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HARRISBURG AREA YMCA,
Owner
: THE COURT OF f' OMMON PLEAS OF
: CUMBERLAND C UNTY,
: PENNSYLVANIA
v.
: NO.: (J (. ~ 3 J r'l !/Vl 1... P
HOUCK SERVICES, INC.,
Contractor
: WAIVER OF LIEN
CONTRACTOR'S WAIVER OF LIENS
THIS AGREEMENT made this 5f1. day of ::JtJ~ , 2006, between
Harrisburg Area YMCA, located at 123 Forster Street, Harri burg, PA 17102 ("Owner"),
and Houck Services, Inc., with an address of 7464 Lingles wn Road, Harrisburg, PA
17112 ("Contractor").
WHEREAS, by a duly executed written Construction Agre ent dated May 31, 2006
(the "Contract"), Owner and Contractor have contracted for the construction and
completion of alterations, additions and improvements t its West Shore Branch
Facilities, according to plans and specifications made a part of the Contract (the
"Improvements") on the Property known as 410 Fallowfield oad, Cumberland County,
Pennsylvania (the "Property"), said Property being more parti ularly described in Exhibit
"A" attached hereto and by this reference incorporated herein and
WHEREAS, no authorization has yet been given by ner to Contractor to
commence its work or purchase materials for same; and !
WHEREAS, no work has commenced on the Property lnd no labor or materials
have been delivered to the Property or furnished for the Improrements by Contractor or
any sub-contractor or materialman. ':
NOW, THEREFORE, the Contractor, for itself, its su cessors and assigns and
anyone else acting or claiming through or under it, for an in consideration of the
Contract and the considerations mentioned therein, and inte ding to be legally bound
hereby, does hereby agree as follows:
1. Waiver of Lien. Contractor hereby waives and relin uishes all rights to file a
mechanics' lien, claim or notice of intention to file any lien r claim and does hereby
covenant, promise and agree that no mechanics' lien or clai or other lien or claim of
any kind whatsoever shall be filed or maintained against the I provements or the estate
or
title of Owner in the Property as described in Exhibit "A" or he curtilage or curtilages
appurtenant thereto, by or in the name of Contractor or b or in the name of any
subcontractor, materialmen or laborers for work done or mat rials furnished under the
Contract or by any other party acting through or under the or any of them for and
about the Improvements or the Property or any part thereof, or on credit thereof, and
that all subcontractors, materialmen, and laborers on the w rk shall look to and hold
Contractor personally liable for all subcontracts, materials fur ished under the Contract
for and about the erection, construction and completion of th Improvements, or under
any contract for extra work, or for work supplemental thereto, r otherwise.
2. Independent Covenant. This Agreement waiving th right of lien shall be an
independent covenant and shall operate and be effective as ell with respect to work
done and materials furnished under any supplemental cont ct for extra work in the
erection, construction and completion of the said Improvemen s and as to any work and
labor done and materials furnished under the Contract. '
3. Power of Attornev. In order to give Owner full powe and authority to protect
itself, the Property, the estate or title of Owner therein, and th appurtenances thereto,
against any and all liens filed by Contractor or anyone acting nder or through them in
violation of the foregoing covenant, Contractor hereby irr vocably authorizes and
empowers any attorney of any Court of Common Pleas 0 the Commonwealth of
Pennsylvania to (i) appear as attorney for it, them or any of the ,in any such Court, and
in his or their name or names, to the extent permitted by law, m rk satisfied of record at
the cost and expense of Contractor or of any subcontractor or aterialman, any and all
lien or liens, filed in violation of the foregoing covenant, or ( i) cause to be filed and
served in connection with such lien or liens any pleadin or instrument, or any
amendment to any pleading or instrument previously filed by it or them, and to
incorporate therein, as part of the record, the waiver contained i this instrument; and for
such act or acts this instrument shall be good and sufficient arrant and authority. A
reference to the court, term and number in which and where t is agreement shall have
been filed shall be conclusive evidence of the authority herei to warrant such action,
and Contractor, for itself and for them, hereby remises, rele ses and quit-claims all
rights and all manner of errors, defects and imperfections wh soever in entering such
satisfaction or in filing such pleading, instrument or ame dment, or in any way
concerning them, In the event anyone acting through or under ontractor shall so file a
lien in violation of the foregoing covenant, Owner may not exe cise its rights under this
Paragraph 3 unless such lien has not been stricken or dischar ed (by payment, posting
of a bond or other means) for a period of ten days after notic of such lien shall have
been received by Contractor.
2
4. Public Notice, This Agreement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof. 1
IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby,
have caused this Contractor's Waiver of Liens to be executed the day and year first
above written.
ATTEST:
OWNER: HARRISBU G AREA YMCA
Richard A. Curl President
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WITNESS/ATTEST:
CONTRACTOR:
By: ~?(
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DEED OF CONSOLIDATION
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TillS INDENTURE, made the ~ day of J/6V1fH ' the Ye~aro Thousand Five (2005).
BETWEEN, HARRISBURG AREA YOUNG MEN'S CHRISTI ASSOCIATION, a non-
profit Pennsylvania corporation hereinafter the "Grantor" ,
AND I
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WITNESSETH, That Grantor, for and in considerati n of the sum of ONE
DOLLAR ($1.00), lawful money of the United States of America, 11 and truly paid by the
Grantee to the Grantor, at and before the sealing and delivery of these pr sents, the receipt whereof
is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffe ,released, conveyed and
confinned, and by these presents does grant, bargain, sell, alien, ff, release, convey and
confinn unto the Grantee, its successors' and assigns:
HARRISBURG AREA YOUNG MEN'S CHRISTIAN
Pennsylvania corporation, hereinafter the "Grantee",
ALL THOSE TWO CERTAIN tracts or parcels ofland s' ate in Hampden
Township, Cumberland County, Commonwealth ofPennsylvani more particularly
bounded and described as set forth below, and pursuant to that certain
Preliminary/Final Land Development Plan - Site Plan West Shor YMCA prepared
by Alpha Consulting Engineers, Inc. and originally dated June 1 2004, as revised
and recorded in the Office of the Recorder of Deeds in and for C berland County
in Book ~ Page to'( on 30 /{ovc",tJtr, 2005, to wit:
TRACT 1:
BEGINNING at an iron pin located along the western S .00 foot right-of-
way of Fallowfield Road, said iron pin being 198,26 feet south of the southwest
intersection of Fallowfield Road and S.R, Route 0641 (Trindle Road) rights-of-
way; thence from said point of beginning, along the western right-of-way the
following two courses and distances; along a curve to the left ving a radius of
346.91 feet, an arc length of 54.51 feet, a chord bearing of So 33 degrees S7
minutes 19 seconds East, and a chord distance of 54.38 feet to point; South 38
degrees 27 minutes 00 seconds East a distance of 10.49 feet t a point; thence
along lands now or formerly of Penn Edison Communications A the following
three courses and distances: South Sl degrees 33 minutes 00 seconds West a
587228.1
4
BOOK 212 PAGE 75()
distance of 8.77 feet to a point; South 07 degrees28 minutes ~O seconds East a
distance of 211.54 feet to a point; North 72 degrees 10 minutes 132 seconds East a
distance of 54.33 feet to a point; thence along the aforementio ed western right-
of-way of Fallowfield Road the following three courses and di tances: South 15
degrees 40 minutes 28 seconds East a distance of 114,02 feet t a point; along a
curve to the right having a radius of 10,00 feet, an arc leng of 15,71 feet, a
chord bearing of South 29 degrees 19 minutes 53 seconds est and a chord
distance of 14.14 feet to appoint; along a curve to the left havin& a radius of 60,00
fee, an arc length of 94.25 feet, a chord bearing of South 29 d grees 20 minutes
10 seconds West and a chord distance of 84,85 feet to an iron pin; thence along
lands now or formerly of 36th Street Associates the followin two courses and
distances: South 74 degrees 19 minutes 32 seconds West a dist ce of 10.53 feet
to an iron pin; South 07 degrees 28 minutes 00 seconds East a istance of 217,11
feet to a point; said point also being located along the northern 20.00 foot,right-
of-way of S,R. 0581; thence along the aforementioned no ern right-of-way
North 84 degrees 50 minutes 28 seconds West a distance of 318. 5 feet to a point;
thence along lands now or formerly of the Salvation Army No 24 degrees 17
minutes 00 seconds West a distance of 455.91 feet to an iron in; thence along
lands now or formerly of Williams and Williams Real Estate an other lands now
or formerly ofM&T Bank Financial Trust Company North 65 d grees 43 minutes
00 seconds East a distance of 366,11 feet to an iron pin; thence across lands now
or formerly of M&T Bank Financial Trust Company North 42 d grees 23 minutes
00 seconds East a distance of 92.90 feet to an iron pin; said i on pin being the
point and place of BEGINNING,
CONTAINING 4.977 Acres.
BEING all of the same premises which Hampden Indus 'al Development
Authority, a Pennsylvania municipal authority, by their deed dat November 29,
2005 and recorded t/CVtrlltJ:A ;Z.~ ,2005, in the Cumberland ounty Office of
the Recorder of Deeds in Record Book2];L Page .t..li gran d and conveyed
unto Harrisburg Area Young Men's Christian Association, the G antor herein,
AND BEING a part of the same premises which Laurel ffice Associates,
a Pennsylvania general partnership, by their deed dated M ch 9, 2000 and
recorded March 15, 2000 in the Cumberland County Office 0 the Recorder of
Deeds in Record Book 217, Page 717, granted and conveyed unto Harrisburg
Area Young Men's Christian Association, the Grantor herein.
UNDER AND SUBJECT, however, to the following:
L To the condition stated in the deed from Summit Co oration to Weis
Markets Inc., dated December 9, 1960 and recorded in the Office for the Recorder
of Deeds in and for Cumberland County in Deed Book "B", Vol. 0, Page 989,
eOOK 1272 rACE '75:\
2. To the right-of-way over Fallowfield Road granted i deed from Spera
Industrial Co, to Roban Inc., dated June 26, 1962, recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed B ok "0", Vol. 20,
Page 199.
3. To the easement granted in the deed from Spera Industrial Co, to
Roban, Inc. dated January 3,1964, recorded in the office of the ecorder of Deeds
in and for Cumberland County in Deed Book "C", Vol. 21, Page 117,
4. To the right-of-way and easement granted by Spe
Pennsylvania Power and Light Company by Right-of-Way
March 23,1964,
Industrial Co. to
greement dated
5, To the rights of the Commonwealth of Pennsylv ia to the slope
easement along the northem right-of-way line ofthe Harrisburg xpressway.
6, To the right-of-way and easement granted by Spera Industrial Co, to
Pennsylvania Power and Light Company by Right-of-Way greement dated
January 19,1962.
7, To the right to the concrete pipe at the corner 0 the tract herein
conveyed described by the second and third course of the tract h ein conveyed,
TRACT 2
BEGINNING at an iron pin located along the eastern 5 .00 foot right-of-
way of Fallowfield Road, said iron pin being 479,86 feet sou of the southeast
intersection of Fallowfield Road and S.R, Route 0641 (Trindl Road) rights-of-
way; thence from said point of beginning, along lands now or ormerly of Penn
Edison Communications System/PA North 72 degrees 10 m' utes 32 seconds
East a distance of 196.91 feet to an iron pin; thence along lands now or formerly
of Vinh and No Thi Giang and other.lands now or formerly f Jeff and Joyce
Merrill, lands of Randall Vathis, and lands now or formerly of Julia Urick, said
line also being the mlullcipal boundary between Hampden T wnship and the '
Borough of Camp Hill South 18 degrees 49 minutes 28 seconds ast a distance of
238.78 feet to an iron pin; thence along lands now or forme Iy of 36th Street
Associates South 71 degrees 10 minutes 32 seconds West a di tance of 210,21
feet to an iron pin; said iron pin also being located along the eas ern right-of-way
of Fallowfield Road; thence along the aforementioned eastern ri t-of-way North
15 degrees 40 minutes 28 seconds West a distance of 242.58 fe t to an iron pin;
said iron pin being the point and place of BEGINNING.
CONTAINING 1.124 Acres,
AND BEING a part of the same premises which Laurel
a Pennsylvania general partnership, by their deed dated M
recorded March 15, 2000 in the Cumberland County Office 0
ffice Associates,
h 9, 2000 and
the Recorder of
llliOK 272 PACE '7 5~
Deeds in Record Book 217, Page 717, granted and conveyed! unto Harrisburg
Area Young Men's Christian Association, the Grantor herein,
UNDER AND SUBJECT, NEVERTHELESS, to a mortgage dated
December 23, 2004 and effective December 24, 2004 by and b tween Harrisburg
Area YMCA, as Mortgagors, and Fulton Bank, as Mortgagee, rec rded in the Office
of the Recorder of Deeds in and for Cumberland County, Penns Ivania in Record
Book 1893, Page 0312,
ALSO UNDER AND SUBJECT, NEVERTHELESS, to all building
restrictions, zoning regulations, easements, rights-of-way, eservations and
restrictions, either of record or visible on the property herein con eyed, and subject
to all rights of and ownership in public roads, streets and highwa ,whether or not
opened,
TOGETHER with all aiId singular the tenements, hereditaments and appurtenances to the
same belonging, or in anywise appertaining (including all right, title and terest of Grantor in and
lying in the bed of any streets, roads or alleys bounding or abutting the s e), and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof; ALSO all the estate,
right, title, interest, property, claim and demand whatsoever, both in law d equity, of the Grantor,
of, in, to or out of the said premises, and every part and parcel thereof.
TO HA VB AND TO HOLD the said tract Of land, with all and s' gular the premises herein
described together with the appurtenances, unto the Grantee, its successo and assigns, to and for,
the only proper use and behoof of Grantee, its successors and assigns fore er,
AND the Grantor, its successors and assigns, hereby covenan and agrees to warrant
specially and forever defend all and each of the hereditaments and premis herein above-described
and granted, or mentioned and intended so to be, with the appurtenances, gainst all and every other
person or persons, whomsoever, lawfully claiming or to claim the sam or any part thereof, by,
from or under it, him, her, them or any of them.
Witness:
Grantor:
HARRISBURG YOUNG MEN'S
CHRISTIAN ASSOC TION,
a Pennsylvania non-pr fitcorporation
IN WITNESS WHEREOF, the Grantor has caused this Deed to e executed the day and
year first above written,
;#~
eOOK _72 PAGE 753
.
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COUNTY OF 7)ftb~~ ~
~O
On this, the ~-,rtday of /'!lvtrnJ,.J.-, 2005, before me, the dersigned officer,
personally appeared R..ic)'/a tel A. Cu r / who acknowled ed himselt7herselfto be
the fre-Sl'denr kef) of Harrisburg Area Young Men's Christ Association, a
Pennsylvania n6n-profit corporation, and that he/she, as such Pr~SlJ.(" rEO being
authorized to do so, executed the foregoing for the purposes therein con ained,
COMMONWEALTH OF PE~SYL V AN1A
SS:
(SEAL)
CERTIFICATE OF RESIDENCE
I hereby certifY that the precise residence of the Grantee herein is
Harrisburg Area Young Men's Christian Associati n
/2-3 1-0 ,.-e s-k", Sf"" r
f/o.v-oI'u6..- I P.4 I I 2-3'10'
Attorney antee
800~ ,2 PACE 754
,
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COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
RECORDED in the Office of the Recorder of Deeds, etc., in and or said County, in Record
Book , Page
WITNESS my hand and official seal this _ day of 005.
Recorder of Deeds
I Certi fy this to e recorded
f11 Cumberland ounty P A
~~";r-
Recor er of Deeds
600K 272 PAGE 755
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