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HomeMy WebLinkAbout03-0732 File No. HAR125-1787 Commitment No. K320474 Date: 02/13/2003 WAIVER OF LIENS THIS AGREEMENT made and concluded on February 13, 2003 between Thomas J. Hanlon and Doris L. Hanlon, husband and wife, party of the first part (hereinafter called Owner), AND McNaughton Homes, 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 consent for the erection, construction and completion of home to be erected on (see legal description attached). WHEREAS by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no mechanics' lien or claims would be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for any work, labor and materials supplied in the performance of the said contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the said building or buildings or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the owner at or before the selling and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or the curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under, them 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 personally 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 building as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be independent convenant 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 erection, construction and completion of the said building or buildings 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 himself and the lot or lots of ground against any and all claims filed 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-Contractor or Materialman, or Materialmen, 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 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 or 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. WITNESSES PRESENT: Thoma~l. H~n ~ ~ / '. ~N~hton~mes} ~ - I (SE~ * WHEN FILING, MUST BE CROSS-INDEXED * File No. HAR125-1787 Commitment No. K320474 Date: 02/13/2003 Legal Description ALL THAT CERTAIN piece parcel or lot of land, together with the improvements, situated in Swatara Township, Dauphin County, Pennsylvania and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of the cul-de-sac on Woodlyn Court (50.00 feet wide), said point being located on the Northwestern boundary line of Lot No. 257; then along said Lot No. 257, North 32 degrees 16 minutes 36 seconds East, and through a 25.00 foot wide drainage easement, for a distance of 156.71 feet, to a point in line of lands now or formerly of George L. and Helen Kennedy; then partially along said lands of Kennedy and partially along lands now or formerly ofWillard W. and Geraldine M. Hopson, and along the Northern line of said 25.00 foot wide drainage easement, South 84 degrees 27 minutes 03 seconds West, for a distance of 182.36 feet, to a point at the Northeastern comer of lands identified as "Pond D"; then along said lands identified as "Pond D", and then along the centerline of a 20.00 foot wide drainage easement, South 24 degrees 21 minutes 00 seconds East, for a distance of 122.48 feet, to a point on the Northern right-of-way line of the cul-de-sac on Woodlyn Court (50.00 feet wide); then along said right-of-way line on the arc of a circle curving to the right, having a radius of 50.00 feet, and an arc length of 49.42 feet, to a point and the place of BEGINNING. CONTAINING therein 13,652 square feet and being Lot 258 on a Final Subdivision Plan of Chatham Glenn - Phase X, recorded in Dauphin County Plan Book R, Volume 7, Page 73, 74 and 75. BEING part of the same premises which Farmers Bank and Trust Company of Hummelstown, Executors of the Last Will and Testament of Marie C. Knapp, conveyed unto Margaret M. McNaughton, by Indenture bearing date the 14th day of February, A.D. 1984, and recorded in the Office for the Recording of Deeds &c., in and for the County of Dauphin, aforesaid, in part of Deed Book 465 page 29, in fee. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. (c) for The Declaration of Covenants and Restrictions which is recorded in the office of the Recorder of Deeds Dauphin County in Record Book 3798 page 021, as may be applicable. BEING COUNTY TAX I.D. NUMBER 63-81-172. * WHEN FILING, MUST BE CROSS-INDEXED *