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HomeMy WebLinkAbout00-02393 ; ,r \ ~~ ~ - ~ ~ ". Stipulations Against Liens THARON P. GILREATH and MARGARET S. GILREATH, husband and wife In the Court of Common Pleas County of Owner CUMBERLAND NAVARRO & SONS, GENERAL CONTRACIORS , Pennsylvania o 0 111'.T'<r\ ~ ^ 0 0 Docket Number cXVL..\.,,-J.393;timu "; tJrm~ 2";'; ::;:; '"'" ".....J ;'" P' " r .sJO,VVf"6 uj,> "L" QJ.J.. 'tit"'-' f2~: ... ),,:,:.~~#:,~ltr~~. -. =-','. - "g; C) -'- .-~:= -=H ~(lt"1l'1Yp 5:'; (,! :'<,' C) CiA. tl.tOiJ'f (~ ~"? ,.''-=c rn 3; S;f (( tJ 9'1<105 '"" en :J:) -< Whereas, NAVARRO & SONS, GENERAL CONTRACTORS ('Contractor") of710 South 2nd Street, Steelton, PA 17113 has entered Into a contract with THARON P. GILREATH and MARGARET S. GILREATH, husband and wife ("Owner") of 224 Redwood Street, Harrisburg, Pa 17109 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of grounqknown as LOT 34, SIMMONS ROAD, MONROE TOWNSHIP, MONROE TOWNSHIP, CUMBERLAND County, PENNSYLVANIA described in Exhibit "A" hereof, of which THARON P. GilREATH and MARGARET S. GilREATH, husband and wife is the title holder of record; and Page Number Contractor Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which Is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, Improvements, lot of ground or any part hereof, or the curtilage or curtllages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. And, In order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot 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 this Instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to Warrant such action, and the Contractor does hereby, remise, release, and quit claim all rights and all manner of errors, defects and Imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: ~ St.ww Cr:>b." n()O T SS2f30".0007J ~ '~ ~,- , J' \ File No. 99-1075A ALL THAT CERTAIN tract ofland situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly identified as follows: BEGINNING at a point on the western right of way line of Simmons Road at the corner of Lot No. 34 and Lot No. 35 on below mentioned subdivision Plan; thence along the Simmons Road South 40 degrees 36 minutes 44 seconds West 262.00 feet to a point at the dividing line between Lot No. 33 and Lot No. 34 on said plan; thence North 49 degrees 15 minutes 57 seconds West 363.50 feet to a point; thence North 40 degrees 44 minutes 03 seconds East 262.00 feet to a point on the dividing line of Lot No. 34 and Lot No. 35 of said plan; thence along said dividing line South 49 degrees 15 minutes 57 seconds East 363.50 feet to a point on the western right of way line of Simmons Road, the point and place of BEGINNING. CONTAINING 2.19 acres. BEING Lot No. 34 on the Final Subdivision Plan for Lisburn Meadows Estates, North, Phase 1, recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77, Page 37, et seq. 224 REDWOOD STREET ALL THOSE CERTAIN five (5) lots and portion of sixty (6th) lot located in Susquehanna Township, Dauphin County, Pennsylvania, as laid out on a plan of lots known as Progress Addition, which plan is recorded in the Recorder's office of Dauphin County, Pennsylvania, in Plan Book "F", Page 9, being Lots 1,2, and 3 of Section C and Lots 10 and 11 and 1.8 feet of Lot 9 on section D on said Plan, more particularly bounded and described as follows, to wit: BEGINNIN at a point on the eastern side of Redwood Street, which point is located one hundred seventy-eight and two-tenths (178.2) feet north of the northern side of Earle Street and at line of land, now or formerly, of John Jacob Schwab, et us: thence northwardly along the eastern side of Redwood Street one hundred one and eight-tenths (101.8) feet to the line dividing Lots 3 and 4, section C on said plan; thence eastwardly along the dividing line between said lots one hundred thirty-five (135) feet to the western side of a ten (10) feet wide alley; thence southwardly along the western side of said alley one hundred one and eight-tenths (101.8) feet to a point at other line of lands, now or formerly, of John Jacob Schwab, et ux; thence westwardly parallel with Earle Street and parallel with the line dividing Lots 9 and 10, Section D on Said one hundred thirty-five (135) feet to a point, the place of BEGINNING. 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