HomeMy WebLinkAbout94-01305
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Mechanics' Lien Docket '/
No, 130 5 tfI LD /19
Page
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WAIVER OF RIGHT TO FILE MECHAlfICS' LIEN
Norwood Industrial
HERSHEY FOODS CORPORATION
Owner/Lessee
BACKGROUND: Hershey Foods Corporation ("Hershey") is the owner of
certain real estate ("Real Estate") with improvements thereon (the
"Improvements") situated in CllDIberland County, Pennsylvania, as more
particularly described in Exhibit "A", On October 1, 1983, Hershey sold the
Improvements to Resources Development Property Corporation who assigned their
interest to Dautec Limited Partnership, a statutory limited partnership
organized under the laws of Connecticut ("Dautec"), Pursuant to the lease
dated October 15, 1983, Dautec leased the Improvements to CllDIber Leasing
Corporation, a Delaware corporation ("CllIIIber"), CllIIIber, in turn, leased the
Improvements to Hershey under the terms of a sublease dated October 15, 1983
(the "sublease"), Pursuant to the terms of the sublease, Hershey is
permitted to make renovations to the Improvements,
Hershey Chocolate U,S,A" a division of Hershey, has entered into an
agreement with N::tv.txrl Ird:.stri.al a:ns,(b,.Inc, ("Contractor") in which the
Contractor has agreed to complete renovations to the Improvements, including
providing all labor and materials necessary to complete the renovations,
NOW, THIS INSTRUMENT WITNESSETH THAT the Contractor, for itself and
any subcontractor and anyone else acting through or under Contractor, hereby
stipulates and agrees that no lien or claim for a lien against the said Real
Estate or Improvements, commonly called a mechanics' lien, shall be filed by
anyone, inclUding without limitation the Contractor, any subcontractor,
materialman, or any person furnishing labor or materials in connection with
any construction thereon, This is a separate and independent covenant and
shall be operative and effective with respect to labor done and materials
furnished under any supplemental contract or contracts for extra or different
work, as well as labor done and materials furnished under such agreement
between the Contractor and Hershey Chocolate U,S,A,
IN WITNESS WHEREOF, these presents have been executed under seal
the 16th day of March ,19~,
Jeffrey L, Sterner,Regional Vice Pres,
BY:)\~ L r
"cr (c,-rlrachv
AT'I'E~T~7f'{;"/' ,,,/,:
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SCH~DUL~ A
Part: I
Le~al Descriution
ALL that certain tract or parcel of land situate in the Tovnship of Silver
Spring, County of Cumberland, Commonwealth of Pennsylvania, bou~ded and
d~scribed in accordance vith a survey of John C. Brilhert, Surveying and
Mapping Services, bearing seal of ~harles W. Jutikins, Registered SU:Veyor,
designated "Eastern Distribution Center, Hershey Foods Corporation," dated
October 19, 1983, to wit:
TRACT 1 (Tracts 1 & 2 Combined)
BEGINNING at a Railroadd Spike in the centerline of LR 21012 (Locust
Point Road), said Spike being located at the northvest corner of land. of
Eldor%do Propertie., Inc. (formerly United Refining Co.); THENCE along the
center!4ne of tocust Point Road, North 20. 56' 30" West, a distance of 8.00
feet to a Spike; thence along lands now or formerly of Xeller Adams, North 65.
10' East, a distance of 578,34 feet to a point; thence along lands now or
!crmerly of Horman C, Eshelman (under sales agreement to George Lee Souder),
North 43. 28' 30" West, a distance of 52.23 feet to a point at corner of other
lands of George Souder; thence along lands of George Souder, North 65. 14' 30"
East, a distance of 35,59 feet to a point; thence continuing along the same,
oy a curve to the left having a radius of 910,72 feet, an arc length of 193.92
feet, the chord of which is North 59. 08' 30" East, 193,55 feet to an iron
pin; thence continuing along the same, North 530 02' 30" East, a distance of
128,18 feet to an Iron Pin; thence continuing along the same, North 400.38'
20" West, a dist:ance of 145,92 feet to an Iron Pin; thence continuing aloeg
the same. North 470 46' 10" East, a distance of 41,00 feet to an Iron Pi~;
thence continuing along the same, North 400 31' 20" West, a distance of 526,52
feet to au Iron Pin;' thence along lands of S, S, Potteiger and Cumberland
. 0
County Industrial Development Authority, North 64 23' 10" East, a distance of
617,41 feet to a Railroad Spike in Dauphin Drive; thence along lands of Max C,
Hempt, North 660 OS' 30" East, a distance of 905,32 feet to an Iron Pin;
thence continuing along the same, south 480 44' 45" East. a distance of 875,00
feet to au iron pin; thence continuing along the same, South 480 27' East, a
distance of 403,81 feet to a Stone at a Post; thence continuing along t~e
saoe, Sou~h 520 33' West, a distance of 542,47 feet to an Oak Tree; thence
along lands of J. P. Minnich South 520 42' 10" west, a distance of 1,050.42
feet to an Iron Pin; thence continuing along the same, South 130 10' 10. East,
a distance of 244,13 feet to an Iron Pin in the northerly line of lands now or
fo~erly of Penn Central; thence along the northerly line of lands now or
fc:merly of Penn Central, North 790 32' West, a distance of 597.24 feet to an
lron Pin at corner of lands of Eldorado Prope~ties Corp,; thence along lands
of Eldorado Properties Corp, North 380 07' SO" West, a distance of 668,98 feet
to an Iron Pin; thence continuing along the same, South 650 10' West, a
distance of 565,93 feet to a Railroad Spike, the point of Beginning,
CONTAINING 60.192 acres of land.
TOGETHER vith a right of ingress, egress and regress to use in
.O::on with others s right of way more particularly described and recorded in
!~B~, Book 259, Page 79i, Cumberland County Records.
TOGETHER with right of ingress. egress and regress over
that certain easement and right of way as more specifically
tet forth in Easement Agreement between Dauphin Distribution
Servic~s Co. and Hershey Foods Corporation dated November 10.
1S02 anc recorded in Mise, Book 284. Daoe 802.
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