HomeMy WebLinkAbout94-04497
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McNElIS, WAI.LACE lie NURICK
100 "NI IIT'UIT
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H"'''''''U''O, PA 17101
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DICKINsON COLLIi:GIE MID 'rRUs'l'li:lEs I
OF DICKINSON COLLIi:OIE, I
IN THill COUR'l' OF COMMON PLIllAS
CUMBIllRLMlD COUN'l"t, I?IENNsVLVMlIA
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owners-Pefendants
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cont.ractor-Pefendant,
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R, S, MOWIi:RY ,.. SONS, 1NC"
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The undersigned contractor', matedalman or other entity or
person furnishing services, labor or matedals, Imown as R, S.
Mowery'" sons, 1nc" a Pennsylvania corpot'ation (the
"Cont rIJctor") intend in9 to be legally bound, and in considerat ion
of the sum of ONE AND NO/lOa DOLLAHS ($1.,00) to it in hand paid
by Dickinson College, a Pennsylvania non-profit corporation, and
Trustees of Dicl<inson College ("Owners") the receipt whereof is
hereby acknowledged, for itself and any subcontractors,
materialmen, laborers or anyone else acting through or under it,
covenants and agrees that no mechanics or materialmen's liens or
claims shall be filed or maintained by it, them or any of them,
against the real estate described in Schedule "A", attached
hereto and made a part hereof, or against any buildings or other
improvements therecn (jointly and severally, the "Real Estate"),
for or on a~count of any work to be done or materials furnished
under the principal contract between Owners and Contrartor, dated
August la, 1994, or under any supplemental contract, verbal or
written, or contract for extra work or materials relating to and
work to be done or material furnished under said principal
contract. The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting or claiming through
or under it, hereby waives and relinquishes all right to file a
mechanics' lien, claim or notice of intention to file any lien or
claim against the Real Estate,
The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting undLr or through it,
hereby irrevocably authorizes and empowers any attorney of any
court of competent jurisdiction of the Commonwealth of
Pennsylvania, or elsewhere, to appear as attorney for it, them or
any of them, in any such court and, in its or their name or
names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or
instrumer.t, or any amendment to any pleading or instrument
.
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SCHJi:IJUIiJi: A
^Ii~ THAT CJi:RTAIN tract or parcel of land aituate in the Borough
of Carllale, cumberland County I Pennsyl van ia, as shown on that
oertain Final subdivision plan for the "Dickinson collega Social
Spaoa" dated May 5, 1994, proparod for the Trustees of Dickinson
College by Stlltler.lJl'"llhm IItHlociut'J/J, Inc" illl more particular.ly
bounded and descl'"ibed nu follows, to witl
Beginning at the nOl-thwoulclrn GOnlel' of the interuection of
Chel'"l'"Y Street and Weut High Streetl thence along the
nor.ther.n right-of-way line of West High street North 03
degreeu 55 minutes 00 ueconds Weut 1,539.00 feet I thence
along the same South 8G degrees 35 minutes 00 seconds West
406,00 feet to a point at the northeastern corner of the
intersection of Orange Street and West High Stl'"eetl thence
by a CUl'"ve to the right having a radius of 70,00 feet, an
arc length of 39,96 feet Bnd a chord bearing and distance of
North 68 degrees 54 minuteu 00 seconds West 38,85 feetl
thence along Orange Street North 49 minutes 25 minutes 00
seconds West 22,00 feet to the southern right-oE-way line of
conraill thence along the same North 84 degrees 55 minutes
00 seconds East 85,00 feetl thence by a curve to the right
having a radius of 1,390,00 feet, an arc length of 169,82
feet and a chord bearing and distance of North 88 degrees 25
minutes 00 seconds East 169,72 feetl thence continuing along
the southern right-ot-way line of Conrail, South 88 degrees
05 minutes 00 seconds East 385,00 feetl thence by a curve to
the left having a radius of 2,229,36 feet, an arc length of
534,36 feet and a chord bearing and distance of North 84
degrees 43 minutes 52 seconds East 533,00 feetl thence North
75 degrees 07 minutes 11 seconds East 136,24 feetl thence by
a curve to the left having a radius at 5,302,71 feet, an arc
length of 391,23 feet m,d a chord bearing and distance of
North 73 degrees 00 minutes 22 seconds East 391,14 feet to a
point I thence continuing along the southern right-of-way
line of Conrail South 19 degrees 06 minutes 27 seconds East
4,84 feet; thence along the same North 70 degrees 20 minutes
07 seconds East 380,37 feet to a point at the southwestern
corner of the intersection of Conrail's right-of-way and
Cherry Street; thence along the western right-of-way line of
Cherry Street South 05 degrees 33 minutes 00 seconds West
340.69 feet; thence along the same South 05 degrees 20
minutes 00 seconds West 149,78 feet to the point and place
of Beginning,
Containing 6,86 acres or 298,973 square feet,