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Home My WebLink About98-03032 , 'v'- .. 2. Indeoendent Covenant. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as to any work and labor done and materials furnished for the benefit of Owner, as well as with respect to work done and materials furnished under any supplemental agrecment and/or contract for eXlra work. 3. Power of Attornev. In order to give Owner full power and authority to protect itself, the property, the estate or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Architect or anyone acting under or through it in violation of the foregoing covenant, Architect hereby irrevocably authorizes and empowers any attorney of the Court of Common Pleas of Cumberland County, Pennsylvania and any other County of the Commonwealth of Pennsylvania to (i) appear as attorney for it in any such court and, in its name or names, to the extent permitted by law, mark satisficd of record at the cost and expense of Architect or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Architect, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under Architect shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Architect. 4. Public Noti~e. This Waiver of Liens shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Architect's Waiver of Liens to be executed the day and year first above written. ATTEST: OWNER: SHlPPENSBU G UNIVERSIT FOUNDAT N 'l ~~kJ.-,-(L. mli\O.O(L (Asst.) ~rttary (SEAL) AT91ST: :i!1c-;tq~4)~ (Asst.) Sebfetary ARCHITECT: NOELKER & HULL ASSOCIATES, INC. By:-,~j!J.~ (~) President (SEAL) "--.' , . . j;" " . ALL those two Cllrtnin tracts of land together with the improvomenc:! erected and situated thereon situated in the Township of Shippen:lburg, County of Cumberlnnd. State of Pennsylvania, bounded and described a~ fallows, to yit; TRACT NO.1: !lEGINNING at a point in the center of the road leadin(\ from Shippensburg to Hiddle Spring; thence North fifty-fout (54) decr.ees forty-seven (47) minutes East. seVenteen and eichteen hundredths (17,18) feeC to the Eastern edce oJ; the said road i thencp. by other land of Robert E, !lard et ux., North fifty-four (54) degrees forty-seven (47) minutes East, four hundred ninety-nine and t~~enty hundredths (499.20) feet to a stake; thence by same, South thirty-seven (37) degrees forty-siX (1.6) minutes East, three hundred seventeen and five tenchs (317,5) feet to corner of land now or formcrly of Howard W. LYons; chence by same, South fifty-four (54) deBreestyclve (12) minutes West, two hundred eichty-tyO (2.82) feet to a pOint; thence by same, Nonh thirty-seven (37) dOBrees lorty-six (46) minutes Weot, two hundred ninety-nevcn and five tenths (297,5) feet to a point; thence South fifty-four (54) denrees forty-seven (47) minutes East, two hundred twenty-five (225) feet, more or less, to the Eastern edBe of thll aforesaid public road; thence South fifty-four (5tl) de(:reeG forty-seven (47) minutes East. seventeen and einhteen hundredtbs (17.18) feec to the center of the o1foresaid public road; thence North nineteen (19) de~recs five (05) minutes Wen, twenty-one (21) fect, mor.e or leso, to the place of !lEG INNING . BEING the same premises conveyed by Redmond S. Davis and Bertha P. Davis, husband ond wife, by their deed dated November 18, 1987, and recordeJ in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 33, Page 365. TRACT NO.2: BEGINNING at a point in the center of the Road leading from ShippellGbure to Hiddle Spring at corner of other land of -Redmond S. Davis et ux.; thence North fiftY-four (54) degreen forty-seven (47) minutes Eaot, seventeen and eighteen (17.18) hundredths feet to the Eaatern edge of the aforesaid public road; thonce. by :lame, Nol'th fifty (50) degrees forty-seven (1,7) minutes East, two hundred twenty-five (225) feet to a point; thence by :lame, South thirty-seven (37) deBrees farcy-six (46) nlinutes East, two hundred ninetY-seven .:md five tenths (297.5) feet to land now or formerly of Howard W. Lyona; thence by saDIe, - South fifty-four (54) de!lrees tYelve (12) minute:l West, three hundred twenty-e:tcht (328) feet, more or less, to the En:Jtern edge of the aforesa:l.d public road; thence South fiftY-four (5tf) degrees t~'elve (12) minutes West, Seventeen and eighteen hundredths (17.18) fee.t to the eentllr of the aforer..,id public road; thence by the center of the aforesaid public rond, Norch nineteen (9)der,ree:l five (05) minutlls West. three hundred thirty-eight nnd eighty-one hundredths (338.81) feet to the place of BEGINNING. BEING the same premises conveyed by Redmond S. Davis and Bertha P. Davia, husband and wife, by their deed dated November 18, 1987, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 33, Page 365. EXCEPTING AND RESERVING therefrom tha t portion of the above described premises which Yas condemned by the Commonweo1lth of Pennsylvania Department of Transportation for highway purposes by virtue oJ; a certain Declaration of Taking filed May 24, 1973, in the office of the l'rothonota-ry in and for Cumberland County, Pennsylvania, alld indeXed to No. 85 September Term 1973, as the recorda thcrllin more fully will appenr and disclose. EXHIBIT "A" ;) 1f1' -,),,> 1.1. ('") \,:'"0 ::j .t') ~.:,) (:-) " ,:J . ;,;i1 'r:'"': .::~F9 .:, r:, ~. - 11 :)~j ( -;(11 ,:--:j ,r~. C-D -.;: c_ ,-- '-r: r0 .. -~J . . . . " ~ ~ ] '- C ~ :4. '" rr .0< ~r ~v ~