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Home My WebLink About12-7498 y~(~TVER QF LIENS STI~'~JLATTO~j..BY SUBCONTj;;~(.'TOR Form of Waiver of Liens Stipulation by Subcontractor IN THE COURT OF COMMON PLEA5 OF CUM$ERLAND COUN'T'Y, PENNSYLVANIA COMMONW)r'rILTH OF PENNSYLVANIA DEPARTMENT OF GENER,r~L SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSI'LVrLNIA OF THE STATE SYSI'Elvi OF HIGHER EDUCr1TION, a body corporate and politic constituting a public corporation and instrumentality under the laws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVER.ITY STUDENT SERVICES, III?C., a Pennsylvania non-profit corporation, Owners Plaintiffs, vs. FORTUNE JOHNSON, INC, Contractor Defendant. SERTIFICATE OF T,OGATION I I-TERE$Y CERTIFY that the location of the Real Estate affected b}~ this lien waiver is. Campus of Shippensburg University of Pennsylvania, Shippensburg Borough ,Pennsylvania 1$301 ~.~ ~ ._. /i ,~ Ja~t~lin Iviorrow, EsgR` ~~drney ox Shippensburg University of Pennsylvania of the State System of I~Tigher Education PHIL 1 2521449v, ! CIVIL DIVISION (~ I'~ No:'~.~U~d ~~V ,~.~: ~~ ,.ry ~~ .. , .~;~ =" ~~ ~--" ,. ~... ~^ ~. t... ~~.~ ~~ WAIVER OF LIENS STIPULATION BY SUBCON`T'RACTOR Code: Filed on behalf aE W ~~ c~ COMIvTONWEAL'CH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STr1TE SYSTEM OF IIIGHER $DUCATION; and SHIPPENSBURG UNIVERSI`T'Y STiJDENT SERVTCL:S, INC. Owners/Plaintiffs Counsel of Record for Shippensburg University of Pennsylvania of the State System of Higher Education: Jacqueline Morrow, Esq. Pa. I.D. No. 37222 298G North Second Street Iiarrisburg, PA 17110 Phone: (717) 720-4070 Fax; (717) 720-4213 ;7; - ._L '7. ~:i j _.: :~ --,; (~ w--~ ~' `~~ ~ `~7 c~~ 3 ~~1 WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made on December 2012 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 in The Borough of Shippensburg ,Cumberland County, Pennsylvania, which is depicted on Exhibit A (the "Property"); WHEREAS, 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; WHEREAS, SUSSI has entered into a development agreement relating; to the development of the Property ~~°ith Campus Apartments, inc. (the "Developer"); a WHEREAS, pursuant to a contract or contracts between Campus Apartments, Inc. (the •`Prime Contractor") and the Developer (the `'Prime Contract"), the Prime Contractor has agreed to supply labor, materials and sen~ices 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"); and 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: Properl} . 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: 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 i31ed 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 Subconh•act 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. Page 2 PH[Ll Z521449v.1 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 irreve~cably hereby waived. 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 tiled or maintained against the Work, the Property, the Improvements or the Interests or any parts thereof or the appurtenances thereto, and for such act ar 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 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. THIS WAl VER 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 tiling will be delivered to the Owners. This Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyone tiling a mechanic's lien or other claim in the name of or for or on behalf of the Subcontractor. y Page 3 PHIL 1 2521449v.1 IN WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. ~k~IT\ ESQ: I FORTUNE JO )N, INC. B Title: G""~' Page 4 PHIL 1 2521449~~.1 Acknowledgement and Consent: "PHE liNDERSIGNED DEVELOPER AND CON`1 RACTOR, BI' EXECUTION BELOW, ACKNO~ti'LEDGE AND CONSENT TO THE FOREGOING ~~'AIVER OF LIENS STIPUIy~1TION. CAi~IPUS APARTI~'~'NTS, INC., CAlw?US APARTLIIENTS, INC., Developer Contractor ~~ By. ~~~ By: Name: Darnel Bernstein Name.: Daniel Bernstein Title: E~'P & CF'O Title:. EVI' & CFO Page 5 PH I L l 2521449v. I SUBCONTRACTORS' ACKNOWLEDGEMENT S'TA'TE OF GE()RGI:1 ) SS: COL`N"TY OF ~~_ ) BEFORE ME, a Notary Public of 1\v..ar•J~e~ County, Georgia, personal] appeared ~ ], who acknowledged himself/herself to be the ~~-~ l~ ] of v?~,pe 5 Ly(Y,~id that heishe, 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 [_~r„~], 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 or an or for the benefit of the Property. t WI Nh',SS: FORTUNE- SOPS', IN ~,, `" y: ~ T e: Ge2S SWORN TO AND SUBSCRIBED before me this (~] day of [ ], 2012. [Notarial Seal] ~~~~~~~~~~~ pN~'~~~~~~ii My CommissiNn Er_ ~ bhc ~o~ FAA,. y-~ -~ ~ '' APRIL 9 *~ 3 N~:*` ;cam 2014 ~Q; i,,~~~~TgRY, Pv~~,`~~. Page 6 PHIL 1 2521449v.1 EXECUTION COPY EXHffiIT "A" LEGAL DESCRIPTION OF PHASE II PROPERTY See attached. ~oo~ izba~.ooc~ EXECUTION COPY 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 PHASE 2 SITE LEASE 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 THE FOLLOWING COURSES: 1, FROM A CONCRETE MONUMENT SET AT A COMMON CORNER WITH THE {..ANDS 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 FlVE DEGREES FIFTY THREE MINUTES FIFTY FOUR SECONDS EAST (N35 53'54"E) THREE HUNDRED NINETY EIGHT AND NINETY FIVE HUNDREDTHS FEET (398.9') TO A POINT; 2. THROUGH LANDS OF SHIPPENSBURG UNNERSITY CROSSING LANCASTER DRIVE SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 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 UNE 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 WRH AN ARC LENGTH OF THIRTY SEVEN AND EIGHTY TWO HUNDREDTHS FEET (37.82') ON A RADIUS OF TWENTY FlVE FEET (26.0') TO A POINT ON THE SOUTHERLY CURB LINE 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 TWO AND SEVENTY NINE HUNDREDTHS FEET (22.79') 1'1~ A POINT; 3. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF TWENTY AND FIFTY HUNDREDTHS 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; 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') 70 A POINT; 5. ON A CURVE 70 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 @EING 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 (47.94') 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 CURVE @E1NG 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 56b1"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; t00112681.DOCl EXECUTION COPY 8. ALONG THE PHASE 1 SOUTH SfTE LEASE BOUNDARY, 50UTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S50 16'26"VV) 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 THIRTEEN HUNDREDTHS FEET (23.13') TO A POINT; 10. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY S-X SECONDS WEST (S5018'28"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 THIRTY FOUR SECONDS EAST (S39 43'34"E) TWENTY FOUR AND FIFTY HUNDREDTHS FEET (24.50 TO A POINT; i2. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S50 18'26"W) 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 AND THIRTY THREE HUNDREDTHS FEET (140.33 TO A POINT; 14. SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST(S50 46'26'Vil) SEVEN AND FIFTY HUNDREDTHS FEET (7,50') TO A POINT; 15. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS WEST (N38 43'34"W) FIFTY FIVE AND EIGHTEEN HUNDREDTHS FEET (55.18') TO A POINT; 16. ON A CURVE TO THE LEFT WiT'H AN ARC LENGTH OF ONE HUNDRED FORTY EIGHT AND SIXTY EIGHT HUNDREDTHS FEET (148.88') 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 (N76 07'48"W) ONE HUNDRED THIRTY EIGHT AND EIGHTY SEVEN HUNDREDTHS FEET (138.8T) 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 HUNDRED THIRTY FIVE FEET (335.0') TO A POINT, SAID CURVE BEING REFERENCED WffH A CHORD OF SOUTH FIFTY 51X DEGREES TWENTY FOUR MINUTES FORTY TWO SECONDS WEST (S56 2q'42'111/) ONE HUNDRED TWENTY E)GHTAND FORTY SEVEN HUNDREDTHS FEET {1ze.ar); 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 (68,0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH 7W0 DEGREES FORTY EIGHT MINUTES FlF7Y SIX SECONDS WEST (S02 48'6fi"W) EIG}{TY NINE AND ~~ FIVE HUNDREDTHS FEET (88,26'); 19. 50UTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"Ej ONF HUNDRED NINETEEN AND 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 (S5016'28'W) FIFTY TWO AND ELEVEN HUNDREDTHS FEET (52.11') TO A POINT: f~i 12681.DOC} EXECUTION COPY 21. CON7iNUINO ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE TO THE RIGHT tiMTH AN ARC LENGTH OF EIGHTY ONE AND 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 WEST (S73 35'36'W) SEVENTY NINE AND SEVENTEEN HUNDREDTHS FEET (l8.1T}; 22. ALONG THE WESTERLY FACE OF THE CURB LINE 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 POINT; 23. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE TO THE RIGHT WITH AN ARC LEN GTH OF FIFTY FOUR AND FORTY HUNDREDTHS FEET (54.40'] ON A RADIUS OF ONE H UNDRED 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 UNE 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 CURS LINE OF YORK DRIVE NORTH FIFTY FIVE DEGREES THIRTY ONE MINUTES TWENTY SEVEN SECONDS WEST (N55 31'27"VII) Ty)R7Y 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 (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 HUNDREDTHS FEET (46.43'); 27. ALONG THE WESTERLY FACE OF THE CURB UNE OF YORK ORNE NORTH EIGHTY FOUR DEGREES FORTY FIVE MINUTES FIFTY ONE SECONDS WEST (N84 45'S1'Mn TWENTY ONE AND SEVENTY FOUR HUNDREDTHS FEET (21.74') TO A POINT; 2H. 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 34'17"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(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"~ 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; {oo>>sea~.noc~ EXECUTION COPY 32. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRNE ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF THIRTY EIGHT AND THIRTY SIX 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) TH{RTY EIGHT AND THIRTEEN HUNDREDTHS FEET (38.13'); 33. ALONG THE EASTERLY FACE OF CURB LINE ON LANCASTER DRIVE, NORTH TWENTY NINE DEGREES FlFTY TWO MINUTES TWENTY SECONDS EAST (N29 52'20"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, AND JACOB M. SMITH, UNMARRIED, HEIRS OF SAMUEL SMITH, DECEASED, DATED NOVEMBER 30, 1826 AND RECORDED JANUARY 17, 1927, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN DEED HOOK 1.10, PAGE 585, (001 12b81.DOC) EXECUTION COPY EXHIBIT "B" ACCESS LICENSES See attached. {ooi ~z~8~.ooc~ EXECUTION COPY {ooi ~ zbs i.c~oc} ,`~ J . r`~ .....~. . ._;... ~ ~~ ~~ ~~ ~ ~~ ~~~# ~~~ ~~ ~ ~ ~w~~ R~S~~~~`~~ i si ~. ~~ .:t, ~' -.; ~.~ .~~ ~~~ ai ~ ~, :_ . W.. ,. a ~~ .xr -r . EXECUTION COPY EXHIBIT "C" PHASE II STAGING AREAS See the attached Site Plans. {aoi i 26a i.noc~ ,,,._ ~ N_ n111u1~~~ ~1 N Iq:'~1 ~ f`'~~l~ t ~ ~,• ~j~jj1E ii tl ~ ~E~~G~ BHA ~ ~ ~~@I ~ o~lOQO __ ~~, ~ ~~~ ii ,~~ - -~~ ~~ ~~;~~~~ i ~ ^ b I ~ ~ N ~~ ~ ~ ~ ~M3~ ~ i 0 d N z a~ ~,, s~~ I ` c~ n a O z 0 u w X w EXECUTION COPY EXHIBIT "D,t P~IASE II UTILITY LICENSES See the attached Site Plan. {001:2681.D~) EXECUTION COPY a;1,{~r;~~;~,f~~,l ,:. .,1 , ~ ,. ~,• ~. =~~5 i -_ - .j~, ,~I ,. 1 ,; III I f` _ _~ ,j \ yI ., ~ i I n ~ _ 'i - , I(] .i ~~ "' `~~' :I ,, t t ~ I t~ 1l ~' ': ~ i >3 'i I . 4r ~ ` a ` E,.` ;l;~' -orb J:• ~ ~f `1 I % .• ~ ~ f ~ ~ J,~~1< ('~~ ~ :_ i •J ~-1 'l\ , `-fir ~ \\. ~ ~~~1 r'~ 1 ~. ~1 /~/~I~ •. ~.1 -~ mss. ~ r1 f ;' f ~ +~I , .~~ .~. ~. J 1 :. ~ [ ~ t `1 I ~ :, ' ~ U y d ., I i ~~ i ~ u--- ~ i._ ~i~`''{ ``~ 1.Ir ~ n. ~. ,, ~ ~ i I ,., .. i {00I 12681. DOC)