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HomeMy WebLinkAbout97-05952 l'OBS4HOXl7/Scptcmbe,26, 1997/JRD/PARlI0I320 snpULAnONAGAWSTL~NS HOLY SPIRIT CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. MLD, 1997 ql-5q5~ Owner v. R.S. MOWERY & SONS, INC., Contractor WHEREAS, HOLY SPIRIT CORPORATION, a domestic nonprofit corporation, of 503 North 21- Street, Camp Hill, Pennsylvania, hereinafter called .Owner", has executed a Standard Form of Agreements Between Owner and Design/Builder ("Agreement") with R. S. MOWERY & SONS, INC.. a domestic corporation, with a place of business at 625 Hamilton Street, Carlisle, Pennsylvania, hereinafter called .Contractor" lor the construction of a one (1) story office building ("Building"), containing approximately fivs thousand (5,000) square feet, together with site Improvements, including, but not limited to, construction of access drives, parking area, storm water management facilities and sanitary sewer facilities (collectively "Improvements'), upon real estate situate In Upper Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as lollows: BEGINNING at a point on the northern legal right-of-way line of Kim Acres Drive at the eastem legal right-of-way of South Market Street (S.R. 0114); THENCE along the legal right-of-way of South Market Street (S. R. 0114), North 44 degrees 30 minutes 45 seconds West, a distance of 110,88 feet to a point; THENCE continuing along the same, North 30 degrees 30 minutes 20 seconds West, a distance of 40.41 feet to a point at the southwest corner of Lot No. 2 on the hereinafter described Preliminary/Final Subdivision Plan; THENCE along the southern line of said Lot No.2, North 20 degrees 21 minutes 27 seconds East, a distance of 125,29 feet to a point; THENCE continuing along the same, North 36 degrees 04 minutes 10 seconds East, a distance 01197.33 feet to a point at the western legal right-of-way of Aspen Drive; THENCE along the westem legal right-of-way of J\spen Drive South 65 degrees 34 minutes 15 seconds East, a distance of 113.16 feet to a point; THENCE continuing along the western legal right-of-way of Aspen Drive and northsm right-of-way of Kim Acres Drive, South 04 degrees 18 minutes 45 seconds West, a distance 0153167 feet; THENCE continuing along the northern legal right-of-way 01 Kim Acrss Drive, South 34 degrees 09 minutes 15 seconds West, a distance of 331.17 feet to a point on the eastern legal right-of-way of South Market Street (S,R. 0114), the point and Place of BEGINNING. , \lIJllS4lUOJ71Scpl<mhc:r 26. 1997/JRV,PARlIOIl20 CONTAINING 46,609 square feet. BEING Lot No.1, Preliminary/Final Subdivision Plan for R. S. Mowery & Sons, Inc., dated April 1, 1987, revised May 9, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 74, Page 143. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the Contractor, lor and in consideration 01 the sum 01 ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the Agreement, 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 Building, Improvements and the lot above described for or on account of any work done or labor or materials iumished by them or any of them under the Agreement for, towards, in, or about the construction 01 the Building and other Improvements on the lot above described and the 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 Building, Improvements and the lot above described, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS, our hands and seals this 3:, Ij/ day 01 \'}.y)i,~k\ I ,1997. Ownsr: HOLY SPIRIT COPORATION By: A 7' c'- ell! 1\ -<<-l..~ G. Randall Newhouse, President By: ,oJ ~ j Q ~ 0 C"6 (I', .. -a ~ .t '.. I.:_~ 8 ~ It: ..5 , a -:f'\ '1'1 I" , - l;' .:, ~ cl. , ,. ~ I ,,' "! ( <, " r-' , ( , I.' .. " ,. ,