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HomeMy WebLinkAbout03-0922Form 255 Application No.A.-t O.-2--4+?- ............. THIS AGREEMENT Made and concluded this ........... 2-7--t--h .......... day of.----Fe.be-u.a.~,.y .................. A. D. 19 ......... '2003 between ............ A-LAN----R--,-----GR-E EN B-L- -~-~--T.--/%N-D----C---I-tR.-IS T-tN E ......... N-----G-R. EEN t3To-iYP~ ................................................... of ................................................................................................................................................ , party of the first part (hereinafter ~alled Owner), AND ..................................................... .T. I4-E.---t~I~. -1~I A-UGSrI--T4.3N.--.-C--OM-P.A NY ......................................................................................................................... party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date here- with, entered into a written contract for the erection and completion of .............................................................................................. ............. S-'Iq~-~'E'---'F'i~ N'I-t~ Y-""D'WEt~'5"I'NC .......................................................................................................................................................................... to be erected on SEE ATTACItED LEGAL NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the a~varding 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 claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen 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 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 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 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 Penn- sylvania, 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 6r 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 a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himsdf, themselves, itself, do hereby remise, rdease 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. ~'~':~::: ~~ ~J ~ ~ . . WITNESSES PRESENT: ............................... /AJSAN R/~ GREENB[~.ATT / /.~ ~ ~ ,/ ~/ ,' ~ ~/ ' , .,. CHRISTINE N. GREENBLATT CNAUGHTON- B~rI L~ER Commitment Number: A102-447 First American Title Insurance Co. SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL that ccrtain picce, parccI or lot of land, together with improveme, nts, situatcd in Hampden Township, Cumbcrland Coun[y, Pennsylvania, and bounded and described as follows: BEGINNING at a point on file Western fight-of-way line of Barbara Drive (50.00 ti:ct wide), said point b~ing located at the Northeastern corner of Lot No, 293; then along the Northern boundary line of Lot No. 293, South 56 dcgrees 46 minutcs 43 seconds West, for a distance of 144.10 feet, to a point in llne ora PenaDOT right-of-way t'ence along Route 581; then dong said line, North 33 degrees 35 minutes 22 seconds Wcst, for a distance of 100.00 feet, to a point at the Southwestern corner of Lot No. 295; then along the Southern boundary line of Lot No. 295, North 56 degrees 46 minutes 43 s~onds East, for a distance of 144.74 feet, to a point on the Western right-of-way line of Barbara Drive (50.00 feet wide); then along said right-of-way linc South 33 degrees 13 minutes 17 seconds East, for a distance of 100.00 feet, to a point and the place of BEGINNINQ. This piece, parcel or lot of land contains approxlmatcly 14,441.74 square f~et of land, has an address of 506 Barbara Drive, Mechanicsburg, Pezmsylvania 17050, and is known ~d numbered as Lot No. 9.94 on the Final Subdivision Plan for Good Ilope Farms South - Phase VI, which is recorded in Cumberland County in Plan Book 83, Page 50. BEING A PART of the same premises which Thomas W. Gaughcn, d/b/a/TWG Real Estate Management Services, conveyed to The McNaughton Company, a PcnnsylYania Corporation, by deed dated October :5, 1994 and recorded in Cumberland County in Record Book 112, Page 1058. ALTA Commitment Schedule C (A102-447 GREENBLATT.PFD/A102-447 GREENBLAT/2)