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Home My WebLink About05-2194 In the Court of Common Pleas Of Cumberland County, Pennsylvania 2005- ~;tJ'/ W Waiver of Liens Owner: Keystone Arms Associates, LLC 120 North Pointe Boulevard Suite 301 Lancaster, PA 17601 Contractor: McMichael Builders, LLC 421 Wynwood Drive Willow Street 17584 ... WAIVER OF LIENS WHEREAS, McMICHAEL BUILDERS, LLC. having an address of 421 Wynwood Drive, Willow Street, P A 17584 ("Contractor") has entered into a contr t with KEYSTONE ARMS ASSOCIATES, LLC., having an address of 120 North Poi e Blvd., Suite 301, Lancaster, PA 17601 ("Owner") for the construction ofresidentia buildings and related work upon the lot of ground situate partially in North Middlet n 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 f ground nor the improvements erected or to be erected thereon shall be subject to a r n 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 0 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 Own rat 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, pro se 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 0 er 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 independ nt 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 an 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 Contract r in any of the said Court of Common Pleas as Attorney for Contractor and, in Contracto '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 or the Contractor, or any subcontractor or materialman, or in the name of anyone or mor of them against the building, improvements, lot of ground or any part thereof, and, fo such act or acts, this shall be good and sufficient warrant and authority, and a reference the Court, Term and Number in which and where this instrument shall have been filed hall be a sufficient exhibit of the authority herein contained to warrant such action, and e Contractor does hereby remise, release and quitclaim all rights and all manner of e ors, defects and imperfections whatsoever in entering such satisfaction or in anywise to ching or concerning the same. IN WITNESS WHEREOF, Contractor has executed this instrument this I ~ .,.'" day of April, 2005. Witness/Attest: McMichael Builders, LLC. ;f;; i4J~ By: ~)^iV~~ Wilbur McMichael Member EXHmIT "A" ALL THAT CERTAIN lot or tract of land, with improvements ereon erected, situate partially in North Middlesex Township and partially in Middl sex Township, Cumberland County, Pennsylvania being more fully bounded and described as follows: BEGINNING at the northwesterly corner of the tract on the northerly Ii e of the Carlisle-Harrisburg Turnpike, 0.7 of a mile northeasterly of its intersectio with Pratt Avenue, which corner is 8.540 13'00" W., 3 feet from a concrete monu nt; thence (1) N. 540 13'00" E, along the said northerly line of the Carlisle-Harri burg turnpike, 2,030.73 feet, to a concrete monument; (2) S. 28045'20" E, crossin said turnpike, 1,008.98 feet, to an iron fence post set in concrete, a concrete monu ent marked "US" being placed in line 5 feet from end of course; (3) N. 60048'40" E., 353.53 feet, to an iron fence post set in concrete, 2 concrete monuments marke "US" being placed in line 5 feet each from beginning and end of course; (4) S. 80 56'20" E, 164.80 feet, to a point in the center line of Letort Spring run, 2 conc ete monuments marked "US" being placed in line 5 feet from beginning and 20 fe from end of course; thence along the said center line of the Letort Spring Run t e fOllowing 50 courses: (5) S. 440 15'30" W., 38.80 feet; (6) S. 58023'50" w., 4.14 feet; (7) S. 690 15'20" W., 101.38 feet; (8) S. 320 58'00" W., 39.57 feet; (9) S. 20 35'40" W., 209.84 feet; (10) S. 63000' 10" W., 113.78 feet; (11) N. 61040'40" W., 22.50 feet; (12) N. 14026'00" w., 69.02 feet; (13) N. 660 53'40" W., 36.28 fee; (14) S. 770 50'20" W., 205.74 feet; (15) S. 18030'10" W., 66.03 feet; (16) S. 5 0 24'40" W., 44.89 feet; (17) S. 24018'50" W., 73.25 feet; (18) S. 29011'10" W. 63.04 feet; (19) S. 60029'10" E., 81.83 feet; (20) S. 880 16'00" E, 24.70 feet; ( 1) S 00 58'50" E, 26.32 feet; (22) S. 770 43'00" W., 88.43 feet; (23) S. 420 57'50' W., 32.60 feet; (24) S. 31050'40" E., 117.03 feet; (25) S. 41032'50" W., 97.63 feet; (26) N. 770 38'50" W., 35.31 feet; (27) N. 430 25'30" W., 101.10 feet; (28 S. 33003'00" W., 84.81 feet; (29) S. 560 09'20" w., 122.99 feet; (30) S. 22057'0 ' w., 164.08 feet; (31) S. 37048'00" W., 64.36 feet; (32) S. 1009'20" W., 62.04 feet; (33) S. 300 36'00" w., 37.83 feet; (34) N. 59049'20" W., 92.95 feet; (35) 87024'50" W., 96.93 feet; (36) S. 40 34'20" W., 98.76 feet; (37) S. 36031 '30" ., 37.38 feet; (38) S. 680 31 '40" W., 135.12 feet; (39) S. 0033'50" E, 105.55 feet; (40) S. 89045'20" W., 68.95 feet; (41) N. 26028'00" W., 74.36 feet; (42) N. 60 05'00" E, 46.21 feet; (43) N. 530 30' 10" W., 37.22 feet (44) S. 750 24' 10" W., 66.79 feet; (45) S. 24044'00" w., 33.62 feet; (46) S. 32007'40" E, 52.59 feet; (4 ) S. 57004'40" W., 35.09 feet; (48) S. 51009'10" W., 57.55 feet; (49) N. 21051'4 " W., 73.06 feet; (50) N. 74027'00" W., 34.87 feet; (51) S. 580 24'30" w., 27. 8 feet; (52) S. 260 52'45" W., 73.14 feet; (53) S. 6P 09'15" W., 24.03 feet; (5 N. 73051 '20" W., 196.22 feet: to a point in the center line (produced) of a Count road; thence (55) N. 24044'00" W., along the center line (produced) and the enter 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 (bur' d) in line 165.64 feet from the beginning of course being N. 13048'00" W., 280.78 eet, from the identical corner referred to in 60th course of the description of the ma reservation; thence (56) N. 240 29'00" W., 26.75 feet, to the point of beg inn in , Containing 65.1 acres, more or less. Being the same Premises which Dickinson College, by deed dated Septe ber 17, 2004 and recorded October 4, 2004 in the Recorder of Deeds Office in and or Cumberland County, PAin Record Book 265, Page 2860, granted and conveye unto Keystone Arms Associates, LLC., its successors and assigns. Parcel No. 29-07-0467-004 -- \~ \., , (5; " . ~. w w '>\\ ~ S\. ~ If, ,~ ~ At.. ~"'" ~tt r t o c: ?;., -O~J) rr.n, -? 'J ~i,..r t.,.::" :=:;.:. ,.~~C "'-- ~c< ""L, ;pc ~ ,., "'" ~ ~ ::0 N -J ~ ..... ~~ rn ~~~ -:J:"n C)(') ;-'=rn 9 ~ N "< U1 ~ :x <2