HomeMy WebLinkAbout12-7497~ «-~yQ1
Form of Waiver of Liens Stipulation by Contractor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COA~IIvIUNWEALTH OF PENNSYLVANIA
DEPARTMENT OF GENERAL SERVICES;
SHIPPENSBURG UNIVERSITI' OF
PENNSYLVANIA. OF THP. STATE SYSTEM OF
HIGHER EDUCATION, a body corporate and politic
constituting a public corporation and instrumentality
tinder. the lours of the Commonwealth of Pennsylvana;
and SHIPPENSBURG UNIVERSITY STUDENT
SER~rICES, INC., a Pennsylvania non-profit corporation,
Owners
Pltinliffs,
4S.
FORTUNE JOHNSON, INC.
Contt~actox
Defendant.
CERTIFI A < nF LOCATION
I HEREBY CERTIFI drat the location of the Real Estate
affected by this lien waiver is;
Campus of Shippensbtug University of Pettnsylvatua,
Shippensburg Borough ,Pennsylvania ]830]
-~'--~-
J qu~line~Vloxxow, Esq. ,
.~tt rney fox Shippensburg University of Pennsylvania of
the State System of
Ilighcr Education
PHIL 1 2521501 v,2
CIVIL DIVISION n ~/1,/~ (~
WAIVER OF LIENS STIPULATION BY
CONTRACTOR
Code:
Filed nn behalf nF.
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COIv1MONWEALTH OF PENNSYLVANIA
DEPARTMENT OF GFNERr1L SERVICES;
SHIPPENSBURG UNIVERSITY OF
PENNSYLVANIA OF TH.F.. STATE SYSTEM OF
HIGHER- EDUCATION; and SHIPPENSBURG
I7NTVF,RSITI' STUDENT SERVICES, INC.
Owncls/Plaintiffs
Counsel of Record fox Shippensburg University of
Pennsylvania of Clio State Sysrsm afI-Tigher Education:
Jacqueline Morrow, Esq.
Pa. I.D. No. 37222
2986 North Second Street
Flartisburg, PA 17110
Phnne: (717) 720-4070
Fax: (717) 720-4213
WAIVER OF LIENS STIPULATION BY CONTRACTOR
THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made on [ t!~'L_] [ d], ZpI2
by FORTUNE-JOHNSON, INC., 3740 Davinci Court, Suite 220, Norcross, GA 30092 (hereinafter the "Prime
Contractor").
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 in The Shippensburg Township ,Cumberland County, Pennsyh~ania, which is depicted on F,xhibit ``A" (the
`'Property"); and
WHEREAS, 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
WHEREAS, 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 t.o be supplied
labor, materials and sewices 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 are defined in the Pennsylvania Mechanic's
Lien La~v 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
WHEREAS, Prime Contractor has posted or will post a bond guaranteeing payment for labor. materials and
services provided or performed in connection with the Work; and
WHEREAS, both the Owners and the Prime Contractor will benefit from the Work on the Property.
NOW, THEREFOR, in consideration of the foregoing premises, the covenants and agreements contained in
the Construction Contract, and intending to be legally bound hereby, the Contractor, for all subcontractors (which
term, as defined in the Mechanic's Lien Law, includes, without limitation, 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, titles or interests
of the Owners (collectively, "Interests"), or any part or parts thereof, or the appurtenances thereto, shall accrue or
exist in any subcontractor concerned or connected with the Work or the Property; that no mechanic's lien or claim or
materialmen's lien or other lien or 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 or the appurtenances thereto, by or in the name
of any subcontractors for work done or 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, wn•itten or oral, or by any other party acting for or on behalf
of a subcontractor, for and about the Work, the Propert}', the Improvements, 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 a subcontractor.
"Phis Waiver of• Liens shall be an independent covenant which shall be binding on a subconG•actor,
notwithstanding the breach of any Subcontract to which such subcontractor is a party and shall operate and be
effective as well with respect to work done and materials and services fwnished under any supplemental contract for
extra work in connection with the Work. It is the full intent of the Prime Contractor, fir all subcontractors, that the
right to file a mechanic's lien or other claim against the Property, the Work, the Improvements or the Lrierests,
under the provisions of Acts of Assembly in such cases made and provided, for work done or materials, labor or
services furnished in and about the erection, construction, demolition or repairs of the Work, is hereby forever,
absolutely and irrevocably waived.
Page 2
PH[I. 12521501 v.2
In order to give the Owners full power and authority to protect themseh~es, and the Work, Property,
Improvements and Interests or any parts thereof against any and all liens and claims filed by or in the name of
subcontractors in violation of the foregoing provisions 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 for each subcontractor, in any such Court as Attorney for such subcontractor, and in his or its
name, mark satisfied of record, at the cost and expense of such 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 Prime Contractor, fir 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 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 Liens, and all other
terms and conditions hereof, if any, shall continue to be binding on all subcontractors who have filed a claim fr~r a
lien under the Mechanic's Lien Law and all parties claiming in the name of or on behalf of such subcontractors.
TIiIS WAIVER OF LIENS shall 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. immediately upon filing, this Waiver of Liens shall constitute notice hereof to all
subcontractors who enl:er into a Subcontract, and each such subcontractor, by entering into such Subcontract, agrees
and consents to this Waiver of Liens.
IN WITNESS WHEREOF, the Prime Contractor has duly executed this Waiver of Liens Stipulation by
Contractor as of the date first above written.
IN WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By
Contractor as of the date first above written.
WITNESti:
F<)RTUNE-J(}I- ~TSON, IN
~~~ ~
Y: J
N me:_ i
itle:
Signature Page -Waiver of Lien Stipulations for
Fortune Johnson as Contractor
Acknowledgement and Consent:
TI IE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACINU~~7.EDGE
AND CONSENT TO THE FOREGOING Wi1IVER OF LIENS STIPULATION.
CAD4PIJS APARTMENTS, INC., CAbIPUS APARTLVIENTS, NC.,
De~o~~er Contractor
B}-: By.
:Tame: Daniel Bernstein Name: Darrel Bernstein
Tide: _ E~'P & CFO Title: EVP & CFO
Page 5
PHIL 1 252 I SO l v.2
CONTRACTORS' ACKNOWLEDGEMENT
STATE OF GEORGIA )
SS:
COUNTY Cw~ z _ )
BEFORE ME, a Notary Public of 6 ~ nn~f County Georgia, personally appeared ,who
acknowledged himself/herself to be the ~~ of Fortune-Johnson, Inc., 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 ] ~L ], 2012,
no work had begun upon the property of the Owners referred to in the foregoing instrument at the campus of
Shippensburg University of Pennsylvania, The Borough of Shippensburg ,Cumberland County, Pennsylvania by
the Subcontractor, nor has the Subcontractor provided or supplied any labor, materials or services in connection with
the Work ar on or for the benefit of the Property.
WITNESS: ~j)~~Y ~~f ~ f°c ~--~'
W TNESS:
SWORN TO ~1ND~~ ~~~~BED before me this [ ]day of December, 12. ~
`~~ ,o~~~8S10NF~A` . ~i~/ Notary P ~/ lic
[Notarial S~t~] ;a APRIL 9N.; ~ ~ZY Commrssion Exp s ~
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~~ii~/Oy~~T CO• ;b~~'~~`~~~~
Page 6
PHIL1 252]501v.2
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EXECUTION COPY
EXFIIBTI_~~ ~ ~~
LEGAi DESCItIP'i'IOIw OF PHASE II PROPERTY
See attached.
(00] 12681.DOC}
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EXECi1'I'ION COPY
JELL THATCI_RTAIN PIECE OR PARCEL OF LAND, SuTUATE IN THE TOWNSHIP OF SHIPPENSBURG, COUNTY OF
(CUMBERLAND AND COMMONWEi~LTH OF PENNSYLVANIA, BEING All. OF THE PHASE 2 SITE LEASE AREA AS
;iH01PJN ON THE AT,!'ACHED PLMI, BOUNDEDAND DE'SCRIBEDAS FGLLOWS:
BEGINNING AT A POINT UN THE EASTERLY FACE UF~ 'THE CURB LINE ON LANCASTER DRIVE NEAR THE POINT
OF RADIUS WITH DAUPHIN DRIVE, SAID POINT BEING LOCATED FROM THE FOLLOWING COURSES:
1, FROM A CONCRETE MONUMENT SET AT A COMMON CORNER WITH THE LANDS OF SHIPPENSBURG
UNIVERSITY, FORMERLY LANDS OF CAROLINE G. REISIGNGER ANO 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 (398.93') TO A POINT;
2. THROUGH LANDS OF SHIPPENSBURG UNNERSITY CROSSING LANCASTER DRIVE SOUTH THIRTY NINE
DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S38 43'34"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 THIRTY FOUR DEGREES ZERO MINUTES 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 UNIVERSITY THE
FOLLOWING COURSES:
1. 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 (26.0') TO A POINT ON THE SOUTHERLY CURB UNE 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 TYVENry SIX SECONDS EAST (S591 8'26"E) TWENTY
TWO AND SEVENTY NINE HUNDREDTHS FEET (22.7971'0 A POINT;
3. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF TWENTY AND FIFTY HUNDREDTHS FEET (20.507 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 (20,407 TO A POINT;
4. SOUTH 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 (300.07 TO A POINT, SAID CURVE BEING REFERENCED WITH
A CHORD OF SOUTH FORTY FOUR DEGREES EIGHTEEN MINUTES FORTY SIX. SECONDS EAST (S44 18'48"E)
FORTY SEVEN AND NINETY FOUR HUNDREDTHS FEET (47.84') 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 (200.07 TO A POINT, SAID CURVE BEING REFERENCED
Wft•H 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 (31.257 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;
(00] 12661.DOC1
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?/;~:/7_~',. _::., ~', ..." ~ ~" 474 AS~'~RF~ L:\~D ""?\~*=rpc !.~j"`04/±'_.
EXECUTION COP`S
e. ALONG THE PHASE 1 SOUTH SfTE LEASE BOUNDARY, SOLITIi FIi='TY DEGREES SIXTEEN MINUTES TWENT`~
SIX SECONDS WEST (S50 96'28"VN) SEVENTY FIVE AND NINE. HUNDREDTHS FEET (75.08') TO A POINT;
9. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH TFIIRTY NINE DEGREES FORTY THREE
MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) TWENTY THREE AND THIRTEEN 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 (S5018'28"W) SIXTY FNE AND NINETY SIX HUNDREDTHS FEET (65.867 TO A
POINT;
11. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH THIRTY NINE DEGREES FORTY THREE
MINUTES THIRTY 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 18'26"4V) ONE HUNDRED NINETY SEVEN AND NINETY ONE HUNDREDTHS
FEET (197.91') TO A POINT;
13. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH THIRTY NINE DEGREES FORTY THREE
MINUTES THIRTY FOUR SECONDS EAST. (S39 43'34'E) ONE HUNDRED FORTY ANO THIRTY THREE
HUNDREDTHS FEET (140.337 TO A POINT;
14. SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S50 16'28Mi) SEVEN AND FIFTY
HUNDREDTHS FEET (7.50') TO A POINT;
15. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS WEST
(N39 43'34"W) FIFTY FIVE AND EIGHTEEN HUNDREDTHS FEET (55.187 TO A POINT;
16. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF ONE HUNDRED FORTY EIGHT AND SIXTY EIGHT
HUNDREDTHS FEET (148.86'} ON A RADIUS OF ONE HUNDRED SEVENTEEN FEET (117.07 TO A POINT, SAID
CURVE BEING REFERENCED WITH A CHORD OF NORTH SEVENTY SIX DEGREES SEVEN MINUTES FORTY
EIGHT SECONDS WEST (N78 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 NINE AND TWENTY SEVEN
HUNDREDTHS FEET (129.27') ON A RADIUS OF THREE HUNDREp THIRTY FIVE FEET (335.0') TO A POINT, SAID
CURVE BEING REFERENCED WffH A CHORD OF SOUTH FIFTY SIX DEGREES TWENTY FOUR MINUTES FORTY
TWO SECONDS WEST (S56 24'42'1llf~ ONE HUNDRED TWENTY EIGHT AND FORTY SEVEN HUNDREDTHS FEET
(1zs.a7~);
18. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF NINETY EIGHT AND ONE HUNDREDTH FEET (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 FlFTY SIX SECONDS WEST (S02 48'66"W) EIGHTY NINE AND
TWENTY FIVE HUNDREDTHS FEET (89.26'};
19. SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST
(S39 43'34"E) ONE HUNDRED NINETEEN ANO FIFTY FNE HUNDREDTHS FEET (119.55') TO A POINTAT THE
WESTERLY FACE OF THE CURB LINE ON YORK DRNE;
20. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE SOUTH FIFTY DEGREES SIXTEEN
MINUTES TWENTY SIX SECONDS WEST (S5018'28"W) FIFTY TWO AND ELEVEN HUNORI=DTHS FEET (52.11') TO
A POINT;
(OOl 12681.DOC}
12/14/20' 2 __ _ . __ , 't~`~ r'_ ~ i ~~'_ 970~'~
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EXECUTION COPY
21. CONTINUING ALONG THE WESTERLY FACE CIF THE CURB LINE OF YORK DRIVE ON A CURVE TO THE
RIGHT 1MTH AN ARC LENGTH OF EIGHTY ONE AMID FORTY HUNDREDTHS FEET (81.40') ON A RADIUS OF ONE
HUNDRED FEET (100.0') TO A POINT, SAID CURVE: BEING REFERENCED WITH A CHORD OF SOUTH SEVENTY
THREE DEGREES THIRTY FNE MINUTES THIRTY SIX SECONDS WES,'T' (S73 35'36"W) SEVENTY NINE AND
SEVENTEEN HUNDREDTHS FEET (78.1T);
22. ALONG THE WESTERLY FACE OF THE CURB I'.INE OF YORK DRIVE NORTH EIGHTY THREE DEGREES FIVE
MINUTES FOURTEEN SECONDS WEST (N83 05'14"W) TWELVE AND FORTY ONE HUNDREDTHS FEET (12.41'}
TO A POI NT;
23. ALONG THE WESTERLY FACE OF THE CURB I.tNE OF YORK 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 HUNDRED FEET
(100.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH SIXTY SEVEN DEGREES
THIRTY MINUTES EIGHT SECONDS WEST (N67 30'08"W) FIFTY THREE AND SEVENTY THREE HUNDREDTHS
FEET (53.73');
24. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH FIFTY ONE DEGREES FIFTY
FIVE MINUTES THREE SECONDS WEST (N51 55'03"W) TWENTY SEVEN AND SEVENTEEN HUNDREDTHS FEET
(27.17') TO A POINT;
25. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH FIFTY FIVE DEGREES THIRTY
ONE MINUTES TWENTY SEVEN SECONDS WEST (N55 31'27"N1n THIRTY THREE AND NINETY TWO
HUNDREDTHS FEET (33.92') TO A POINT;
26. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE TO THE LEFT WITH AN
ARC LENGTH OF FORTY FIVE AND NINETY THREE HUNDREDTHS FEET (45.93') ON A RADIUS OF NINETY FEET
(80.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH SEVENTY DEGREES EIGHT
MINUTES THIRTY NINE SECONDS WEST (N70 08'39'111n FORTY FIVE AND FORTY THREE HUNDREDTHS FEET
(46.43');
27. ALONG THE WESTERLY FACE OF THE CURB UNE OF YORK DRIVE NORTH EIGHTY FOUR DEGREES FORTY
FIVE MINUTES FIFTY ONE SECONDS WEST (N84 45'S1"W) TVVENTY ONE AND SEVENTY FOUR HUNDREDTHS
FEET (21.74') TO A POINT;
28. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRNE ON A CURVE TO THE RIGHT WITH 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 CURB LINE OF LANCASTER DRNE, SAID CURVE BEING
REFERENCED WITH A CHORD OF NORTH FORTY DEGREES THIRTY FOUR MINUTES SEVENTEEN SECONDS
WEST (N40 34'47"W) SIXTY NINE AND SEVENTY ONE HUNDREDTHS FEET (69.71');
29. CONTINUING ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE NORTH THREE
DEGREES THIRTY SEVEN MINUTES SEVENTEEN SECONDS EAST (N03 3T17"E) FIFTY 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 SU(HUNDREOTHS FEET (75.78') ON
A RADIUS OF NINETY FEET (80.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH
TWENTY SEVEN DEGREES FORTY FOUR MINUTES TWELVE SECONDS EAST (N27 44'12"E) SEVENTY THREE
AND FIFTY FOUR HUNDREDTHS FEET (73.54');
31. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE NORTH FIFTY ONE DEGREES
FIFTY ONE MINUTES SEVEN SECONDS EAST (N51 51'07"E) SEVENTY TWO AND FOURTEEN HUNDREDTHS
FEET (72.14 TO A POINT;
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32. ALONG THE EASTERLY FACE OF THE CURB LINE OF LAN(:AS'TER DRIVE ON A CURVE TO THE LEFT WITH
AN ARC LENGTH OF THIRTY EIGHTAND THIRTY S1X HUNDREDTHS FEET (38.38') ON
A RADIUS OF ONE HUNDRED FEET (100.0 TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF
NORTH FORTY DEGREES FlFTY ONE MINUTES FORTY FOUR +SECONDS EAST (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 82'20"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 FOUR DEGREES
ZERO MINUTES THIRTY FOUR SECONDS EAST(N34 00'34"E) FOUR HUNDRED ELEVEN AND TWO
HUNDREDTHS FEET (411.02') TO THE POINTAND PLACE OF BEGINNING.
CONTAINING 232,898 SQUARE FEET OR 6.347 ACRES OF LAND, MORE OR LESS AS SHOWN.
BEING PART OF THE SAME PREMISES FROM DEED FROM SOPHIA SMITH, WIDOW,
UNMARRIED, HEIRS OF SAMUEL SMITH, DECEASED, DATED NOVEMBER 30, 1 A26 AND RECORDED JANUARY
17, 1927, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED
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