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Home My WebLink About94-00652 v. IN THE COURT OF COHMON PLEAS OF CUMBF.RLAND COUNTY I P~NNSYLVANI.^ j NO' (" ') ~ ( I I I' ,( /'i 'I 'I ,. .,. SAMPLE BRIDOE ASSOCIATES, Own.r JOHN W, GLEIM JR" INC, Contractor CONTRAc'rOR' S WAIVER O~' LIENS / It I (l i' \i " , . WA lY.ER O~. LIENS t...i . p( u,) THIS AGREEMENT made this ~. day of ..f'~ I 199(:'"between Sal.ple Brida. Anociat.., a Pennsylvania general partn. ip, with its offic.. at ~570 Carl hI.. Pike, Mechanic.burg, Penn.ylvania ("0 . ") and John W. Gldm, Jr" Inc., a Pennsylvania corporation. with its offices in 475 Sherwood Drive, Carll.le, Pennsylvania ('Contractor'). WHEREAS, by a duly executed written agreement dated f.i.:~ I.M'i'f (the 'Contrect"), Owner and Contractor have contrected for the instal1Addn, conatruction and completion of streets. a etorm water system and sanitary sewer syst.m and all matt.rB p.rtdning thereto including but not limited to Beedlng, grnding, and curbing all in accordance with the Contract (the "ImprovementB") on the Property situate in Silver Spring Township, Cumberland County, Pennsylvania (the 'Property"), said Property being more particularly described in Exhibit 'A' attached hereto Bnd by this reference incorporated herein: and WHEREAS, no authorl.zatiol\ has yet been given by Owner to Contractor to commence its work or purchase materlnls for same; and WHERF.AS, no work ha. commenced on the Property IInd no labor or mat.rials have been delivered to the Property or furniahed for the Improvem.nts by Contractor or any Bub.contractor or materialman. NOW, TII~REFORE, the Contractor, for itself, its succeuor" and anign. and anyone "he acting or cll\imlng through or under it, for and in cano1derl\tion of the Contract and the cona1deratl,ons mentioned therein, and intending to be legally bound hereby, does hereby agree BS follows: 1. Waiver of 1.J...!ul. Contractor hereby waives nnd rellnquishes nIl rights to file n mechnnics' lien, cInim or notice of intention to HIe nny Hen or claim and does hereby covennl\t, promhe nl\d ngree thnt no mechnnicll' lien or claim or other Ihn or clnlm of any kind whnts"ever shnll be filsd or maintained a8"in.t the Improvements or the estnte or title of Owner in the P~operty as described in Exhibit "A' or the curtilage or curtilnges nppuftenBnt thereto, by or In the nnme of Contractor or by or In the name of any subcontractor, materialmen or laborers for work done or mnterlala furnished under the contract or by any other party acting through Ol' under them or any of them for nnd about the Improvements or the Property or any pArt thereof, or on credit thereof, and that all aubcontractora, materialmen. and laboreu on the wo~'k ahall look to and hold Contractor peuonally 1 Lable for all oubcontracta, materlala furnlahed und.r the contract for and about the ol:uctlon, constructLon Rnd complst.Lon of the Improvements, 01' undor any contract for uKtrR work, or for work supplt,mental thereto, or otherwlae, 2, Independent Covenant, Thls Agreement walving the right of lLen shall be an independent covenant nnd .hllll operate and b. effectiv. a. well with rnp.ct to work don. and mst.riala furnhh.d under any .upplt,m.ntal contract for .xtra wOl'k in the erection, conetruction and completion of the aaid Improvem.nt. and II to any work and labor don. and matHiah furnlah.d under the Contract, 3, fower of Attorney, In order to give owner full power and authority to protect iteelf, the property, the eatilte or tHl.. of olmer therdn, and the appurtenance a thereto, againat any and all liens filed by Contraotor or anyone acting under or through it in violation of the foregoing covllnant, Contractor h.reby irrevocably authorlzea and empow.r. any attorn.y of any Court of COllllllon Plen of the Commonwealth of !'ennsylvania to (i) appear as attorney for it, them or any of them, in any Buch Court, and in its or their name or name a , to the extent permitted by la~l. mark satiafied of record at the cost and expenee of Contractor or of any subcontractor 01' materialman, any and all lien or liens, filed in violation of the foregoLng covenant, or (11) cause to be filed alld allrved in connection with such lion or lien. any pleadLng or I.natrument. or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, a. part of the record, tho walvlllr contdned in thi. in.trument; and for .uch ect or acts this inetrum.nt .hsll be good and .ufUciallt warrant and authority, A reforence to the court, torm and number in which snd wh.re thia agreement shall have been filed shall be concluslv. evidence of the authority herein to warrant such action, and Contractor, for itself and for th.m, hereby remlau, relea... and quit.claims all. right. and all mann.r of errore, def.ct. and imp.rfection. what.oever in entering .uch .ati.faction or in filirg .uch pleading, inatrument or amendment, or in any way connarning them, In the event anyone acting through or under contractor shall .0 file a lien in viohtion of the foregoing covenant, owner lnay not exorcise ite rights under thi. Paragraph 3 ullle.. such lien ha. not been stricken or dischsrged (by payment, posting of a bond or other mean.) for a perlod of ten day. after notice of .uoh lion .hall have been rsonived by Contractor, 4, Public Notice, Thls Agreement shall be fUod in the Cumberland County Prothonotary's Offlce as public notice hereof, III ALL THAT CUTAIN tract or parcel of Illnd dtuate in the Township of Sllv.r Sprinl County of CWIlberhnd, ComJDonwedth of Pennsylvania, mors particularly boundsd and described in accordance with The t'inol Subdividon Plan for The Peninsula . Phu. 11, prepared by Hortman t. A..odatu, Inc.. Ensine.re and Surv~yors. deted 8/25/93, as Collows, to wit: BEGINNING et a point In Town.hlp Roed T- 596 (Sample Bridl. Roed). edd point b.1nS North 52' 06' Wsst 249,28 C.et and North ?4' 50' We.t 1773,50 f.et from .n iron pin at the end and in the cent.r of the concr.t.. bridSe ov.r the Conodoluinet Cre.k, .dd point bll1nl on the c.nter Un. of T-596 and alonl Un. of land now or Cor.m.rly DC Kwan H, Won and In..y R. Won, hl8 wif.e, thence continulnl alonl sdd lut mentioned 11ne of land North 07' 22' Wut 452.45 f..t to a point in the c.nterUn. DC T. 596, and bdnS the point and plac. of b.alnninll of thet c.rtdn tract of land conveyed by Sllver Sprina, Inc" Grantor herein, to Sample Bridse As.ociates, Crant..e herein, by P~ed dated Octob.r 15, 1992 and record.d in the Office of the Recorder of Puds in and for Cumb.rland County, Pann.ylvania in Pud Book "Y", Vol, 35, Pas. 318, th.nc. continuing along the canter lin. of Sample Bridl. Road North 12' 41.' 44" Wut a dl8tance of 644.52 feet to a poillt, thence continuing along sald center Un.. by a curv. to the right, sdd curv. having a radius of 650,00 feet, a tangent of 59,29 feet and an arc l.nlth of 118,26 f.et to a point; thence continuing along Baid cent.r lin. North 02' 19' 18" Wut a d1atance of 726.21. feet to a point in the cBnter Un. of T-596, thence continuing along land. now or formerly of Sample BridS. A..ooht.. South 88' 511' 42" W.llt 30 foet to a point marked by a concrete monument. ..id point baing the point of BEGINNING of the tract or parcel of land h.rein d.ecribed; Thence continuing along lands now or formerly of Sample Bridse As.ociates the following sev.n (7) coursos and dlstllncao: (1) South 88' 581 42" W.at a distenc. of 266.50 f..t to a concrete monW1lent, (2) South 87' 31' 43" Eaat a di.tanc, of 50,02 f.et to a point; (3) by a curve to the left havina a radius of 25.00 ra't and an arc lenlth oC 39.27 feet to 0 poi,nt; (II) South 811' 58' 42" West a dl8tance of 58.91 feet to a point, (5) by a curve to the r11ht having a radius DC 325,00 feet and an arc length of 130,59 feat to a point; (6) South 07' 57' 03" Weet a di.tanee of 205.1B feet to a point, (7) South Bl' 30100" West a dhtanc, of 1180,07 fut to a point baing located along the aostern banka of t.h. Conodoluinet Cruk; thence along the Oonodoguinet Creek the Collowing two courees and distances (1) North 10' 50' 57" West a diatance of 650 feee to a point; (2) North 16' 00' 20" Wut, a distance DC 441.47 feat to a point along other lands now or formerly of Sllv.... Spring, Inc" thence 1011vlng the Conodoguinet Creek and along lands of now or formerly of Silver Spring, Inc, the following two (2) cour.es and dietanceal (1) North 54' 36' 35" East, a distnnca of 500,25 f,et to a point, (2) North 71' 001 00" East, a distance of 1,418,00 Ceet to II point on the wutern right of way Une of Sample Bridge Road; thence along the waatern right-of-way Un. of Sample Bridge Road the following uven (7) courua and dtatancul (1) South 2B' 02' 10" Esst, a distance of 265,"', feet to a point, (2) South 01' 52' 43" West, a distnnce of 197,02 feet to a point; 0) South 07' 05' 57" h.tl a distance of 3/15.88 reet to a point; (4) North BB' 51' 14" ElI8t, a dietance of 32.32 feet; (5) South 01' 01' 18" East, II distnnce of 110.14 feat to Exhihit "A" a polnt! (6) South 01" O~I ~8" t:aat, a dletance of 99,44 f....t. cronlnl the terlllnua of Hldden Headow Drive. to a polntj ("n South 02' 19' 18" Int, a dlaeanclI of 494,42 fut to a polnt in the right of way Un. of Sample 8r1dle lload (T-596), the polnt and place of 8t:GINNING, CONTAINING approxlmat.ly 57,137 acrea, UINO KNOWN .. Pha.. 11 .. .hown on t.he abov.-uferenced Subdlv1alon Plan cf Th. r.nin.ula Pha.. 11, lnt.ndad to be reccrd.d in the Offic' of the aecorder of D."da in and for Cumberland County I r.nn.ylvanla. , '" " , ' I I " , ~ 'I 'I \1 i " , , I' , , I I " j.' , , " ,I , 1 I i, , , , , , , , , 'I ;) , ,I , I 1,1 , , " ;11 , , I II , I (I , ,I " " "