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HomeMy WebLinkAbout96-01498 "llO UNITED CEREBRAL PALSY OF THE CAPITAL AREA. Owner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. PENNSYLVANIA v, : NO.: C, (..- /lJ.q & rn LP MILLER & NORFORD, INC" Contractor : WAIVER OF LIENS '10,- f:l. THIS AGREEMENT made this 11!! day of /1'11'11.11 , 1996, between United Cerebral Palsy of the Capital Area, a charitable Pennsylvania nonprofit corporation. with its offices at 925 Linda Lane, Camp Hill, Pennsylvania ("Owner") and Miller & Norford. Inc.. a Pennsylvania corporation. with its offices in 700 Ayers Avenue, Lemoyne, P:nnsylvania ("Contractor"). WHEREAS. by a duly executed written Agreement of even date herewith (the "Contract"), Owner and Contractor have contracted for the construction and completion of an approximately 12,000+ sq. foot facility, parking area and play area (the "Improvements") to comprise the Children's Center for United Cerebral Palsy of the Capital Area, all in accordance with the Contract on a 2.67j: acre tract or parcel of land on South 38th Street in Hampden Township, Cumberland County, Pennsylvania, more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"); and WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub- contractor or materialman. NOW, THEREFORE, the Contractor, for itself. its successors and assigns and anyone else a.;ting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: ALL THAT CERTAIN tract or parcel of land situate in Hampden Township. Cumberland County. Commonwealth of Pennsylvania. bounded and des.;ribed as follows, to wit: BEGINNING at a concrete monument (proposed) on the eastern right-of-way line of 38th Street (SO' wide R,Q,W,) at the corner of lands now or formerly of Mervin E. and Martha B, Manning; thence along the aforementioned lands North sixty-seven degrees thirty-three minutes forty-three seconds East (N 670 33' 43" E) a distance of two hundred lifty-three and thirty-seven hundredths feet (253.37') to a concrete monument (proposed); thence continuing along said lands North nineteen degrees three minutes twenty-nine seconds West (N 19003' 29" W) a distance of two hundred twenty and sixty-three hundredths feet (220.63') to a concrete monument (proposed) at lands now or formerly of Hugh 1. and Tina M, Cannon; thence along the aforementioned lands North sixty-eight degrees twelve minutes seventeen seconds East (N 680 12' 17" E) a distance of fifteen and ninety-six hundredths feet (15.96') to a concrete monument (proposed) at lands now or formerly of Richard and Victoria Woznock; thence along the aforementioned lands and lands now or formerly of 10hn and Helen Keener North sixty-seven degrees seventeen minutes forty-nine seconds East (N 670 17' 49" E) a distance of eighty-five and eighty-seven hundredths feet (85,87') to a concrete monument (proposed) at the corner of lands now or formerly of Alan L. and Dorothy Gesford; thence along the aforementioned lands South thiny degrees lifty-four minutes six seconds East (S 300 54' 06" E) a distance of two hundred twenty-one and twenty-one hundredths feet (221.21') to a concrete monument (proposed) at lands now or formerly of Douglas 1. and Sandra Stauffer; thence along the aforementioned lands South thiny-one degrees twenty-four minutes fifty-two seconds East (S 310 24' 52" E) a distance of two hundred twenty-four and fifty-three hundredths feet (224.53') to a concrete monument (proposed) at line of lands now or formerly of Keys-Pealers, Ltd.; thence along the aforementioned lands South sixty-seven degrees ten minutes thiny-six seconds West (S 670 10' 36" W) a distance of two hundred one and fony-six hundredths feet (201.46') to a concrete monument (proposed); thence continuing along the aforementioned lands South seventy degrees four minutes thiny-four seconds West (S 700 04' 34" W) a distance of one hundred thiny and seventy-one hundredths feet (130.71') to a concrete monument (proposed) at lands now or formerly of Pit Saeng Brown and Chong Hui Knab; thence along the aforementioned lands North thiny-one degrees thiny minutes thineen seconds West (N 310 30' 13" W) a distance of thiny and sixty-two hundredths feet (30.62') to a concrete monument (proposed); thence continuing along the aforementioned lands South seventy degrees four minutes thirty-four seconds West (S 700 04' 34" W) a distance of one hundred four and eighteen hundredths feet (104.18') to a concrete monument on the eastern right-of-way of 38th Street; thence along the eastern right-of-way line of 38th Street North twenty degrees fony-eight minutes thirty-one seconds West (N 200 48' 31" W) a distance of one hundred eighty-one feet (181.00') to a concrete monument (proposed), the point and place of BEGINNING, Exhibit "A"