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Home My WebLink About95-04856 . . Inn-e. e("~lce t ,pora. It) n .,. . . flS, ()C . "- ... KINNEY SERVICE CORPORATION Owner IN TilE COURT OF COMMON P1.EAS OF CUMBER1.AND COUNTY. PENNSYI.VANIA and R, B HOBAUGH & SON. INC Contractor No, ~ ") (YlLO I \Q')'(... .. o' . (' , , '" _1'''\ WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS TillS CONTRACTOR'S WAIVER OF LIENS. made this J~ day of September. 1995 between KINNEY SERVICE CORPORATION, with offices at 3543 Simpson Ferry Road, Camp Hill, Pennsylvania ]7011 ("Owner") and R. B, HOBAUGH & SON, INC. ("Contractor") with offices at 98 Herman Avenue 1.emoyne, PA 17043 WITNESSETlI WHEREAS, Owner and Contractor have entered into a Standard Form of Agreement Between Owner and Contractor. dated September ./1., 1995 (the "Contract"), for the installation of electrical revisions as per drawing E-], revision 5 (9-] -95) and drawing E-3, revision 5 (9-1- 95) on the second floor of the Susie Building, the 1979 Annex Building (the "Improvements"), on Owner's ten acre tract, more or less, situate in industrial park property north of Simpson Ferry Road. Hampden Township, Cumberland County, Pennsylvania (the "Property"), which said improved real estate is more particularly bounded and described in Exhibit "A" attached hereto and made part hereof, and WHEREAS, no authorization has yet heen given by Owner to Contractor to commence its work on the Improvements or purchase of material for the same; and WHEREAS, no work has commenced on the I'roperty and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any subcontractor or materialman NOW, TII F.REFORE, Contractor, t(U itself. its successors and assigns and anyone else acting or claiming through or under Contractor. tor and in consideration of the Contract and in considerations mentioned therein. and intending to be legalh' bound hereby. does hereby agree as t()lIows I, R.filals. The recitals set t(,rth abo\C are inwrporated herein by' reterence 2, Subjffl R.a' bIll.. As set t(,rth abuve, th\.' Improvements arc tll IlC crectl>d or , ... 2, Subjrct Real Estate, As set forth above, the Improvements are to be crccted or constructed upon a 10 acre tract, morc or less, being located north of Simpson Ferry Road, Hampden Township, Cumberland County. Pennsylvania, and the Property is more particularly bounded and described in Exhibit "A" aU ached hereto and made part hereof 3, Waiver of Urn. Contractor hercby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to tilc any lien or claim and docs hcreby covenant. promise and agree that no mechanics' licn or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvemcnts or the estate or title ofOwncr in the Propcrty or the curtilage or curtilages appurtenant thereto, by or in thc namc of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under thc Contract or by any other party acting through or under them 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 work shall look to and hold Contractor liable for all subcontracts, materials furnished under the Contract for and about the completion of the Improvements, or under any contract for extra work. or for work supplemental thereto, or otherwise. 4, Independent Covenant, This Contractor's Waiver of Lien waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the completion of the said improvements and as to any work and labor done and materials furnished under the Contract. 5, Public Notice. This Contractor's Waiver of Liens shall be filed in the Cumberland County Prothonotary's Office as public notice hereof IN WITNESS WHEREOF, The parties hereto, intcnding to be legally bound, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. ATTEST Owner KINNEY SERVICE CORP. ",#If!;, / (SEA1.) /~A~a/dy4L ATTEST Contractor R B 1I0BAUGH & SON. INC /~/9//:z;.~ B,C"'-..'..: -,,,J " C~~ ()-- (SEAl.) EXIIIBIT "A" DESCRIPTION OF PROPERTY ALL THAT CERTAIN improved real estate situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point in a southerly line oflands ofThe Pennsylvania Railroad Company at the northeast corner of other lands of Owner (containing 11.68 acres, more or less), a distance of 75 feet southwardly at right angles from said center line of said Railroad Company, known as the Cumberland Valley Branch, Philadelphia Division, said beginning point also at the distance of 968.16 feet bearing North 76 degrees 07 minutes East along the southerly line of the lands of the Railroad company on a line parallel with and distant 75 feet southwardly at right angles from said center line of the Railroad from the center line ofSI. John's Church Road; EXTENDING from said beginning point the following five courses and distances: (I) North 76 degrees 07 minutes East, along the southern line of the Railroad Company on a line parallel and distant 75 feet southwardly at right angles from said center line at the Railroad, 669.53 feet; (2) South 13 degrees 53 minutes East crossing the northerly line of Simpson Ferry Road. 33 feet wide, 650,61 feet to the center line of said Simpson Ferry Road which is coincident with the line dividing the Township of Hampden on the north from the Township of Lower Allen on the south; the following two courses and distances being along said center line of Simpson Ferry Road which is coincident with said Township dividing line: (3) South 76 degrees 07 minutes West 660.24 feet to an angle point; (4) South 80 degrees 30 minutes West 9.32 feet to the southeast corner of other lands of Owner (containing] 1,68 acres, more orless); and (5) North 13 degrees 53 minutes West, along the easterly line of other lands of Owner (containing 11.68 acres, more or less), 650.61 feet to the place of BEGINNING. CONTAINING 10.00 acres. more or less ~ - :lC a- :0 .... ...... - ~- .r ~. ""-; ... ~ J " , '! .' J "R. S o '3f - , . .. ~ . , ~ d: C- o:J ::r 'j ~ rr u 0 j J c)