HomeMy WebLinkAbout12-7496Ala-~yqb
WATVER OF LIENS STIPULATION BY CONTRACTOR
Form of Waiver of Liens Stipulation by Contractor
IN THE COURT OF COMMON PLEAS
OF CI)MBERLt1ND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVA.~IIA
DEPARTMENT OF GENERr1I, 5F.,RVICES;
SHIPPENSBURG UNIVERSITY OF
PENNSYLVANIA OF THE STATE SS'STEM OF
HIGHER EDUCATION, a body corporate and politic
constituting a public eoL~poratic~n and instrumentality
undet the laws of the Commonwealth of Pennsylvania;
and SHIPPENSBURG UNNERSITY STIIDENT
SERVICES, INC., a Peruisylvania non-profit corporation,
Owners
Plaintiffs,
vs.
CAMPUS APAR'I~IL+NTS, INC.
Contractor
Defendant.
C IFI ATF' OR LO A•rrnU
I HEREBY CERTIFY that the location of the Real Estate
affected by this lien waiver is:
Campus of Shippensburg Unversity of
Pennsylvania, The Shippeusburg Township Cun7berland
Cou~~yp, Penns~ylv~ajnia 17257 ~ ~~,-~
~'t'y~L~~~L~V~C:/Yk..~d'E"./~;~~~^F G't''L"~nlr~.
F)'or t~ e C~y~rner
4 r',
Page 1
PH1L1 2521398v.2
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WATVFR OF LIENS STIPTJI.riTION
Code;
Flied on behalf of:
COMMONWEALTI3 OF PENNSYLVANIA
DEPr1RTMENT OF GENERAL SERVICES;
SHIPPENSBURG UNIVERSITY OF
PENNSYLVANIA OF THE STATE SYSTEM OF
HTGI3J~,R EDUCATION; and SHIPPENSBURG
UNIVERSITY 5'FUDENT SERVICES, INC.
Owners/Phuntiffs
Counsel ~f Record for Shippensburg University of
Pcnnsylvana of the State System of IIigher L+ducation:
Jacqueline Morrow, Esq.
1'a. I.D. No. 37222
2986 North Second Street
Hurisburg, PA 17110
Phone: (717) 720-4070
F.~x: (717) 720-4213
a`~,,,.~° ~ ay " ~° ~ a
~~ a~~3o3
WAIVER OF LIENS STIPULATION
THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made on Decemberl~, 2012 by
CAMPUS _1PARTMENTS, INC. (hereinafter the "Prime Contractor'.
WITNESSETH:
~l'HEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education
("Shippenshurg") owns or, pursuant to an agreement with the Commomvealth of Pennsylvania Department of General
Services ("DGS"), has occupancy, custody and control of certain property located on Sluppensburg's campus in The
Shippensbuxg Township ,Cumberland County, Pennsylvania, which is depicted on Exhibit "A" (the "Property"); and
~ti'HEREAS, the Shippensburg University Student Services, Inc. ("SUSSI" and, together with Shippensburg
and DGS, the "Owners`°) is or will be a tenant and/or licensee of the Property; and
~~'HEREAS, pursuant to a contract or contracts between Campus Apartments, Inc. as developer and the Prime
Contractor (the "Construction Contract") the Prime Contractor has agreed to supply or cause to be supplied labor,
materials and ser~rices and perform or cause to be performed certain demolition and construction work upon the
Property (the "Work"). Terms used in this Waiver of Liens which axe 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; and
~~'I IEREAS, Prime Contractor has posted or will post a bond guaranteeing payment fox labor, materials and
services provided or performed in connection with the Work; and
~~'HEREAS, both the Owners and the Prime Contractor will benefit from the l~'ork on the Property
NO~ti', THEREFOR, in consideration of the foregoing premises, the covenants and agreements contuned in
the Construction Contract, and intending to be legally bound hereby, the Contxactar, for all subcontracmrs (which term,
as defined in the Mechanic's Lien Law, includes, without linvtation, sub-subcontractors)., does hereby covenant,
stipulate, promise and agree as follows:
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, tides or interests of
the Owners (collectively, "Interests"), ox any part or parts thereof, or the appurtenances thereto, shall accrue or exist in
any subcontractor concerned or connected with the Woxk or the Property; that no mechanic's lien or claim or
materialmen's lien or other lien ox claim of any kind whatsoever shall be filed or maintained against the Work, the
Property, the Improvements, the Interests or any part or parts thereof ox the appurtenances thereto, by or in the name
of any subcontractors for work done ox for any labor, tools, equipment, materials or supervision or other services
furnished under any construction, demolition, drilling or supply contract or subcontract with a subcontractor (each, a
"Subcontract") or any supplements or changes thereto, written or oral, or by any other party acting for or on behalf of
a subcontractor, for and about the W'oxk, the Property, the Improvements, the Interests or any parts thereof, or on
credit thereof; nor shall any claim or liability fox such labor or materials or work performed arise, exist or be Filed against
any of the Owners, their respective successors (including successors in interest) ox assigns, by or in the name of a
subcontractor.
'T'his ~~'aiver of Liens shall be an independent covenant which shall be binding on a subcontractor,
notwithstanding the breach of any Subcontract to wlvch such subcontractor is a party and shall operate and be effective
as well with respect to work done and materials and sendces furnished under any supplernental contract fox extra work
in connection with the lV'ork. It is the full intent of the Prime Contractor, for all subcontractors, that the right to file a
mechanic's lien or other claim against the Property, the Work, the Improvements or the Interests, under the provisions
of Acts of Assembly in such cases made and pro~7ded, for work done or materials, labor or serLrices furnished in and
about the erection, construction, demolition or repairs of the «'ork, is hereby forever, absolutely and irrevocably waived.
]n order to give the Owners full power and authority to protect themselves, and the ~X~'oxk, Property,
Improvements and Interests or any parts thereof against any and all liens and claims filed by or in the name of
subcontractors in ~riolation of the foregoing pro~dsions of this Waiver of Liens, the Prime Contractor, hereby irrevocably
authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear
fox each subcontractor, in any such Court as Attorney fox such subcontractor, and in his or its name, mark satisfied of
record, at the cost and expense of such subcontractor, or in his ox its name, any and all mechanics' liens or claims ox
materialmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Work, the
Property, the Improvements ox the Interests or any parts thereof or the appurtenances thereto, and for such act or acts
this shall he 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
Page ?
PHIL 1 2~21398v.2
action, and the Prime Contractor, for each 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 Lien is void or unenforceable in accordance with its
terms, Prime Contractor expressly consents and agrees, for and on behalf of all subcontractors, that this Waiver of Lien
mad 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 Liens, and all other terms and conditions hereof, if any, shall continue to be binding on all
subcontractors who haee filed a claim for a lien under the Mechanic's Lien Law and all parties claiming in the name of
or ~ m behalf of such subcontractors.
THIS ~}U.3IVER OF LIENS shall be filed in the office of the Prothonotary of Cumberland CounrS-,
Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law, and the receipt for such filing will be delivered to
the Owners. Immediately upon filing, this Waiver of Liens shall constitute notice hereof to all subcontractors who enter
inti ~ a Subcontract, and each such subcontractor, by entering into such Subcontract, agrees and consents to this y~'aiver
of Liens.
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PHIL. 12521398v.2
IN WITNESS WI3EREOF, the Pxime Contractor has duly executed this Waiver of Liens Stipulation as of the
date first above written.
~UITNESS:
C?~MPUS .1PARTbIENTS, INC.
By:_ ~~
Title:, ~S~C~cf,
Page 4
PHIL. 12521398v.2
CONTRACTOR'S ACKNOWLEDGEMENT
ST;1TE OF PENNS~~VANIA
COUNTI' OF l L t.~. hP~ ~ ) ) SS:
BEFORE 1~fE., a Notary- Public of the Commonwealth of Pennsylvania, personally appeared Daniel Bernstein,
who acknowledged himself to be the EVP & CEO of Campus Apartments, and that he, 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 FURTHER ACk'NOWLEDGED THAT, as of tlvs 1 a`~`' day of December, 2012, no Work
had begun upon the property of the Owners referred to in the foregoing instrument at the campus of Shippensburg
University of Pennsylvana, Shippensburg Borough, Cumberland County, Pennsylvania, by hun or by anyone else, nor
had any other work been done upon said ground nor had materials of any kind for the Work been ordered or delivered
upon the ground.
WITNESS: CA1~IPUS 3PART1~IENTS, INC.
~y~TNESS:
Title:
S~~'ORN TO AND SUBSCRIBED efore me this Id day of December, 2012.
Notary Public
[Notarial Seal] Afy Commission Expires acs !dam S
COMMONWEAL L_?H QF PENNSY---- ~~~~ -~
Notarial Seal
Barbara 7. Hill, Notary '~ubllc
~ of Flttsburgh, Allegheny tAUntY !
res May 15, 2015 I
1 My~tomrnission Fxpl
>~ca+ NNQ snvarau nssorunor+ ~ No7Aet€
Page ~
PHIL 12521398v.2
EXHIBIT A
The Property
PHASE 2 LEASE AREA DESCRIPTION
THIS SURVEY IS MADE FOR THE BENEFIT OF: MANUFACTURERS AND TRADES TRUST COMPANY
BANK TRUSTEE, ITS SUCCESSORS AND ASSIGNS, SHIPPENSBURG UNIVERSITY STUDENT
SERVICES, INC., AND FIRST AMERICAN TITLE INSURANCE; COMPANY.
I, HARRY M. ANDES, A REGISTF,RED LAND SURVEYOR IN 'THE STATE OF PENNSYLVANIA, DO
HEREBY CERTIFY TO THE AFORESAID PARTIES, THEIR SUCCESSORS AND ASSIGNS, AS OF "THE
DATE SET FORTH AI3OVE, THAT I HAVE MADE A CAREFUL SURVEY OF THE PROPOSED LEASE
TRACT OF LAND (THE '`PREMISES") DESCRIBED AS FOLLOWS:
ALL THA~F CERTAIN PIECE OR PARCF,L OF LAND, SITUATE; IN THE TOWNSHIP OF SHIPPENSBURG,
COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA., BEING ALL OF THE
PHASE 2 SITE LEAST; AREA AS SHOWN ON THE ATTACHED PLAN, BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY FACE OF THE CURB LINE ON LANCASTER DRIVE NEAR
THE POINT OF RADIUS WITH DAUPHIN DRIVE, SAID POINT BEING LOCATED FROM T'HF
FOLLOWING COURSES:
1. FROM A CONCRETE MONUMENT SET AT A COMMON CORNER WITH THE LANDS OF
SHIPPENSBURG UNIVERSITY, FORMERLY LANDS OF 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 N[NE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'33"E) FIFTY
SEVEN AND TWENTY TWO HUNDREDTHS FEET (57.22') TO A POINT ON THE EASTERLY FACE OF
CURB LINE OF LANCASTER DRIVE;
3. CONTINUING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY, ALONG THE EASTERLY
FACE OF CURB LINE ON LANCASTER DRIVE, NORTH THIR"fY FOiJR DEGREES ZERO MiNUTF,S
THIRTY FOUR SECONDS EAST (N34 00'34"E), THREE HUNDRED TWO AND FIFTY FOUR
HUNDREDTHS FEET (302.54') TO THE POINT OF BEGINNING:
THENCE; FROM POINT OF BEGINNING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSTiY THE
FOLLOWING COURSES:
L ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF THIRTY SEVEN AND EIGHTY TWO
HUNDREDTHS FEET (37.82') ON A RADIUS OF TWENTY FIVE FEET (25.0') TO A POINT ON 'THE
SOt JTHERLY CURB LTNE OF DAUPHIN DRIVE, SAID CURVE BEING REFERENCED WITH A CHORD OF
NORTH SEVENTY SEVEN DEGREES TWENTY ONE MINUTES FOUR SECONDS EAST (N77 21'04"E)
THIRTY FOUR AND THIRTY TWO HUNDREDTHS FEET (34.32');
2. SOUTH FIFTY NINE DEGREES EIGHTEEN MINUTES TWENTY SIX SECONDS EAST (S59 18'26"E)
TWENTY 'f WO AND SEVENTY NINE HUNDREDTHS FEET (22.79') TO A POINT;
3. ON A CURVE TO T'HE RIGHT WITH AN ARC LENGTH OF "TWENTY AND FIFTY HUNDRIDTIIS
FEET (20.50') ON A RADIUS OF SIXTY FEET (60.0') TO A POINT, SAID CURVE BEING REFERENCED
WITH A CHORD OF SOUTH FORTY NINE DEGREES THIRTY ONE MINUTES EIGHT SECONDS EAST
(S49 31'08"E) TWENTY AND FORTY HUNDREDTHS FEET (20.40') TO A POINT;
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PHIL 12521398v.2
4. SOiJTH THIRTY NINE DEGREES FORTY THREE MINUTES FORTY NINE; SECONDS EAST (S39
43'49"E) SIXTY THREE AND THIRTY TWO HUNDREDTHS FEET (63.32') TO A POINT;
5. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF FORTY SEVEN AND NINETY NINE
HUNDREDTHS FEET' (47.99') ON A RADIUS OF THREE HUNDRED FEET (300.0') TO A POINT, SAID
CURVE BEING REFERENCED WITH A CHORD OF SOUTH FORTY FOUR DEGREES EIGHTEEN
MINUTES FORTY SIX SECONDS EAST (S44 18'46"E) FORTY SEVEN AND NINETY FOUR
HtNDREDTHS FEET (47.94') TO A POINT;
6. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF' THIRTY ONE AND TWENTY EIGHT
HUNDREDTHS FEET (31.28') ON A RADIUS OF TWO HUNDRED FEET (200.0') TO A POINT, SAID
CCIRVE BEING REFERENCED WITH A CHORD OF SOUTH FORTY FOUR DEGREES TWENTY FOUR
MINUTES FIFTY TWO SECONDS EAST (S44 24'52"E) THIRTY ONE AND TWENTY FIVE, HUNDREDTHS
FEET (31.25') TO A POINT;
7. SOUTH THIRTY NINE DEGREES FIFTY SIX MINUTES ONE SECOND EAST (S39 56'01 "E) ONE
HUNDRED THIRTY ONE AND EIGHTY HUNDREDTHS FEET (131.80') TO A COMMON CORNER WITH
LANDS OF THE PHASE 1 SOUTH SITE LEASE BOUNDARY:
8. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTEEN
MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) SEVENTY FIVE AND NINE HUNDREDTHS
FEET (75.09') TO A POINT;
9. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH THIRTY NINE DEGREES FORTY
THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) TWENTY THREE AND THIRTF.F,N
HUNDREDTHS FEET (23.13') TO A POINT;
10. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTEEN
MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) SIXTY FIVE AND NINETY SIX HUNDREDTHS
FEET (65.96') TO A POINT;
11. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH THIRTY NINE DEGREES FORTY
THREE MINUTES TH[RTY FOUR SECONDS EAST (S39 43'34"E) TWENTY FOUR AND FIFTY
HUNDREDTHS FEET (24.50') TO A POINT;
12. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTEEN
MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) ONE HUNDRED NINETY SEVEN AND NINETY
ONI HUNDREDTHS FEET (197.91') TO A POINT;
13. ALONG THE PHASE 1 SOUTH SITE. LEASE BOUNDARY, SOUTH THIRTY NINE DEGREF,S FORTY
THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) ONE HUNDRED FORTY AND THIRTY
THREE Ht1NDREDTEIS FEET (140.33') TO A POINT;
]4. SOt1TFI FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WF,ST (S50 16'26"W) SEVEN
AND FIFTY HUNDREDTHS FEET (7.50') TO A POINT;
15. NORTII THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOt1R SECONDS WEST
(N39 43'34"W) FIFTY FIVE AND EIGHTEEN HUNDREDTHS FEET ('55.18') TO A POINT;
16. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF ONE HUNDRED FORTY EIGHT ,AND
SIXTY E[GH'r HUNDREDTHS FEET (148.68') ON A RADIUS OF ONE HUNDRED SEVENTEEN FEET
(117.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH SEVENTY SIX
DEGREES SEVEN MINUTES FORTY EIGHT SECONDS WEST (N76 07'48"W) ONE HUNDRED THIRTY
EIGHT AND EIGHTY SEVEN HUNDREDTHS FEET (138.87') TO A POINT;
17. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF ONE HUNDRED TWENTY N[Nl AND
TWENTY SEVEN HUNDREDTHS FEET (129.27') ON A RADIUS OF THREE HtiNDRED THIRTY FIVE
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PHR.1 2521398v.2
FEET (335.0') TO A POINT, SAID CURVE BEING REFERENCE-'D WITH A CHORD OF SOUTH FIFTY SIX
DEGREES TWENTY FOUR MINUTES FORTY TWO SECONDS WEST (S56 24'42"W) ONE HtJNDRF•,D
TWENTY EIGHT AND FORTY SEVEN HUNDREDTHS FEET (128.47');
18. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF NINE"TY EIGHT AND ONE HUNDREDTH
FELT (98.01') ON A RADIUS OF SIXTY SIX FEET (66.0') TO A POINT, SAID CURVE BEING
REFERENCED WITH A CHORD OF SOUTH TWO DEGREES FORTY EIGHT MINUTES FIFTY SIX
SECONDS WEST (S02 48'56"W) EIGHTY NINE AND TWENTY FIVE HUNDREDTHS FEET (89.25');
19. SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST
(S39 43'34"E) ONE HUNDRED NINETEEN AND FIFTY FIVE HUNDREDTHS FEET (119.55') TO A POINT
AT THIS WESTERLY FACE OF THE CURB LINE ON YORK DRIVE;
20. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE SOUTH FIFTY DEGREES
SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) FIFTY TWO AND ELEVEN
HUNDREDTHS FEET (52.11') TO A POINT;
21. CONTINUING ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE
TO THE RIGHT WITFI AN ARC LENGTH OF EIGHTY ONE AND FORTY HUNDREDTHS FEET (81.40') ON
A RADI[JS OF ONE HUNDRED FEET (1.00.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A
CHORD OF SOUTH SEVENTY THREE DEGREES THIRTY FIVE MINUTF,S TFIIRTY SIX SF.,CONDS WEST
(S73 35 36"W) SEVENTY NINE AND SEVENTEEN HUNDREDTHS FEET (79.17');
22. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH EIGHTY 7 HREE
DEGREES FIVE MINUTES FOURTEEN SECONDS WEST (N83 05' 14"W) TWF~,LVF, AND FORTY ONE
HUNDREDTHS FEET (12.41') TO A POINT;
23. ALONG THE WESTERLY FACE OF THE CURB LINE OF FORK DRIVE ON A CURVE TO THE RIGHT
WITH AN ARC LENGTH OF FIFTY FOUR AND FORTY HUNDREDTHS FEET (54.40') ON A RADIUS OF
ONE HLTIDRED FEET (100.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF
NORTH SIXTY SF,VEN DEGREES THIRTY MINUTES EIGHT SECONDS WEST (N67 30'08"W) FIFTY
'['HREE AND SEVENTY THREE HUNDREDTHS FEET (53.73');
24. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH F[FTY ONE
DEGREES FIFTY FIVE MINUTES THREE SECONDS WEST (N51 55'03"W) TWENTY SEVF,N AND
SEVENTEEN HUNDREDTHS FEET (27.17') TO A POINT;
25. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH FIFTY FIVE
DE(iREF,S THIRTY ONE MINUTES TWENTY SEVEN SECONDS WEST (N55 31'27"W) THIRTY' THREE
AND NINF;TY TWO HUNDREDTHS FEET (33.92') TO A POINT;
26. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE'('O THE LEFT
WITH AN ARC LENGTH OF FORTY FIVE AND NINETY THREE HUNDREDTHS FEET (45.93') ON A
RADIUS OF NINETY FEET (90.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF
NORTH SEVENTY DEGREES EIGHT MINUTES THIRTY NINE SECONDS WEST (N70 08'39"W) FORTY
FIVE AND FORTY THREE H[NDREDTHS FEET (45.43');
27. ALONG THE WESTERLY FACE OF THE, CURB LINE OF YORK DRIVE NORTH EIGHTY FOUR
DEGREES FORTY FIVE MINUTES FIFTY ONE SECONDS WEST (N84 45'51"VV) TWENTY ONE, AND
SEVENTY FOUR HUNDREDTHS FEET (21.74') TO A POINT;
28. ALONG THE WESTERLY FACE OF "1'HE CURB LINE OF YORK DRIVE ON A CURVE "1'O THE RIGHT
WITFI AN ARC LENGTH OF SEVENTY SEVEN AND THIRTEEN HUNDREDTHS FEET (77.13') ON A
RADIUS OF FIFTY FEET (50.0') TO A POINT ON THE EASTERLY FACE OF CiJRB LINE OF LANCASTER
DRIVE, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH FORTY DEGREES THIRTY
FOUR MINUTES SEVENTEEN SECONDS WEST (N40 34' 17"W) SIXTY NINE AND SEVENTY ONE
HUNDREDTHS FEET (69.71');
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PHIL 12521398v.2
29. CONTINUING ALONG "fHE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE NORTH
THREE DEGREES THIRTY SEVEN MINUTES SEVENTEEN SECONDS EAST (N03 37' 17"E) i~IFTY SEVEN
AND SIXTY NINE HUNDREDTHS FEET(57.69') TO A POINT;
30. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE ON A CURVE TO THE
RIGHT WITH AN ARC LENGTH OF SEVENTY FIVE AND SEVENTY SIX HUNDREDTHS FEET (75.76')
ON
A RADIUS OF NINETY FEET (90.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD
OF NORTH TWENTY SEVEN DEGREES FORTY FOUR MINUTES TWELVE SECONDS EAST (N27
44' 12"F;) SEVENTY THREE AND FIFTY FOUR HUNDREDTHS FEET (73.54');
31. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE NORTH FIFTY ONE
DF?GREES FIFTY ONE MINUTES SEVEN SECONDS EAST (N51 51'07"E) SEVENTY TWO AND
FOURTEEN HUNDREDTHS FEET (72.14') TO A POINT;
32. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE ON A CURVE TO THE
I,F,FT WITH AN ARC LENGTH OF THIRTY EIGHT AND TIiIRTY SIX HUNDREDTHS FEET (38.36') ON
A RADIUS OF ONE HUNDRED FEET (100.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A
CHORD OF NORTH FORTY DEGREES FIFTY ONE MINUTES FORTY FOUR SECONDS EAS"I' (N40
51'44"E) THIRTY EIGHT AND THIRTEEN HUNDREDTHS FEET (38.13');
33. ALONG THE EASTERLY FACE OF CURB LINE ON LANCASTER DRIVE., NORTH TWENTY NINE
DEGREES FIFTY TWO MINUTES TWENTY SECONDS EAST (N29 ti2'20"E) ONE HUNDRED EIGHTY
AND SEVENTY HUNDREDTHS FEET (180.70') TO A POINT;
34. ALONG THE EASTERLY FACE OF CURB LINE ON LANCASTER DRIVE, NORTH THIRTY FOiJR
DEGREES ZERO MINUTES THIRTY FOUR SECONDS EAST (N34 00'34"E) FOUR HUNDRED ELEVEN
AND TWO HUNDREDTHS FEET (411.02') TO THE POINT AND PLACE OF BF'sGINNING.
CONTAINING 232,898 SQUARE FEET OR 5.347 ACRES OF LAND, MORE OR LESS AS SHOVb'N.
BEING PART OF 'THE SAME PREMISES FROM DEED FROM SOPHIA SMITH., WIDOW, AND JACOB M.
SMITH, UNMARRIED, HEIRS OF SAMUEL SMITH, DECEASED, DATED NOVEMBER 30, 1926 AND
RECORDED JANUARY 17, 1927, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND
COi1NTY. PENNSYLVANIA, IN DEED BOOK 1-10, PAGE 585.
PHIL. 12521398v.2
Page 9