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HomeMy WebLinkAbout11-5794IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION, a body corporate and politic constituting a public corporation and instrumentality under the laws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED, a Pennsylvania nonprofit corporation, Owners Plaintiffs, vs. FORTUNE-JOHNSON, INC. CIVIL DIVISION No: It - SIN q , M L-D ` WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED Subcontractor Defendant. CERTIFICATE OF LOCATION I HEREBY CERTIFY that the location of the Real Estate affected by this lien waiver is: Campus of Shippensburg University of Pennsylvania, Shippensburg Township and Shippensburg Borough, Pennsylvania 18301 Owners/Plaintiffs Counsel of Record for University of Pennsylvania System of Higher Education: Jacqueline Morrow, Esq. Pa. I.D. No. 37222 2986 North Second Street Harrisburg, PA 17110 Shippensburg of the State r c r=- r- N 7:0 rte- c ) ;- C) CD -4al.oo Po Johnson, 8ufie Ot 3(0'18 P'*a&SL118 WAIVER OF' LIENS STIPULATION BY SUBCONTRACTOR THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made on July 'to , 2011 by FORTUNE-JOHNSON, INC., 3740 Davinci Court, Suite 220, Norcross, GA 30092(hereinafter the "Subcontractor"). WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education ("Shippensburg") owns or, pursuant to an agreement with the Commonwealth of Pennsylvania Department of General Services ("DGS"), has occupancy, custody and control of certain property located on Shippensburg's campus being partially located in both Shippensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the "Property"); WHEREAS, Shippensburg University Student Services, Incorporated ("SUSSI" and, together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of the Property; WHEREAS, SUSSI has entered into a development agreement relating to the development of the Property with Campus Apartments, Inc. (the "Developer"); WHEREAS, pursuant to a contract or contracts between Campus Apartments, Inc. (in such capacity, the "Prime Contractor") and the Developer (the "Prime Contract"), the Prime Contractor has agreed to supply labor, materials and services and perform certain construction and demolition work upon the Property (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law of 1963, as the same has been and may be amended from time-to-time in the future (the "Mechanic's Lien Law"), shall have the meanings assigned to them in the Mechanic's Lien Law unless otherwise defined in this Waiver of Liens; WHEREAS, Subcontractor has entered or will enter into a contract to supply or cause to be supplied labor, materials and services and/or perform or cause to be performed certain work which will be incorporated into, and form a part of, the Work (the "Subcontract" and together with the Prime Contract, collectively, the "Contracts"); WHEREAS, the Developer and/or the Contractor has posted or will post a bond guaranteeing payment for labor and materials provided by subcontractors (which term, as defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) in connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Work on the Property. PHDATA 34440991 NOW, THEREFOR, in consideration of the foregoing premises, the covenants and agreements contained in the Contracts, and intending to be legally bound hereby, the Subcontractor, for itself and its successors and assigns, does hereby covenant, stipulate, promise and agree as follows: 1. That no lien or right to file a lien or claim against the Work, SUSSI's interest in the Property, any improvements on the Property (collectively, the "Improvements") or the respective estates, rights, titles or interests of the Owners (collectively, "Interests"), or any part or parts thereof shall accrue or exist in the Subcontractor; that no mechanics' lien or claim or materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained against the Work, Property, Improvements or Interests or any part or parts thereof or the appurtenances thereto, by or in the name of the Subcontractor for work done or for any labor, tools, equipment, materials, supervision or other services furnished by Subcontractor under the Subcontract or any supplements or changes thereto, written or oral, for and about the Work, the Property, the Improvements or the Interests or any parts thereof, or on credit thereof; nor shall any claim or liability for such labor or materials or work performed arise, exist or be filed against any of the Owners, their respective successors (including, successors in interest) or assigns by or in the name of Subcontractor. 2. This Waiver of Liens shall be an independent covenant which shall be binding on Subcontractor, notwithstanding any breach or default under the Subcontract and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the Work. It is the full intent of the Subcontractor under this Waiver of Liens and the Subcontract, that the right to file a mechanic's lien or other claim, under the provisions of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the erection, construction, demolition or repairs of the Work, is forever, absolutely and irrevocably hereby waived. 3. In order to give the Owners full power and authority to protect themselves, and the Work, the Property, the Improvements and the Interests against any and all claims filed by or in the name of the Subcontractor in violation of the foregoing covenants, the Subcontractor, for itself, its successors and assigns, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Subcontractor, in any such Court as Attorney for Subcontractor, and in his or its name, mark satisfied of record, at the cost and expense of the Subcontractor or in his or its name, any and all mechanics' liens or claims or materialmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Work, the Property, the Improvements or the Interests or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Subcontractor does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. In the event that any court of competent jurisdiction shall determine that any provision of this Waiver of Liens is void or unenforceable in accordance with its terms, the Subcontractor expressly consents and agrees that this Waiver of Liens may be modified by said Court such that the offending provision shall be of no further force and effect, but the remainder of this Waiver of PHDATA 34440991 Liens, and all other terms and conditions hereof, if any, shall continue to be binding on the Subcontractor and all parties claiming in the name of or on behalf of the Subcontractor. 4. THIS WAIVER OF LIENS, at the election of the Owners, may be filed in the office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law, and the receipt for such filing will be delivered to the Owners. This Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyone filing a mechanic's lien or other claim in the name of or for or on behalf of the Subcontractor. 5. This Waiver of Liens may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: FORTUNE-JOHNSON, INC. Acknowledgement and Consent: By: _ Name: Title: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION. CAMPUS APARTMENTS, INC., Developer CAMPUS APARTMENTS, INC., Contractor By: Name:_ ?,,, t?z• R?ST?i ?j Title: E,7/f, + G r By: Name: ti?? z. R S nv Title: EvP c PHDATA 34440991 Liens, and all other terms and conditions hereof, if any, shall continue to be binding on the Subcontractor and all parties claiming in the name of or on behalf of the Subcontractor. 4. THIS WAIVER OF LIENS, at the election of the Owners, may be filed in the office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law, and the receipt for such filing will be delivered to the Owners. This Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyone filing a mechanic's lien or other claim in the name of or for or on behalf of the Subcontractor. 5. This Waiver of Liens may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: FORTUNE-JOHNSON, INC. By: Name:- Title: _ 6i( l T Acknowledgement and Consent: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION. CAMPUS APARTMENTS, INC., Developer CAMPUS APARTMENTS, INC., Contractor By: _ Name: Title: By: _ Name: Title: PHDATA 34440991 SUBCONTRACTORS' ACKNOWLEDGEMENT STATE OF ) SS: COUNTY OF ) BEFORE ME, a otary Public of the- 60,iW?7' 4U001, /4, personally appeared -? who acknowledged himself/herself to be the Z ctiti LQ 1--k _ of and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of such corporation by himself/herself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this day of T j ? L , 2011, no work had begun upon the property of the Owners referred to in the foregoin `instrument at the campus of Shippensburg University of Pennsylvania, Shippensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania by the Subcontractor, nor has the Subcontractor provided or supplied any labor, materials or services in connection with the Work or on or for the benefit of the Property. WITNESS: FORTUNE-JOHNSON, INC. L Y Title: (Jtj f 11-cns<.rf ? SWORN TO AND SUBSCRIBED before me thisc day of , 2011. Notary Public z - My Commission E ,01' 1 TA %5`4 00 yam= OEO PHDATA 34440991 D r ? Q ? l n y?, V? ? 1• V n?J1 DG 7 « ~ A u U ? C e• O 7 u J? ? p n E o u o r 1,? ? a C u•??1?T1 .•rr G C.? L G ?° O v u O w u 0 C'^ QcKWrLppcn UU=ir. KK7 C, d bJ: z ?.. a o ? 7 7 7 C U C? 'COL C 9 H? C•U NU > t?. ?OU?L " oU^ 10 Cx E c vcC ? -5al?xvcicnwl:E`= °,aUw OD OHO Ngm4Li ?T-? CC N < V M M ?' ^ M M M M<^, <^, t ? f .V v tx' " ? o ?,xoxxaQL :.??cc O y bC ?C u «•1 e 4R V ? ? • c .-1 ? r ?° C • G ? c 3 NC?N N N Nry NN N u O 7 ? u ? ? u et.E ? oxc??,xya?? .?."? -?? _ r•a N to v ,n ?6 th 0<! O? O? . .N..M-" 7 QV) VJ/? ZM a> C!l cc n E 0 x 4 •a to: A 00 >o ca Q 0 is -6 c.? EXHIBIT I-A At, ,, EXHIBIT A LEGAL DESCRIPTION TRACT NO. 1 North Site ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF SHIPPENSBURG, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING ALL OF THE NORTH SITE LEASE AREA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON II-IE WESTERLY FACE OF THE CURB LINE ON ADAMS DRIVE, SAID POINT BEING LOCATED FROM THE FOLLOWING COURSES: 1. FROM THE CENTERLINE OF FOGELSONGER ROAD AT THE POINT OF INTERSECTION WITH LANDS OF SHIPPENSBURG UNIVERSITY AND LANDS NOW OR FORMERLY OF CUMBERLAND VALLEY RAILS TO TRAILS COUNCIL, ALONG SAID BOUNDARY LINE SOUTH TWENTY THREE DEGREES THIRTY FOUR MINUTES FORTY FOUR SECONDS WEST (S 23° 34'44"W) TWO HUNDRED SIX AND THIRTY TWO HUNDREDTHS FEET (206.32'); 2. CONTINUING ALONG THE SAME BOUNDARY LINE SOUTH SEVENTEEN DEGREES TWENTY MINUTES FORTY FOUR SECONDS WEST (S 17° 20'44"W) THREE HUNDRED NINETY FOUR AND NINETY TWO HUNDREDTHS FEET (394.92') TO A POINT; 3. THROUGH LANDS OF SHIPPENSBURG UNIVERSITY AND ACROSS ADAMS DRIVE NORTH SEVENTY TWO DEGREES THIRTY NINE MINUTES SIXTEEN SECONDS WEST (N 72° 39'16"W) SEVENTY ONE AND NINETY SEVEN HUNDREDTHS FEET (71.97") FEET TO THE POINT OF BEGINNING; THENCE FROM POINT OF BEGINNING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY THE FOLLOWING COURSES AND DISTANCES: 1. ALONG ADAMS DRIVE ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF SIXTY FOUR AND TEN HUNDREDTHS FEET (64.10') ON A RADIUS OF TWO HUNDRED FEET (200.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH ONE DEGREE THIRTY ONE MINUTES THIRTY NINE SECONDS WEST (S 01° 31'39"W), SIXTY THREE AND EIGHTY THREE HUNDREDTHS FEET (63.83'); 2. NORTH EIGHTY FOUR DEGREES TWENTY THREE MINUTES FIFTY NINE SECONDS WEST (N 84° 23'59"W) FOR A DISTANCE OF TWO HUNDRED THIRTY SEVEN AND SIXTY ONE HUNDREDTHS FEET (237.61'); 3. NORTH ZERO DEGREES FORTY MINUTES WEST (N 00° 40'W) FOR A DISTANCE OF EIGHTY FOUR AND SIXTY SEVEN HUNDREDTHS FEET (84.67'); 4. NORTH EIGHTY NINE DEGREES TWENTY MINUTES EAST (N 89° 20'E) FOR A DISTANCE OF EIGHTY EIGHT AND FORTY TWO HUNDREDTHS FEET (88.42'); 5. NORTH ZERO DEGREES FORTY MINUTES WEST (N 00° 40'W) FOR A DISTANCE OF ONE HUNDRED THIRTY EIGHT AND NINETEEN HUNDREDTHS FEET (138.19'); 6. NORTH FORTY DEGREES FORTY MINUTES SIXTEEN SECONDS WEST (N 40° 40'16"W) FOR A DISTANCE OF ONE HUNDRED EIGHTY AND EIGHTY SEVEN HUNDREDTHS FEET (180.87); 7. NORTH FORTY NINE DEGREES NINETEEN MINUTES FORTY FOUR SECONDS EAST (N 490 19'44"E) FOR A DISTANCE OF NINETY SEVEN AND FIFTY HUNDREDTHS FEET (97.50'); 8. NORTH FORTY DEGREES FORTY MINUTES SIXTEEN SECONDS WEST (N 40° 40'16"W) FOR A DISTANCE OF TWENTY TWO AND EIGHTY FOUR HUNDREDTHS FEET (22.84'); 9. NORTH EIGHTY DEGREES FORTY MINUTES SIXTEEN SECONDS WEST (N 80° 40'16"W) FOR A DISTANCE OF ONE HUNDRED TWELVE AND SIX HUNDREDTHS FEET (112.06'); 10. NORTH NINE DEGREES NINETEEN MINUTES FORTY FOUR SECONDS EAST (N 09- 19'44"E) FOR A DISTANCE OF ONE HUNDRED TWENTY THREE AND EIGHTY ONE HUNDREDTHS FEET (123.81') TO A POINT ON THE WESTERLY FACE OF THE CURB LINE ON ADAMS DRIVE; 11. THENCE ALONG THE WESTERLY FACE OF THE CURB LINE OF ADAMS DRIVE ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF THREE HUNDRED NINETY ONE FEET (391.0') ON A RADIUS OF TWO HUNDRED EIGHTY SIX FEET (286.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FORTY SIX DEGREES THIRTY THREE MINUTES TEN SECONDS EAST (S 46- 33'10"E), THREE HUNDRED SIXTY ONE AND TWENTY FIVE HUNDREDTHS FEET (361.25'); 12. THENCE CONTINUING ALONG THE WESTERLY CURB LINE OF ADAMS DRIVE SOUTH SEVEN DEGREES THIRTY NINE MINUTES SEVENTEEN SECONDS EAST (S 07° 39'17"E), TWO HUNDRED NINETY FIVE AND EIGHTY FOUR HUNDREDTHS FEET (295.84') TO THE POINT AND PLACE OF BEGINNING. CONTAINING 102,160.5 SQUARE FEET OR 2.345 ACRES OF LAND, MORE OR LESS AS SHOWN. BEING PART OF THE SAME PREMISES which Deed from Jessie H. Willis, widow, and Helen Willis Myers, in her own right, and John A. Myers, her husband, TO The General State Authority, dated September 15, 1959 and recorded September 15, 1959, in the Office of the Recorder of Deed of Cumberland County, Pennsylvania, in Deed Book K-19, Page 1. BEING PART OF THE SAME PREMISES which Deed from The General State Authority TO The Commonwealth of Pennsylvania, dated June 16, 1989 and recorded April 1, 1990, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book M-34, Page 875. BEING PART OF THE SAME PREMISES which Deed from J. Boyd Landis and Janet R. Landis TO The Commonwealth of Pennsylvania, dated June 30, 1958 and recorded June 30, 1958, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book M-18, Page 578. TRACT NO. 2 South Site ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF SHIPPENSBURG. COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING ALL OF THE SOUTH SITE LEASE AREA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY FACE OF THE CURB LINE ON YORK DRIVE, SAID POINT BEING LOCATED FROM THE FOLLOWING COURSES: 1. FROM A CONCRETE MONUMENT SET AT A COMMON CORNER WITH THE LANDS OF SHIPPENSBURG AND THE CENTERLINE Of FOGELSONGER ROAD AT THE POINT OF INTERSECTION WITH LANDS Of SHIPPENSBURG UNIVERSITY FORMERLY LANDS OR CAROLINE G. REISIGNGER AND LANDS NOW OR FORMERLY OF HOWARD W. LYONS, ALONG THE EASTERLY BOUNDARY LINE OF LANDS NOW OR FORMERLY OF HOWARD W. LYONS NORTH THIRTY FIVE DEGREES FIFTY THREE MINUTES FIFTY FOUR SECONDS EAST (N35° 53'54"E) THREE HUNDRED NINETY EIGHT AND NINETY FIVE HUNDREDTHS FEET (398.95') TO A POINT; 2. THROUGH LANDS OF SHIPPENSBURG UNIVERSITY CROSSING LANCASTER DRIVE SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S 39° 43'34"E) FIVE HUNDRED FIFTY SEVEN AND SEVENTY EIGHT HUNDREDTHS FEET (557.78') TO A POINT; 3. CONTINUING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY SOUTH SIXTY FOUR DEGREES SIXTEEN MINUTES THIRTY SECONDS EAST (S 64° 16'30"E), FOURTEEN AND NINETY SIX HUNDREDTHS FEET (14.96') TO THE POINT OR BEGINNING; THENCE FROM POINT OF BEGINNING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY THE FOLLOWING COURSES: 1. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF FIFTEEN AND FORTY TWO HUNDREDTHS FEET (15.42') ON A RADIUS OF EIGHTEEN FEET (18.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH SIXTY FOUR DEGREES SIXTEEN MINUTES THIRTY SECONDS WEST (N 64-16'30"W) FOURTEEN AND NINETY SIX HUNDREDTHS FEET' (14.96'); 2. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS WEST (N 39° 43'34"W) TWO HUNDRED SIX AND FORTY ONE HUNDREDTHS FEET (206.41) TO A POINT; 3. NORTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS EAST (N 50- 16'26"E) ONE HUNDRED NINETY SEVEN AND NINETY ONE HUNDREDTHS FEET (197.91) TO A POINT; 4. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS WEST (N 39° 43'34"W) TWENTY FOUR AND FIFTY HUNDREDTHS FEET (24.50') TO A POINT; 5. NORTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS EAST (N 50° 16'26"E) SIXTY FIVE AND NINETY SIX HUNDREDTHS FEET (65.96') TO A POINT; 6. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS WEST (N 39° 43'34"W) TWENTY THREE AND THIRTEEN HUNDREDTHS FEET (23.13') TO A POINT; 7. NORTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS EAST (N 50° 16'26"E) SEVENTY FIVE AND NINE HUNDREDTHS FEET (75.09') TO A POINT NEAR THE CENTERLINE OF DAUPHIN DRIVE; 8. ALONG THE APPROXIMATE CENTERLINE OF DAUPHIN DRIVE SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S 39° 43'34"E) TWO HUNDRED NINETY SIX AND FORTY EIGHT HUNDREDTHS FEET (296.48') TO A POINT; 9. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH Of FORTY THREE AND NINETY EIGHT HUNDREDTHS FEET (43.98') ON A RADIUS OF TWENTY EIGHT FEET (28.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FIVE DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S 05° 16'26"W), THIRTY NINE AND SIXTY HUNDREDTHS FEET (39.60') TO A POINT; 10. SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S 50- 16'26"W) SIXTEEN AND EIGHT HUNDREDTHS FEET (16.08') TO A POINT ON THE WESTERLY CURB LINE OF YORK DRIVE; 11. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF TWENTY NINE AND NINETY NINE HUNDREDTHS FEET (29.99') ON A RADIUS OF SEVENTY FEET (70.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH THIRTY EIGHT DEGREES ZERO MINUTES THREE SECONDS WEST (S 38° 00'03"W), TWENTY NINE AND SEVENTY SIX HUNDREDTHS FEET (29.76'); 12. SOUTH TWENTY FIVE DEGREES FORTY THREE MINUTES FORTY SECONDS WEST (S 25° 43'40"W) TWENTY SEVEN AND SEVEN HUNDREDTHS FEET (27.07') TO A POINT; 13. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS WEST (N 39° 43'34"W) SEVENTEEN AND FIFTY SEVEN HUNDREDTHS FEET (17.57') TO A POINT AT THE WESTERLY FACE OF THE CURB LINE ON YORK DRIVE; 14. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S 50° 16'26"W) NINETY NINE AND TWENTY FIVE HUNDREDTHS FEET (99.25') TO A POINT; 15. CONTINUING ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF ONE HUNDRED THIRTY FOUR AND TWENTY ONE HUNDREDTHS FEET (134.21') ON A RADIUS OF ONE HUNDRED EIGHTY EIGHT FEET (188.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH SEVENTY DEGREES FORTY THREE MINUTES THIRTY SECONDS WEST (S 70° 43'30"W) ONE HUNDRED THIRTY ONE AND THIRTY EIGHT HUNDREDTHS FEET (131.38'); 16. CONTINUING ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH EIGHTY EIGHT DEGREES FORTY NINE MINUTES TWENTY SEVEN SECONDS WEST (N 88° 49'27"W), SIXTEEN AND SIXTY NINE HUNDREDTHS FEET (16.69') TO THE POINT AND PLACE OF BEGINNING. CONTAINING 96,411.5 SQUARE FEET OR 2.213 ACRES OF LAND, MORE OR LESS AS SHOWN. BEING PART OF THE SAME PREMISES from Deed from Sophia Smith, widow, and Jacob M. Smith, unmarried, heirs of Samuel Smith, deceased, TO The General State Authority dated November 30, 1926 and recorded January 17, 1927, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 1-10, Page 585.