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HomeMy WebLinkAbout00-04452 ~ ' ~- "'" ~'''~, .'''''"'''''-'-''- """'t....~_,~ij."",-""""'ol!hJ=~..~-~~" '~ - ,~"""""~j,"""."~,,,'--"~~_,'-"_"-'~~J_~L___,_~_~~ " .,~,,_.,",""_,",,"i,,;,_"',,*-~.,__ JllfatU1't uf Ijt1'ttJl 06 - ;YL/~ mJ.])~ .. . THIS AGREEMENT made and concluded tbi........?..~.;r;.g..........day oL......J.h\!1!'i'....................A. D. ;J9;.?..Q.O.,o betw MICHAEL E. GARMAN and PATRICK M. SMITH CO-PARTNERS eenu........__.__._.._..._............._.............u._d...............................................................t............_................................_...._............. .. -', oL..G1;!!I\!?~;r;:J,<3,I}!t..!:;;9.1;!I}ty,....)?~.I}I}!?Y.+.y.i;m.i.i;L.., party of tbe first part (bereinafter called Owner), ,..)^ND...~I~I~M.y.,.?....G.~~!"....~.p.g...AAF.J~X...l;!..,..,GEQ.l?$.~.,..,.1.f'Qif!f1:,:..NQg:l;tl~EN,c::;9@bRUCTJQN party !;tStli~~M.JfWart(beteinafter called) Contractor. '. ,'.. ,," . ,.. ",' ,. "..:~, : .1 WHEREAS, tbe .aid partie. bave by a duly executed Agreement under .eal, bearing even date ' herewith, entered into a written contract for the erection and completion of.....9-....~.w:Q.._.~.t:.9.~y'.h.................. ......r.~.~~~.e..rl.t:.~.Cl.~....cl~.e..~.~.~?9................................_.._................................................,............................................ to be erected on ALL that certain lot or parcel of land in the Township of Middlesex, County of Cumberland and Commonwealth of Pennsylvania, more fully set forth on Exhibit "A" attached hereto and made a part hereof. in which Agreement the Contractor covenanted, promised and agreed tbat no mechanics' - claims or liens . should be entered and filed against the said building or buildingl!J or any part tbereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: Tbat Contractor for and in con.ideration of tbe awarding to him by Owner of .aid contract a. afore.aid, as well as tbe furtber con.ideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknow- ledged, doel!J hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind what.oever .ball be filed again.t tbe .aid building or building. or tbe curtilage or curtilage. appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborerl!J for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereoC, and tbat all .ub-contractors, materialmen, and laborers on .aid work .hall look to and bold Contractor personally liable for all sub-contracts, materlab furnished and work and labor done, 80 that tbere .ball not be any legal or lawful claim of any kind wbatever again.t Ownerfor any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings 8S aforesaid, or under any contracts for extra work, or lor work 8upplementalthereto, or otherwise AND, in order to give tbe Owner full power and autbority to protect bimself and the lot or lots of ground again.t any and all claim. filed by tbe Contractor or anyone acting under or tbrougb him or it in violation of the Coregoing covenant, tbe .aid Contractor Cor bim.elf, tbem.elvel, it.elC, bereby irrevoc- ably autborize. and empower. any Attorney of any Court of Common Pleas of tbe Commonwealtb of Pennsylvania, to appear for hiD4 them, it, or any of them, in any of the said Courts of Common Pleas as Attorney tor him, them or it aDd in hi~ their, its, name, mark l!J8tI8.6OO oE record at the cost and expense of the Contractor or of any Sub..Contractor or Materialman, or Materialmen. any and all claiml!J or claim, lien or liens, 6led by or Eor tbe Contractor, or any Sub..Contractor or Materialman, or in hil!J or their uame again.t .aid building or building.. lot or lot. of ground or .any part tbereof and Cor .ucb act Or act. this .haIl be good and .ufficient warrant and authority, and a reference to tbe Court, Term and Number in wbicb and wbere tbis Agreement .haIl bave been filed .baIl be a .ufficient exbibit of tbe autbority berein contained to warrant such acdon, and the Contractor for himself, themselves, itself, do hereby remil!Je, release and quick-claim all right. and all manner oC error., deCect. and imperfection. whatsoever In entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the .aid parties have here unto .et tbeir band. and .eals dated tbe day and year first above written. s-;--> '- .~ :-~'-"~-- .../ j /' ...u.~~t........... Micha~ E. Garman ~~-~;Co- ~::G~::::':T:7~T::::: Northern Construction Associates "";"-'-""""- -~""'''''''''i'F.~",,-.;;.l. __ ~~ Oltn."u~ "'llIllnll_2_80."" .. ~- . ., .._f_", .--,--- ,~,< " , "'-""";0 ,;;;..~. ,,-~_ >-'<_~_'~__'__""A, '~ ~:... .". ALL that certain lot or parcel of land in the Township of Middlesex, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in a Subdivision Plan prepared by Hartman and Associates, Inc., approved by Middlesex Township and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 77, Page 148 on November 18, 1998, being Lot No.6. .: , ~ !' ii, Ii I: I BEGINNING at a point being the northwest corner of Lot No. 5 on the aforesaid plan and on the eastern dedicated right-of-way line of Hickory town Road (T-572); thence North 47 degrees 38 minutes 02 seconds West, a distance of 342.34 feet along the eastern line of the dedicated right-of-way line of Hickory town Road aforesaid; thence along Lot No. 7 on the aforesaid plan North 42 degrees 21 minutes 58 seconds East, a distance of 145.00 feet to a point; thence continuing along Lot No. 8 on the aforesaid plan North 74 degrees 02 minutes 58 seconds East, a distance of 240.57 feet to a point; thence along Lot No. 9 of the aforesaid plan South 51 degrees 43 minutes 02 seconds East, a distance of 261.65 feet to a point; thence along Lot No. 6 on the aforesaid plan South 42 degrees 21 minutes 58 seconds West, a distance of 156.35 feet to a point; thence continuing along Lot No. 5 on the aforesaid plan South 82 degrees 21 minutes 58 seconds West, a distance of 70.01 feet; thence continuing along Lot No. 5 on the aforesaid plan South 42 degrees 21 minutes 58 seconds West, a distance of 158.37 feet to a point, the place of BEGINNING. rf ~ !' fJ !~ ~ a fi: it ~ H ~ I~ H ~ I' I~ " I', ;" l~ [~ g' ~~ IT BEING the same premises which Pheasant Development ,J Corporation, a Pennsylvania corporation, by deed dated the ~3r~ day of June, 2000 and about to be recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted and conveyed unto Michael E. Garman and Patrick M. Smith, Co- Partners, MORTGAGORS herein. ~ ~ ~ w1 M I. F. ~ " ;~ i1 f i ft , ~ Th it I: I; p , !: ~ , UNDER AND SUBJECT to all restrictions, easements, rights of way and common use areas noted on the aforesaid Plan or of record. CONTAINING 91,146.52 square feet, more or less, or 2.0924 acres, more or less. EXHIBIT "A" il' ,-, ",'>~ '. :...".~""-:.;; r:~ " <~'~.;;. L, ~_. :ii" I.~...'- . k ",,'d -<Q. 1- ~ ~ ....a ....... ~ ::5 ~ ~~p:.. ~ ~ ~ f ~'>' , '..c.,,,..'",..,...,,_.J.....,,k,. '.d ...... 0 I:::> ~ C 0 g; .. ..-< -o'O"J 1= I-n !Em ;;;e n"!= , Xl I'> -om z~ :b(;J (fJ '. ,-.I ()6 ~"-. ..-{- 0 "0 - '. :.::: ;;..1::..:D ~8 ::~: ~C) :~ am 5>c; ~ ~ ::.n 0'> -< l!l