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HomeMy WebLinkAbout03-5299WPS8 No. 00003987 WAIVER OF LIENS W~S, West Shol:r, Eva,ngeliqal Freg~,hurch, of Cumberland County, Pennsylvania entered into a contract w~th ~-'~l~o~t O (--Oxqqd~,l~t,c~t.., _x~t~uu~x ._.~x ~ c_ , to provide materials and perform labor necess~ for completion ofa ~na.~ituate upqndot,of~m~n~[locged: f 1345 Williams Grove Road, Mechanicsburg, PA 17055, Monroe Township, CUMBERLAND County, PENNSYLVANIA, as more particularly set forth in Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of th~ said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contrac~ shall file a lien for work done or materials furnished to the said building or any part thereo£ This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days after date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law oM 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby.agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of i963. The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractors, materialmen and suppliers prior to providing any labor or material by them to the project and will further prpvide for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this September, 2003. ;' '¢ Name Title EXHIBIT "A" ALL THAT CERTAIN tract of land situate in MONROE AND UPPER ALLEN TOWNSHIPS, Cumberland County, Pennsylvania, as described on a survey prepared by J. Michael Brill, Project #864-A, dated July 13, 2000, more particularly set forth, as follows, to wit: BEGINNING at a point located on the northwest property comer now or formerly of the Magaro Farm, said point being referenced from the centerline intersection of Williams Grove Road (S.R~ 2011), having a rdight-of-way width of sixty (60) feet, and Stoner Road (T-565) the following courses and distances: (1) South one (02) degrees seventeen (17) minutes seventeen (17) seconds East, a distance of one hundred eighty-eight and twenty-four one-hundredths (188.24) feel: to a point; (2) North eighty-eight (88) degrees forty-two (42) minutes forty-three (43) seconds East, a distance of thrity and no one-hundredths (30.00) feet to a point, said point being the true point of beginning, thence 'along existing Lots # 10-15 of Plan of John-Mar Acres, North sixty-seven (67) degrees zero (00) minutes zero (00) seconds East, a distance of one thousand two hundred eighty and thirty one-hundredths (1,280.30) feet to a point; thence along existing Lots #15-16 & 19 of Monroe Meadows, North sixty-seven (67) degrees twenty (20) minutes thirty-Seven (37) seconds East, a distance of seven hundred thirty-one and forty-eight one-hundredths (731.48) feet to a point; thence aloflg the centerline of Stumpstown Road (T-570), having a variable width right-of-way, the following courses and distances: (1)~outh twenty-one (21) degrees thirty-four (34) minutes forty-two (42) seconds East, a ali[stance of ninety-seven and six one-hundredths (97.06) feet to a point, (2) along a curve to the left having a radius of two hundred fourteen and sixty-two one-hundredths (2~4.62) feet and an arc length ofune hundred seventeen and one one-hundredths (117.01) feet, said arc having a chord bearing of South thirty-seven (37) degrees eleven (11) minutes fifty-one (51) seconds East and a chord length of one hundred fifieen and fifty-seven one-hundredths (115.57) feet to a point; (3) South fifty-two (52) degrees forty-nine (.¢9) minutes one (01) seconds East, a dista tee of nine hundred seventy and forty-five one-hundredths (970.45) feet to a point; (4) along a curve to the left having a radius ¢ ffive hundred eighty-four and thirty-eight one-hundredths (584.38) feet and an arc length of one hundred thirty-seven and forty-~even one-hundredths (137.47) feet, said arc having a chord bearing of South fifty-nine (59) degrees thirty-three (33) minutes twenl ,~-une (21) seconds East and a chord length of one hundred thirty-seven and fifteen one-hundredths (137.15) feet, to a point; (5) ~outh sixty-six (66) degrees seventeen (17) minutes forty-two (42) seconds East, a distance of three hundred eighty-one and eight, one- hundredths (381.80) feet to a point; thence along the property line now or formerl,~, of George & Judith Henry and Paul & ~ ml II Brennaman, South forty-nine (49) degrees forty-four (44) minutes fifty-two (52) seconds West, a distance of eight hundred ¢ ghty- seven and nineteen une-hundredths (887.19) feet to a point; thence along the property line now or formerly of Paul & Paul I.I/Brennaman South fifty-one (51) degrees forty-five (45) minutes eight (08) seconds East a distance of six hundred eighty-on' and sixty-two hundredths (681.62) feet to a point thence along existing Lots #44-48 of Plan of Creekstone Manor South fifty-on~ (51) degrees seventeen (17) minutes sixteen (16) seconds West a distance of five hundred seventy-one and twenty-six hundredths (571.26) feet to a point; thence along existing Lot #1 of Ashcombe Farms North fi~-one (51) degrees thirty-one (31) minuteslfifty- four (54) seconds West a distance of nine hundred eighty-seven and seventy-seven hundredths (987.77) feet to a point; thence ~ong existing Lots #84 & #107-120 of Plan of Monroe Acres, Section "C" the following courses and distance (1) North fifty-two (52) degrees zero (00) minutes fifty-one (51) seconds West a distance of six hundred seventy-two and seventy-three hundredths (67g.73) feet to a point; (2) South fifty-four (54) degrees sixteen (16) minutes forty-seven (47) seconds West a distance ofune thousan~ ~hree hundred five and seventy hundredths (1,305.70) feet to a point; thence along the property line now or formerly of William & Pa xicia Suchocki North twenty-five (25) degrees fifty-six (56) minutes forty-four (44)seconds West a distance of one hundred fifty and zero hundredths (150.00) feet to a point; thence along the property line now or formerly of Paul E. Clepper the following course and distances: (1) North one (01) degree eight (08) minutes forty-four (44) seconds West[, a distance of two hundred thirty-five and zero hundredths (235.00) feet to a point; (2) South eighty-eight (88) degrees fi~-une (51) minutes sixteen (16) seconds West, a dis ance of one hundred fifty-seven and seventy-one hundredths (157.71) feet to a point; thence along the eastern right-of-way li~ te of Williams Grove Road North one (01) degree seventeen (17) seconds West a distance of nine hundred twenty-nine and sixt -four hundredths (929.64) feet to a point, said point being the true place of BEGINNING. SAID TRACT of land contains 3 981,533 square feet or ninety-one and 40/100 (91 40) acres. BEING the same premises which Marie K. Magaro, now known as Marie K. Mc/Mtdrew, by Deed dated the 24th day of Janeary, 2002, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on thei 2nd day of February, 2002, in Record Book 250, Page 1136, granted and conveyed ;mto West Shore Evangelical Free ChurOh, a Pennsylvania non-profit corporation. UPI NO. 22- I 1-0278-010