a Pennsylvania corporation with its principal place of business located at 61 Church Street, Landisville, PA 17538, to provide materials and perform labor necessary for the erection of buildings situate upon those certain lots or pieces of ground located along Carlisle Pike and Commerce Drive, Silver Spring Township, Cumberland County, Pennsylvania, further identified and more fully described in the legal description through deeds recorded at the Cumberland County Recorder of Deeds Office in Instrument Nos. 201409259 and 201409260, copies of which are attached hereto and incorporated by reference. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties, as part of the Contract and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor, or materialman, nor any other person furnishing labor or materials to the contractor under the Contract may file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereof of the site which would comprise the future building. 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 and completion of the building(s) or other improvements as to any work and labor done and materials furnished under the contract aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of any building(s) or other improvements on the above-described property. In order to give Owner full power and authority to protect itself, the above-described property, the building(s) or other improvements to be erected and constructed thereon against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such :6 9 1 611J�, 01 CL, I/ f--ff 'R4 Im claims or liens filed in violation of the foregoing waiver and covenant, or(b) to cause to be filed and served in connection with such claims or liens (in the name of Contractor or any subcontractor, laborer or material supplier, or anyone else acting under or through it) any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the court, term and number in which and where this Waiver of Liens shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for them does hereby remise, release, and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This stipulation is made and intended to be filed with the Prothonotary for the County of Lancaster, Commonwealth of Pennsylvania in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963, codified at 49 P.S. Section 1402 (Purdon 1965), of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals this 2214D day of S6'PTC yru4C.., 2014. WITNESSES: CONTRACTOR: PROFESSIONAL DESIGN & /oz CONSTRUCT N, INC. By: Glenn J. Fill, President COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF LANCASTER Z <-69T6r►�c� 2014 On this, the day of , 2642; before me, the undersigned officer, personally appeared Glenn J. Frill, who acknowledged himself to be the President of Professional Design & Construction, Inc., a Pennsylvania corporation, and that he, as such President, being authorized to do so, executed the foregoing Waiver of Liens for the purposes therein contained by signing the name of the corporation by himself as such President and desired that the same might be recorded as such. IN WITNESS WHEREOF, I hereunder set my hand and official seal. C0 TM oR PENNsn AMA NOTARIAL SEAL ' Notary Public HOPE&GLIDDEN,Notary Pubk Lancaster City,Lancaster County My Commission Expires May 3,22016 My Commission Expires: 0036LT Tax Parcel Nos. 38-07-0461-020 38-07-0461-019 & 38-07-0461-018 DEED f THIS DEED is made the 15 day of May, 2014, BETWEEN CUMBERLAND VALLEY MOTORS, INC., a Pennsylvania corporation ("Grantor"), AND JJLH ASSOCIATES, LTD., a Pennsylvania limited partnership ("Grantee"): WITNESSETH That the Grantor in consideration of One Million One Hundred Seventy-Five Thousand and No/100 Dollars ($1,175,000.00) paid by the Grantee to the Grantor, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantee: Tract 1 — 38-07-0461-020 ALL THAT CERTAIN tract or parcel of land, situated, lying, and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, said parcel being Tract 1, Tax Parcel Identification Number 38 07-0461-020 as shown on plat titled, "Existing Features Plan for Faulkner- CVM Motors," by Alpha Consulting Engineers, Incorporated, dated April 1, 2014, last revised date April 11, 2014, more particularly described as follows: BEGINNING at a MAG Nail on the northern legal right of way of Carlisle Pike (S.R. 0011), said MAG Nail being at the southeast corner of lands now or formerly of Cumberland Valley Motors, Inc., being shown as Tract 2 on the aforementioned plat; thence along lands now or formerly of Cumberland Valley Motors, Inc., (Tract 2), North 24 degrees 46 minutes 39 seconds West a distance of 301.22 feet to an iron pin at lands now or formerly of Cumberland Valley School District; thence along lands now or formerly of Cumberland Valley School District, North 67 degrees 43 minutes 21 seconds East a distance of 206.45 feet to a point; thence continuing along lands of CumberlandValley School District, North 24 degrees 23 minutes 57 seconds West a distance of 0.76 feet to a bent iron pin at the common corner of lands now or formerly of Cumberland Valley School District and Ullom Partnership, {A3852978:1j LTD, (Lot 3); thence along lands now or formerly of Ullom Partnership, LTD (Lot 3), North 67 degrees 43 minutes 29 seconds East a distance of 235.03 feet to a common corner at lands now or formerly of Ullom Partnership, LTD, being shown as the common corner between Lot 3 and Lot 2A on the aforementioned plat; thence continuing along lands now or formerly of Ullom Partnership, LTD, (Lot 2A), South 17 degrees 11 minutes 46 seconds East a distance of 338.20 feet to a point on the northern legal right of way of Carlisle Pike (S.R. 0011); thence along said northern legal right of way, South 72 degrees 46 minutes 15 seconds West a distance of 399.91 feet to a MAG Nail, said MAG Nail being the place of BEGINNING. CONTAINING: 134,067 Square Feet (3.08 Acres). Tract 2 — 38-07-0461-019 ALL THAT CERTAIN tract or parcel of land, situated, lying, and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, said parcel being Tract 2, Tax Parcel Identification Number 38-07-0461-019 as shown on plat titled, "Existing Features Plan for Faulkner- CVM Motors," by Alpha Consulting Engineers, Incorporated, dated April 1, 2014, last revised date April 11, 2014, more particularly described as follows: BEGINNING at an iron pin on the northern legal right of way of Carlisle Pike (S.R. 0011), said iron pin being at the southeast corner of lands now or formerly of Cumberland Valley Motors, Inc., being shown as Tract 3 on the aforementioned plat; thence along lands now or formerly of Cumberland Valley Motors, Inc., (Tract 3), North 24 degrees 46 minutes 39 seconds West a distance of 292.43 feet to an iron pin at lands now or formerly of Cumberland Valley School District; thence along lands now or formerly of Cumberland Valley School District, North 67 degrees 43 minutes 21 seconds East a distance of 99.1.1 feet to an iron pin at the northwest corner of lands now or formerly of Cumberland Valley Motors Inc., being shown as Tract 1 on the aforementioned plat; thence along lands now or formerly of Cumberland Valley Motors, Inc., (Tract 1), South 24 degrees 46 minutes 39 seconds East a distance of 301.22 feet to a MAG Nail on the northern legal right of way of Carlisle Pike (S.R. 0011); thence along said northern legal right of way, South 72 degrees 46 minutes 15 seconds West a distance of 99.88 feet to an iron pin, said iron pin being the place of BEGINNING. CONTAINING: 29,390 Square Feet (0.67 Acre). Tract 3 - 38-07-0461-018 ALL THAT CERTAIN tract or parcel of land, situated, lying, and being in the Township of Silver Spring, County of Cumberland and Commonwealth of 1A3852978:1} 2 Pennsylvania, said parcel being Tract 3, Tax Parcel Identification Number 38- 07-0461-018 as shown on plat titled, "Existing Features Plan for Faulkner- CVM Motors," by Alpha Consulting Engineers, Incorporated, dated April 1, 2014, last revised date April 11, 2014, more particularly described as follows: BEGINNING at an iron pin on the northern legal right of way of Carlisle Pike (S.R. 0011), said iron pin being at the southeast corner of lands now or formerly of Cumberland Valley School District; thence along lands now or formerly of Cumberland Valley School District, North 24 degrees 25 minutes 52 seconds West a distance of 278.30 feet to an iron pin; thence continuing along lands now or formerly of Cumberland Valley School District, North 67 degrees 43 minutes 21 seconds East a distance of 156.64 feet to an iron pin at the northwest corner of lands now or formerly of Cumberland Valley Motors, Inc., being shown as Tract 2 on the aforementioned plat; thence along lands now or formerly of Cumberland Valley Motors, Inc., (Tract 2), South 24 degrees 46 minutes 39 seconds East a distance of 292.43 feet to an iron pin on the northern legal right of way of Carlisle Pike (S.R. 0011); thence along said northern legal right of way, South 72 degrees 46 minutes 15 seconds West a distance of 159.56 feet to an iron pin, said iron pin being the place of BEGINNING. CONTAINING: 44,908 Square Feet (1.03 Acres). ALL THREE TRACTS BEING the same premises which Cumberland Valley BMW, Inc., a Pennsylvania corporation, now known as Cumberland Valley Motors, Inc., by its deed dated January 28, 2011 and recorded with the Cumberland County Recorder of Deeds Office as Instrument No. 201103686, granted and conveyed unto Cumberland Valley Motors, Inc., the Grantor herein Grantor hereby covenants and agrees that Grantor will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed as of the day and year first written above. ATTEST: GRANTOR: CUMBERLAND VALLEY MOTORS, INC. By l Jf ! gi�e-. Mon�ique i �— `... Name: Fjh Me L ()JIM C. Ullom Title: Title: President/CEO (A3852978:1) 3 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the./51- day of May, 2014, before me, a Notary Public, the undersigned officer, personally appeared MONIQUE C. ULLOM, who acknowledged herself to be the President/CEO of CUMBERLAND VALLEY MOTORS, INC., a Pennsylvania corporation, and that she as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by herself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. r` 14 �-INotgry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICKEY C SHOOP Notary Public HARRISBURG CITY,DAUPHIN COUNTY My Commission Expires May 29,2017 CERTIFICATION OF ADDRESS I hereby certify that the precise business address of the Grantee herein is: h Attorney for Grantee {A3852978:3) TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = 717-240-6370 9 � Instrument Number-201409259 Recorded On 5/6/2014 At 8:42:34 AM *Total Pages-5 *Instrument Type-DEED Invoice Number-160518 User ID-BMM *Grantor-CUMBERLAND VALLEY MOTORS INC *Grantee-J.ILH ASSOCIATES LTD *Customer-COMMUNITY SETTLEMENT *FEES STATE TRANSFER TAX $11,750.00 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS This page is now part PARCEL, CERTIFICATION $45.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $5,875.00 E SCHOOL DISTRICT SILVER SPRING $5,875.00 TOWNSHIP TOTAL PAID $23,597.00 I Certify this to be recorded in Cumberland County PA d !Ctui VQ O ? RECORDER OF DEEDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0036LT IIILIIII I ILII illl IIIIC III Tax Parcel No. 38-07-0461-0218 DEED THIS DEED is made the (S�day of May 2014, 004038 BETWEEN THE ULLOM PARTNERSHIP, LTD., a Pennsylvania limited partnership("Grantor"), AND JJLH ASSOCIATES, LTD., a Pennsylvania limited partnership ("Grantee"): WITNESSETH That the Grantor in consideration of Three Million Nine Thousand and No/100 Dollars ($3,900,000,00) paid by the Grantee to the Grantor, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantee: Tract 1 ALL THAT CERTAIN tract or parcel of land, situated, lying, and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, said parcel being Lot 2A of Plan Book 23, Page 84, recorded in the Cumberland County Recorder of Deeds office, also being Tax Parcel Identification Number 38-07-0461-021 B as shown on plat titled, "Existing Features Pian for Faulkner-CVM Motors," by Alpha Consulting Engineers, Incorporated, dated April 1, 2014, last revised date April 11, 2014, more particularly described as follows: BEGINNING at a point on the northern legal right of way of Carlisle Pike (S.R. 0011), said point being at the southeast corner of lands now or formerly of Cumberland Valley Motors, Inc., being shown as Tract 1 on the aforementioned plat; thence along lands now or formerly of Cumberland Valley Motors, Inc., (Tract 1), North 17 degrees 11 minutes 46 seconds West a distance of 338.20 feet to a point at lands now or formerly of Ullom Partnership, LTD; thence along lands now or formerly of Ullom Partnership, LTD (Lot 3), North 67 degrees 43 minutes 29 seconds East a distance of 301.19 feet to a point at the common corner of lands now or formerly of Ullom Partnership, LTD and Turkey Hill, L.P.; thence along lands of Turkey Hill L.P., South 17 degrees 11 minutes 46 seconds East a distance of 364.69 feet to a (A3853021:1) concrete monument on the northern legal right of way of Carlisle Pike (S.R. 0011); thence along said northern legal right of way, South 72 degrees 46 minutes 15 seconds West a distance of 300.00 feet to a point, said point being the place of BEGINNING. CONTAINING: 105,434 Square Feet (2.42 Acres). TRACT 1 BEING the same premises which Edwin C. Ullom and Janine R. Ullom by their deed dated December 21, 1999 and recorded with the Cumberland County Recorder of Deeds Office in Deed Book 215, Page 230, granted and conveyed unto The Ullom Partnership, Ltd., a Pennsylvania limited partnership, the Grantor herein. Tract 2 ALL THAT CERTAIN tract or parcel of land, situated, lying, and being in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, said parcel being Lot 3 of Plan Book 23, Page 84, recorded in the Cumberland County Recorder of Deeds office, also being Tax Parcel Identification Number 38-07-0461-021 B as shown on plat titled, "Existing Features Plan for Faulkner-CVM Motors," by Alpha Consulting Engineers, Incorporated, dated April 1, 2014, last revised date April 11, 2014, more particularly described as follows: BEGINNING at a concrete monument on the western legal right of way of Rich Valley Road (S.R. 1009), said concrete monument being at the northeast corner of lands now or formerly of SCP 2009-C34-074 LLC; thence along lands now or formerly of SCP 2009-C34-074 LLC, Turkey Hill, L.P., Ullom Partnership, LTD (Lot 2A), Cumberland Valley Motors, Inc. (Tract 1), and also being shown as the northern line of a 30 foot sanitary sewer easement on aforementioned plat, South 67 degrees 43 minutes 29 seconds West a distance of 914.92 feet to a bent iron pin at lands now or formerly of Cumberland Valley School District; thence along lands now or formerly of Cumberland Valley School District, North 24 degrees 23 minutes 57 seconds West a distance of 325.21 feet to an iron pin; thence continuing along lands of Cumberland Valley School District, North 67 degrees 43 minute 29 seconds East a distance of 897.39 feet to a bent iron pin on the western legal right of way of Rich Valley Road (S.R. 1009); thence along said western legal right of way the following two (2) courses and distances: (1) South 30 degrees 47 minutes 45 seconds East a distance of 60.63 feet to a point; and (2) by a curve to the right having a radius of 1,870.05 feet, an arc length of 266.06 feet, a chord bearing of South 26 degrees 43 minutes 08 seconds East, and a chord distance of 265.84 feet to a concrete monument, said concrete monument being the place of BEGINNING. CONTAINING: 295,908 Square Feet (6.79 Acres). (A3853021:1) 2 TRACT 2 BEING the same premises which P. Kenneth Lehman and Phyllis J. Lehman, by their deed dated June 23, 2005 and recorded with the Cumberland County Recorder of Deeds Office in Deed Book 269, Page 2810, granted and conveyed unto The Ullom Partnership, Ltd., a Pennsylvania limited partnership, the Grantor herein. Grantor hereby covenants and agrees that Grantor will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed as of the day and year first written above. GRANTOR: THE ULLOM PARTNERSHIP, LTD, By its General Partner, the Estate of Witness Janine R. Ullom By L;ique '. Ullom, Co-Executrix By o Ilom, Co- xecutrix Witness By its General Partner, (SEAL) IgUe C. Ullom JA3853021:1) 3 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the day of May, 2014, before me, a Notary Public, the undersigned officer, personally appeared MONIQUE C. ULLOM, who acknowledged herself to be a Co- Executrix of the ESTATE OF JANINE R. ULLOM, General Partner of THE ULLOM PARTNERSHIP, LTD., a Pennsylvania limited partnership, and that she as such Co- Executrix, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Estate as General Partner of the Partnership, by herself as such Co-Executrix. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. /�Jfary?llblic My Commission Expires: (SEAL) 22!!ONWEA[Tk OF PENNSYLVANIA NOTARIAL SEAL RICKEY C SHOOP Public NARRISWRBl,OAUPHIN COUNTY ih ConN�Wga+Ex�6vt M.y Z>i.lOty COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the day of May, 2014, before me, a Notary Public, the undersigned officer, personally appeared BRIGITTE ULLOM, who acknowledged herself to be a Co- Executrix of the ESTATE OF JANINE R. ULLOM, General Partner of THE ULLOM PARTNERSHIP, LTD., a Pennsylvania limited partnership, and that she as such Co- Executrix, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Estate as General Partner of the Partnership, by herself as such Co-Executrix. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. of Public COMMOSYE'" '" PENNSYLVANIA (SEAL) My Commission Expires: E. F'l --- 07ARIAL SEAL CKEY C SHOOPoury Public CITI;OAUPHIN COUNTYoo EXp W may a 2017 w 1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the day of May, 2014, before me, a Notary Public, the undersigned officer, personally appeared MONIQUE C. ULLOM, who acknowledged herself to be a General Partner of THE ULLOM PARTNERSHIP, LTD., a Pennsylvania limited partnership, and that she as such General Partner, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Partnership by herself as such General Partner. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. G' - ry P lic My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEA�� RICKEY C SHOOP HARRISBURG C�DAPubk MN COUNTY My COMM4610n Expires Mly 2D,2017 CERTIFICATION OF ADDRESS I hereby certify that the precise business address of the Grantee herein is: Attorney for Grantee {A3853021:1.) TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE -'—` CARLISLE, PA 17013 717-240-6370 Instrument Number-201409260 Recorded On 5/6/2014 At 8:42:35 AM *Total Pages-6 *Instrument Type-DEED Invoice Number-1605.18 User ID-BMM *Grantor-ULLOM PARTNERSHIP LTD *Grantee-JJLH ASSOCIATES L'I'D *Customer-COMMUNITY SETTLEMENT *FEES STATE TRANSFER TAX $39,000.00 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $13.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $15.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMERLAND VALLEY $19,500.00 SCHOOL DISTRICT SILVER SPRING $19,500.00 TOWNSHIP TOTAL PAID $78,069.00 I Certify this to be recorded in Cumberland County PA crt a°tae 0 � a RECORDER OF DEEDS nao *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page.