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Home My WebLink About06-3376 , ~ttpulatton ~gatn1it 1Lten1i LEHMAN'S CROSSING, LLC, a Pennsylvania limited liability company, CUMBERLAND COUNTY, PENNSYLVANIA Owner v. NO. . 2006 - .J.37f.e. rn l..G 1V2-~ LEON E. WINTERMYER, INC., a Pennsylvania corporation, Contractor WHEREAS, LEHMAN'S CROSSING, LLC, a Pennsylvania limited liability company, with its principal place of business at 1300 Market Street, Lemoyne, Pennsylvania, Owner of the hereinafter described tract of land (hereinafter called "Owner"), has executed a contract with Leon E. Wintermyer, Inc., a Pennsylvania corporation, with its principal place of business at 220 Yocumtown Road, Etters, Newberry Township, York County, Pennsylvania (hereinafter called "Contractor"), for installation and construction of certain municipal improvements including, but not limited to, sanitary and stormwater facilities, streets, water and other' municipal improvements upon Owner's tracts of land (and certain off-site improvements), situate in North Middleton Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: ALL THOSE CERTAIN two (2) parcels or pieces of ground situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT 1: BEGINNING at a point on the western dedicated right-of-way line of Long's Gap Road (T- 494), at the northeast corner of land now or formerly of Kory L. Kann and Vicki S. Kann, THENCE along the northern line of said Kann land and continuing along the northern line of land now or formerly of Ralph E. Crone and Jayne E. Crone, South 72 degrees, 37 minutes, 48 seconds West, a distance of 880,33 feet to a point on the eastern line of land now or formerly of David R. Myers, Jr. and Erica C. Myers, THENCE along the eastern line of said Myers land, North 53 degrees, 14 minutes, 38 seconds West a distance of 92.19 feet to a point at the easternmost corner of land now or formerly of Susan D, Rose, THENCE along the eastern line of said Rose land, North 55 degrees, 57 minutes, 34 seconds West a distance of 633.88 feet to a point at the southernmost corner of land now or formerly of Allen " - G. Davis, II and Kristi L. Davis; THENCE along the eastern line of said Davis land and continuing along the eastern line of land now or formerly of Douglas K. Dellinger and Geralyn M, Dellinger and continuing along land now or formerly of Darrick Gula, North 11 degrees, 48 minutes, 34 second East a distance of 600.37 feet to a point at the westernmost corner of Lot No. 3 on the hereinafter described Final/Minor Subdivision Plan, THENCE along the southern line of said Lot No.3, North 66 degrees, 50 minutes, 22 seconds East, a distance of 810.56 feet to a point on the northern line of land now or formerly of Chester F. Kamoski, Jr. and Joan E. Kamoski, THENCE along the northern line of said Kamoski land, continuing along the northern line of land now or formerly of Samuel E. Rupp and Joan Rupp, and continuing along land now or formerly of Michael J. Clinton and Nancy E. Clinton, South 23 degrees, 09 minutes, 39 seconds East a distance of 356.22 feet to a point at the westernmost corner of land now or formerly of David R. Owings and Ann L. Owings, THENCE along the western line of Owings land, South 21 degrees, 22 minutes, 39 seconds East, a distance of 190.00 feet to a point at the westernmost corner of land now or formerly of M&J Explosives, THENCE along the western line of said M&J Explosives land, South 21 degrees, 22 minutes, 39 second East, a distance of 225.00 feet to a point at the southernmost corner of land now or formerly of M&J Explosives, THENCE along the southern line of said M&J Explosives land, North 66 degrees, 57 minutes, 21 seconds East, a distance of 163.59 feet to a point on the western dedicated right-of-way line of Long's Gap Road (T-494), THENCE along the dedicated right-of-way line of Long's Gap Road (T-494), South 17 degrees, 45 minutes, 23 seconds East, a distance of 423.92 feet to a point at the northeast corner of land now or formerly of Kory L. Kann and Vicki S. Kann, the point and place of BEGINNING. CONTAINING 26.44 acres, more or less BEING Lot No.2, Final/Minor Subdivision Plan of the Carl G. Lehman and Isabel W. Lehman Properly, dated June 10,2005, last revised December 12, 2005, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 91, Page 141. TRACT 2: BEGINNING at a point on the western dedicated right-of-way line of Long's Gap Road (T- 494), at the northeast corner of land now or formerly of Robert J. Wertz, THENCE along the northern line of said Wertz land, South 66 degrees, 50 minutes, 21 seconds West, a distance of 170.17 feet to a point at the westernmost corner of said Wertz. land, THENCE along the western line of land now or formerly of Robert J. Wertz. and continuing along the western line of land now or formerly of Chester F. Kamoski, Jr. and Joan E. Kamoski, South 23 degrees, 09 minutes 39 seconds East, a distance of 253.78 feet to a point at the northernmost corner of Lot NO.2 on the hereinafter described Final/Minor Subdivision Plan, THENCE along the northern of said Lot No.2, South 66 degrees, 50 minutes, 22 seconds West, a distance of 810.56 feet to a point on the eastern line of land now or formerly of Darrick Gula, THENCE along the eastern line of said Gula land, continuing along the eastern line of Lot No. 40 of Hillcrest Farms West, and continuing along the eastern line of Lot No. 42 of Hillcrest Farms West the following two courses and distances: (1) North 11 degrees, 48 minutes, 34 seconds East, a distance of 421.44 feet and (2) North 36 degrees, 48 minutes, 34 seconds East, a distance of 660.65 feet to a point on the western dedicated right-of-way line of Long's Gap Road (T -494), THENCE along the western dedicated right- of-way line of Long's Gap Road the following two courses and distances: (1) South 51 degrees, 36 minutes, 19 seconds East, a distance of 203.07 feet and (2) by a curve to the 2 eo right having a radius of 595.00 feet and an arc length of 255.59 feet to a point on the northern line of land now or formerly of Robert J. Wertz, said point being the point and place of BEGINNING. CONTAINING 8.63 acres, more or less BEING Lot No.3, Final/Minor Subdivision Plan of the Carl G. Lehman and Isabel W. Lehman Property, dated June 10, 2005, last revised December 12, 2005, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 91, Page 141. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the above-described contract, for itself and its subcontractors, and all parties acting through or under Contractor and its subcontractors, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the above-described real estate for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the completion of the site work and other improvements, as described above, on the real estate above described and said Contractor, for itself, its subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the real estate above described, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS, our hands and seals this 1.3~' day of June, 2006. Owner: LEHMAN'S CROSSING, LLC a Pennsylvania limited liability company By: ~;.f; Alton E. Hughes, Contractor: LEON E. WINTERMYER, INC., a Pennsylvania corporation By::;fr- /~ ~ N me: Lei/rI~. w, rrte.rrrJ<je, Title: ~. :277088 3 .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the , 3~ day of _ )Ll.1'\-L , 2006, before me, the undersigned officer, personally appeared Alton E. Hughes, Jr., who acknowledged himself to be the Managing Member of Lehman's Crossing, LLC, and that he as such Managing Member, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing as a Managing Member. :ss. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'drm (l ~cL Notary Public COMMONWEAlTH OF PENNSYlVANIA NOTARIAL SEAL LORI A. RICHARD, Notary Public Lemoyne Bora., Cumberland County My Commission Expires NaY. 12, 2006 Member. Pennsylvania Assocla~on of Notaries COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF On I 3:tb , 2006, before me, the undersigned officer, p~rso.nally appeared L iT\. I () eY(r)i V) ,who ackno~edged himself to be the tlesld'bV'lf of Leon E. Wintermyer, I c., and that he as such rr.e5idW , being authorized to do so, executed the foregoin~_ instrument for the purposes therein contained by signing the name of the Corporation as Jej!y\ (.W, A~rrJl/er;r:Y'l:l- IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~.~ Notarial Seal Cyn.thia Y. Lester. Notary Public Newberry Twp.. York County My Commission Expires Nov, 12, 2006 Member, Pennsylvania Association of Notaries 4 G .L?, 1- --. f'\ tl h () C- "- --- ~ ...() -) ..0 C> \~~ -... "'Q (--- trl \' ~ !2 --t~ L t/ B r ~ > n , ' , ,..., f.:::::> ("~".) ,-::1'''' <- {;-:=; _,.L,~ - ,- ~'~ -' o 00" .-1 :c~ rne -,,}\:. '-0 ;~~~1C~), :'-'."1 i,}C~ ~',;)]n '.:.., ? ~ - .' o +'~