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HomeMy WebLinkAbout01-5538 Application No. THIS AGREEMENT Made and concluded this 13th day of SeptemberA. D. ~jx 2001 between James H. Briggs, Jr. and Naomi-Diane Briggs of AND Bonnie Heights Homes, Inc. , Party of the first part (hereinafter called Owner), party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of a sinqle family dwelling house to beerectedon Lot ~1, 1408 Mountain Rd. Upper Mifflin Township Cumberland County Tax Parcel #44-06-0041-097 in which Agreement the Contractor convenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or c]91m or other lien or claim of any kind whatsoever shall be flied against the said building or buildings or the curtilage or curtilagee appurtenant thereto, by Contractor or by any sub-contracter, materialman or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personaily liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims flied by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contracter or Materialman, or Materiaimen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESS PRESENT: TC~2.z (Rev. 8/86) "LEGAL DESCRIPTION" ALL THAT CERTAIN tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, P.R.L.S. dated December 2, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 69, Page 118. BEGINNING at a pin on western dedicated right of way line of Swartz Road, T-500 at Lot No. 2 on said Plan; thence along Lot No. 2 the following three (3) courses and distances: (1) South 57 degrees 16 minutes 11 seconds West 193.92 feet to a pin; (2) South 00 degrees 47 minutes 06 seconds West 121.95 feet to a point (3) South 72 degrees 40 minutes 56 seconds West 98.37 feet to a point; thence along lands now or formerly of Emory Chronister North 19 degrees 40 minutes 00 seconds West 363.35 feet to a point in southern dedicated right of way line of Chestnut Road, T-383; thence along southern dedicated right of way line of Chestnut Road T-383 by a curve to the left having a radius of 3737.73 feet and an arc distance of 287.11 feet to a point in the intersection of southern dedicated right of way line of Chestnut Road, T-383 and the western dedicated right of way line of Swartz Road, T-500; thence along the western dedicated right of way line of Swartz Road T-500 South 32 degrees 43 minutes 49 seconds East 179.43 feet to a point, the place of BEGINNING. CONTAINING 2.0442 acres and designated as Lot No. 1 on Plan of Freedom Fields. BEING THE SAME PREMISES which Fox & Fox, a Pennsylvania partnership composed of John H. Fox and Harry J. Fox, Jr. by deed dated April 28, 1997 and recorded May 7, 1997 in the Cumberland County Office of the Recorder of Deeds in Deed Book 157, Page 277 granted and conveyed to James H. Briggs, Jr. and Naomi-Dianne Briggs, his wife.