HomeMy WebLinkAbout94-04498
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MeNUI, WALLACE 0. NURICI<
100 'IN. .'"tlIT
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HA""I"U"O, PA '7100
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R, S, MOWERY & SONS, INc" I
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Contraotor-Plaintiffl
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DICKINSON COLLEGE find 'I'RUSTEES I
O~ DICKINSON COLLEGE, I
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Ownera-P~fendflnts I
IN THE COURT O~ COMMON PLEAS
CUMBERLAND ~OUNTY, PENNSYLVANIA
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S'l' r PU 1,/\'1' r ON AGA r N ST !, U:N S
The undersigned contractor, materialman or other entity or
person furnishing services, labor or materials, known as R, S,
Mowery & Sons, Inc" a Pennsylvania cOl'poration (the
"Contractor") intending to be legally bound, and in consIderation
of the sum of ON8 AND NO/lOO DOLLARS ($1.00) to it in hand paid
by Dickinson College, a Pennsylvania non-profit corporation, and
Trustees of DicldlH30n College ("Owners") the receipt whereof is
hereby acknowledged, for itself and any Dubcontractors,
materialmen, laborers or anyone else acting through or under it,
covenants and agl:ees that no mechanics Ot- 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 thereon (jointly and severally, the "Real 8state") /
for or on account of any work to be done or materials furnished
under the principal contract between Owners and Contractor, dated
August 10, 1994/ or under any 8upplelolental contract / verbal or
written, or contract for extra wark 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 8state,
The undersigned, for itself / its subcontractors,
materialmen, laborers and anyone else acting under 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
instrument, ar any amendment to any pleading or instrument
~
,
aCHIilPULIJl A
M,L THAT CIilR'l'AIN tract or parcel of land s.ituate in the Borough
of Carlisle, Cumberland County, Pennsylvania, as shown on that
oertain Pinal subdivision Plan for the "Pickinson College Social
Space" dated May 5, 1994, prepared for the Trustees of Pickinson
College by Statler-Brehm Associates, Inc" as more particularly
bounded and described as tallows, to witl
Beginning at the northwestern corner of the intersection of
Cherry Street and Weat High Streetl thence along the
northern right -of -way line of West High St reet North 83
degrees 55 minutes 00 seconds West 1,539,00 feetl thence
along the same South 86 degrees 35 minutes 00 seconds West
406,00 feet to a point at the northeastern corner of the
intersection of Orange Street and Wsst High Streetl thence
by a curve to the right having a radius of 70,00 feet, an
arc length of 39,96 feet and a chord bearing and distance of
North 68 degrees 54 minutes 08 seconds West 38,85 feetl
thence along Orange Street North 49 minutes 25 minutes 00
seconds West 22,00 feot to the southern right-af-way line of
Conrail, thence alnng 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-of-way line of Conrail, South 88 degrees
05 minuteR 00 seconds East 385,00 feet I 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 533,08 feetl thence North
75 degrees 07 minutes 11 seconds East 136.24 feetr thence by
a curve to the left having a radius of 5,302.71 feet, an arc
l~ngth of 391,23 feet and a chord bearing and distance of
North 73 degrees 00 minutes 22 seconds East 391,14 feet to a
pointr thence continuing along the southern right-of-way
line of Conrail South 19 degrees 06 minutes 27 seconds East
4,84 feetr I hence along the same North 70 degrees 20 minutes
07 seconds Enst 380,37 feet to a point at the southwestern
corner of the intersection of Conrail's right-of-way and
Cherry Streetr thence along the western right-of-way line of
Cherry Street South 05 degrees 33 minutes 00 seconds West
340,69 feet I thence along the same South 05 degrees 20
minutes 00 seconds West 119.78 feet to the point and place
of Beginning,
Containing 6,86 acres or 298,973 square feet,