HomeMy WebLinkAbout97-04431
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WAIVER OF LIENS
THIS AGREEMENT made and concluded this twelfth day of August, 1997,
bctween Carlisle Hospital. party of the first part (hereinafter ealled O\\ner), and The
Norwood Company, party of the second part (hereinafter called Contractor).
WHEREAS. the said parties have by a duly executed Agreement under seal,
entered into a \\Tillen contract for the erection. construction and completion of a 24.000 sf
free standing Ambulatory Procedure Center to bc erected on real estate described in
Exhibit "A" attached.
WHEREAS, by the tenns of the contract. aforesaid. the Contractor covenanted.
promised and agreed that no mechanics' or materialmen's lien or claims would be filed or
maintained against the said building or buildings or any part thereof. or the curtilage or
curtilages appurtenant thereto. either by himself or anyone else for or on account of any
work. labor or materials supplied in the perfonnance of the said contract, or under any
supplemental contract or for extra work. in the erection. construction or completion of the
said building or buildings or any of the curtilages appurtenant thereto.
NOW THIS AGREEMENT WITNESSETH: That the Contractor. for himself and
anyone else acting or claiming through or under him. for and anyone else acting or
claiming through or under him. for and in consideration of the contract aforesaid and the
considerations mentioned thereunder. as well as the further consideration of One Dollar
($1.00) to him in hand paid by the Owner at or before the sealing and delivery of these
presents, the receipt whereof is hereby acknowledged. docs hereby waive and relinquish
all right to file a ml'Chanics' lien. claim or notice of intention to file any lien or claim. and
does hereby covenant. promise and agree that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the said building or
buildings or the curtilal,'C or curtilagcs appurtenant thereto. by or in the name of
contractor or any Subcontractors. materialmen or laborers for work done or materials
furnished under said contract or by any other party acting through or under them or an)' of
them for and about said building or buildings or any part thereof, or on cn.>dit hen.'Of. and
that all Subcontractors. materialmen. and laborers on said work shall look to and bold
contractor personally liable for all subcontracts. materials furnished and work and labor
done. so that there shall not be any kgal or lawful claim of any kind \\hate\'er against
O\\lICr for any work ..Itlll< or labor or materials fumisht.'li under said contract for and
about the erection. construction and \.'ompletion "I' said lIuildings as aloresai~lr iDler ';
any contract for (lIlra "\Jrk or tor \\01'1. sUl'Jllemcntal theMo. or utherwise. :::t: .
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STATLER - BREHM ASSOCIATES, INC.
ENGINEERS . PLANNERS . SURVEYORS
ALL the following described real estate situate in South Middleton Township,
Cumberland County, Pennsylvania, being more particularly described as Lot 2 as laid out
and shown on the Subdivision Plan for Sprint, bounded and described as follows:
BEGINNING at an iron pin now set on the Southern Right-of-Way line of
Alexander Spring Road at the Northwest corner of the land now or formerly
of Drew L. Stoken and Daniel P. Hely said place of beginning being also
situate at the Northeast corner of Lot 2 as laid out and shown on the
Subdivision Plan for Sprint dated April 8, 1997, and prepared by Statler-
Brehm Associates, Inc., which is intended to be recorded among the Plat
Records of Cumberland County, thence leaving said place of beginning and
said Northern Right-of-Way line and running with and binding on the
boundary of said Stoken I Hely land (1) South 250 42' 08" East 652.56 feet
to a concrete monument heretofore set at the Northeast comer of the land
now or formerly of Bradford H. and Melinda K. Wenger and William N. and
Louise R. H. Wenger, thence running with and binding on the boundary of
said Wenger land (2) South 450 33' 55" West 456.10 feet to an iron pin
heretofore set at the Northeast corner of the land now or formerly of
Cumberland County Historical Society and Hamilton Library Association,
thence running with and binding in part on the boundary of said land and ,
in part, running with and binding on the boundary of the herein mentioned
Lot 2, in all, (3) South 61040' 07" West 643.10 feet to an iron pin now set
on the Eastern Right-of-Way line of Sprint Drive as laid out and shown on
the herein mentioned Subdivision Plan, thence running with and binding on
said Eastern Right-of-Way line (4) North 780 33' 57" West 417.55 feet to an
iron pin now set at the Southwest corner of the herein mentioned Lot 2,
thence leaving said Eastern Right-of-Way line and running with and binding
on the boundary of said Lot 2 (5) North 11 0 26' 02" East 1176.09 feet to an
iron pin now set on the herein mentioned Southern Right-of-Way line of
Alexander Spring Road, thence running with and blnding on said Southern
Right-of.Way line the three following courses and distances, viz; (6) South
80058' 160 East 516.02 feet to an iron pin now set, thence (7) by a line
curving to the left in an Easterly direction with a radius of 383.28 feet for the
distance of 241.11 feet the arc of which is subtended by a chord bearing
North 810 00' 26" East 237.16 feet to an iron pin now set, and thence (8)
North 620 59' or East 46.01 feet to the place of beginning.
CONTAINING 25.000 kres or 1,089,000 Square Feet of land, more Of less.
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26 STAn; A VENUF~ SUITE 102
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711-267.1.01
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STATLER - BREHM ASSOCIATES, INC.
ENGINEERS . PLANNERS . SURVEYORS
ALL the following described real estate situate in South Middleton Township,
Cumberland County, Pennsylvania, being more particularly described as the Right-of-Way
for Sprint Drive, bounded and described as follows:
BEGINNING at a point situate at the corner formed by the intersection of the
Southern Right-of-Way line of Alexander Spring Road and the Northeastern
corner of Lot 5 as laid out and shown on the Subdivision Plan for Sprint
dated April 8, 1997, and prepared by Statler-Brehm Associates, Inc., which
is intended to be recorded among the Plat Records of Cumberland County,
thence leaving said place of beginning and running with and binding on said
Southern Right-of-Way line (1) North 760 14' 17" East 140.51 feelto a point
situate at the corner formed by the intersection of said Southern Right-of-
Way line and the Eastern Right-of-Way line of Sprint Drive as laid out and
shown on said Subdivision Plan, thence leaving said Southern Right-of-Way
line of Alexander Spring Road and running with and binding on said Eastem
Right-of-Way line of Sprint Drive the seven following courses and distances,
viz; (2) by a line curving to the left in a Southwesterly direction with a radius
of 40.00 feet for the distance of 66.24 feet the arc of which is subtended by
a chord bearing South 280 47' 40" West 58.93 feet, thence (3) South 180 38'
56" East 880.29 feet, thence (4) by a line curving to the left in a
Southeasterly direction with a radius of 270.00 feet for the distance of 282.35
feet the arc of which is subtended by a chord bearing South 48. 36' 26. East
269.66 feet, thence (5) South 780 33' 57" East 598.18 feet, thence (6) by a
line curving to the right in a Southeasterly direction with a radius of 330.00
feet for the distance of 259.14 feet the arc of which is subtended by a chord
bearing South 56. 04' 10" East 252.53 feet, thence (7) South 33. 34' 22"
East 563.21 feet, and thence (8) by a line curving to the left in a
Southeasterly direction with a radius of 40.00 feet for the distance of 62.83
feet the arc of which is subtended by a chord bearing South 780 34' 22" East
56.57 feel to a point situate at the corner formed by the intersection of said
Eastem Right-of-Way line of Sprint drive and the Northern Right-of Way line
of Walnut Bollom Road as laid out and shown on the herein mentioned
Subdivision Plan, thence leaving said Eastern Right-of-Way line of Sprint
Drive and running with and binding on said Northern Right-of-Way line of
Walnut Bottom Road (9) Sooth 56. 25' 38" West 140.00 feet to a point
situate at the corner formed by the intersection of said Northern Right-of.
Way tine and the Western Right-of-Way line of said Sprint Drive, thence
running with and binding on said Western Right-of-Way line the seven
following courses and distances, viz; (10) by a line curving to the left in a
(XIHDIl A
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USTAn::AVENUF..StJm 102
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