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Home My WebLink About06-2064 ,. st1p UPPER ALLEN, LP 9450 W. Bryn Mawr Avenue, Suite 150 Rosemont, IL 60018 J';. /--JeILS' IN TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. .;to" '/ of 2006 jI1 GO Owner Vs. R.S. MOWERY & SONS, INC. 1000 Bent Creek Boulevard Mechanicsburg, P A 17050 Contractor WHEREAS, UPPER ALLEN, LP, with offices located at 9450 W. Bryn Mawr Avenue, Suite I SO, Rosemont, illinois ("Owner"), is about to execute contemporaneously herewith, a contract, with R.S, MOWERY & SONS, INC., with offices located at 1000 Bent Creek Boulevard, Mechanicsburg, Pennsylvania, for the con.stniction of a three hundred forty-two thousand five hundred (342,500 +/-) square foot single story commercial structure on the property situate at Lot # 1 0, Upper Allen Business Park, Upper Allen Township, Cumberland County, Pennsylvania, as more particularly described in the Office of the Recorder of Deeds in and for Cumberland County in . Record Book 273 at Page 1139. A copy of the legal description for the aforementioned premises is attached hereto as Exhibit "A". NOW, ADr i 1 12 .2006, at the time of and immediately before the . execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with the Contractor and the further consideration of One Dollar ($1.00), to the Contractor paid by the Owner, it is agreed that no lien shall be filed against the premises or building by the contractor, or any sub-Contractor, nor by any of the. material men or workmen or any other person for labor, or materials purchased, or extra labor or mateljals purchased for the said construction, the right to file such liens being expressly waived. WITNESS our hand and seal the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF \~~) ::~ . Bruce . osendale, Executive Vice President 1000 Bent Creek Boulevard Mechanicsburg, P A 17050 509537_l.DOC , COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF Cumberland ON TIllS, the 12th day of Apri I ,2006, before me, the undersigned officer, personally appeared BRUCE G. ROSENDALE, who acknowledged himselfto be the EXECUTIVE VICE PRESIDENT ofR.S. MOWERY & SONS, INC" and that he as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as Executive Vice President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~+/Wfff a {Itt '-Notary Publi , NOTAAlAL SEAl, ; TRACEY A. OTT, Notary PubIc I i Silv9r Sprlng Twp., ~ld county ! i My C'>rnmlsslon Explroo Ma1\:h 31, 2007 J -.---,..,... -....".,...---.- 509537_1.DOC . EXIllBIT "A" ALL THAT CERTAIN tract or parcel of land situate in the Township of Upper Allen, Cumberland County, Pennsylvania, more particularly bounded and described as Follows, to wit: BEGINNING at a point along the north right-of-way line (a 60 foot right-of-way) of Independence Avenue. Said Point of Beginning is referenced from the "Primary Control Point" as indicated on the Preliminary/Final Subdivision Plan for Upper Allen Business Park-Tract "B" recorded in the Cumberland County Recorder of Deeds Office on January 18,2002 in Plan Book 84, Page 105. From said "Primary, Control Point" located along the northern right-of-way line of Independence Avenue (marked by a concrete monument) along a curve, curving to the right having a radius of 1,440.00 feet (previously and erroneously in previous Deeds reported as being 1,140.00 feet according to the survey dated February 3, 2006 and prepared by J. Michael Brill & Associates, Inc.) and an arc length of284.87 feet, said curve also described as having a chord bearing of South 46 Degrees 59 Minutes 55 Seconds West having a length of284.41 feet to a point, said point being the POINT OF BEGINNING. From said point of beginning along a curve, curving to the right having a radius of 46.00 feet and an arch length of 82.18 feet, said curve also described as having a North 76 Degrees 09 Minutes 25 Seconds West having a length of71.68 feet to a point along the eastern right of way line (a 60 foot right-of-way line) of Allendale Road; THENCE along said right-of-way North 24 Degrees 58 Minutes 47 Seconds West a distance of 162.47 feet to a point; THENCE along the same, along a curve, curving to the left having a radius of 2,030.00 feet and an arc length of 20.07 feet, said curve also described as having a chord bearing of North 25 Degrees 15 Minutes 47 Seconds West having a length of20.07 feet to a point; THENCE along the same North 25 Degrees 32 Minutes 46 Seconds West a distance of278.70 feet to a point; THENCE along the same, along a curve, curving to the right having a radius of 4,970.00 feet and an arc length of 15.11 feet, said curve also described as having a chord bearing of North 25 Degrees 27 Minutes 33 Seconds West having a length of 15.11 feet to a point; THENCE along the same North 25 Degrees 22 Minutes 19 Seconds West a distance of388.86 feet to a point; Page 1 of3 S0953V.DOC TIIENCE along lands now or formerly of Smith Land & Improvement Corporation (known as "Residual TractB") North 64 Degrees 37 Minutes 41 Seconds East a distance of 70.91 feet to a point; TIIENCE along the same North 41 Degrees 19 Minutes 53 Seconds East a distance of 174.45 feet to a point; TIIENCE along the same North 30 Degrees 16 Minutes 44 Seconds East a distance of 56.58 feet to a point; TIIENCE along the same North 51 Degrees 49 Minutes 35 Seconds East a distance of 104.98 feet to a point; . TIIENCE along the same North 70 Degrees 45 Minutes 04 Seconds East a distance of 119.37 feetto a point; TIIENCE along the same North 67 Degrees 40 Minutes 32 Seconds East a distance of 370.52 feet to a point; THENCE along the same North 32 Degrees 10 Minutes 58 Seconds East a distance of 36.55 feet to a point; THENCE along the same North 85 Degrees 45 Minutes 08 Seconds East a distance of 454.98 feet to a point; . TIIENCE along the same South 28 Degrees 09 Minutes 39 Seconds East a distance of150.51 feet to a point; TIIENCE along the same South 61 Degrees 50 Minutes 21 Seconds West a distance of 69.13 feet to a point; TIIENCE along the same South 28 Degrees 09 Minutes 39 Seconds East a distance of 45.72 feet to a point; THENCE along the same, along a curve, curving to the left having a radius of 25,00 feet and an arc length of 28 .24 feet, said curve also described as having a chord bearing of South 60 Degrees 30 Minutes 58 Seconds East having a length of26.76 feet to a point; TIIENCE along the same North 87 Degrees 07 Minutes 42 Seconds East a distance of24.02 feet to a point; Page 2 of3 509537_1.DOC , THENCE along the same South 48 Degrees 40 Minutes 07 Seconds East a distance of 111.24 feet to a point along the northern right-of-way line (a 60 foot right-of- way) ofIndependence Avenue; THENCE along said right-of-way South 41 Degrees 19 Minutes 53 Seconds West a distance of 1,110.47 feet to a point (referenced above as the "Primary Control Point"); THENCE along the same, along a curve, curving to the right having a radius of 1,440,00 feet (previously and erroneously in previous Deeds reported as being 1,140.00 feet according to the survey dated February 3, 2006 and prepared by 1. Michael Brill & Associates, Inc.) and an arc length of284.87 feet, said curve also described as having a chord bearing of South 46 Degrees 59 Minutes 55 Secoods West having a length of 284.41 feet to a point, said point being the POINT OF BEGINNING. BEING the same premises conveyed to Upper Allen, LP by virtue of the Deed of Conewago Contractors, Inc. dated February 16,2006 and recorded February 21, 2006 in Cumberland County Record Book 273 at Page 1139, TAX PARCEL NO.: PIO 42-10-0256-001 Page 3 of3 509537.l.DOC r-,) "" ('> ...... 't 7'-t: --- ~ VI - 1:-/ -- '- C> '-.J --J C> r.) C" W l>' --I> ~ ~ .-!:) 'I'- (,."1 0\ \ fu ., V\ --- ..s: <> ,- < " ~, "- ? 11\ tI ~ r