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Home My WebLink About01-1468 FX """",-~ '~~ w ~~ ,.'--' ,_, L', ~, -,';." .','J "",,'''' '~, '" , "~,~ ~ . --no. OJ ~ J '/& Un,IJJ -j.R- " WAIVER OF LIENS THIS AGREEMENT, Made and concluded this 5th day of March, 2001, and between THOMAS e. RIHA and LINDA A. RIHA hereinafter called ("Owner"), and CARLSON CONSTRUCTION, INe. hereinafter called ("Contractor"). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for the erection, construction and completion of a single family residence, together with appurtenant facilities, situate at Lot 41 High Meadow Development, Mehcanicsburg, identified as Cumberland County Tax Parcel Number 13- 28-2430-091 located in Cumberland County, Pennsylvania, being more particularly bounded and described in Exhibit "A" is attached hereto and made a part hereof. AND the said Contractor hereby declares and warrants that no work of whatsoever kind or nature has yet been done and that no materials whatsoever have as yet been furnished by anyone under, toward or in connection with the execution performance of the aforesaid building agreement. WHEREAS, by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no mechanics' liens or claims would be entered and files against the said building or buildings or any part thereof, or the curtilage or curtligages appurtenant thereto, either by itself or anyone else for any work labor and materials supplied in the performance of the said contract, or under any supplemental contract for extra work, in the erection, construction or completion of the said single family residence and other companion improvements or any of the curtilages appurenant 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 dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' liens or claims or other liens or claims of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilages appurtenant thereto, by Contractor or by any subcontractors, material men or laborers for work done or materials furnished' under said contract or by any other party acting through or under it, them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub- contractors material men, and laborers on said work shall look to and hold Contractor personally liable for all sub-contractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owners for any work done or labor or materials furnished under said Contract for and about the erection, constroction and completion of said building and improvements as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. ~,~- . ., ,. ,-, ".Le, '" ''';'' ,L " ,oj , "". ~ '" ~ - . . ( AND this Agreement waiving the right of liens shall be an independent covenant and shall operate and be effective as well with respect to the 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 material furnished under the contract aforesaid. AND in order to give the Owner full power and authority to protect itself and the lot or lots of ground against any and all claims files by the contractor or anyone acting under or through it or in violation of the foregoing covenant, the said contractor, for themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for them, in any of the said Courts of Common Pleas as Attorney for them, or it and in their or it's name, to mark satisfied of record any and al claims or claim, lien or liens, filed by or for the Contractor, or any sub-contractor or material man, or in their or its name against said building or buildings, lot or lots or ground or any part thereof. For such act or acts, this waiver shall be good and sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for themselves or itself, does 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: ~ -'~e?i THOMAS C. RIHA (Owner) UAl.oJfIf~IfIt~/tYf'~lJI.- LINDA A. RIHA Owner) Attest: ~ BY: ~D~ilijljM~_~~:IIJ''''!Jllt.~-dliHi!i!~~1~oiOOBli''~'l\.m>:i.hl;l;W;\i;fIh;*,*,,1Iil'~~!il!$'a;!i!i'.s..-J ~', '1ilJ.!Il.ll:irJMlMl!M '~''-O$~~tl- Miil:t~ ' ".- "-i'" , (') 0 0 c: -n s:. ::It --..; -ow :t'>' ;;f~'p (!]fl1 :::'0 z:c --jm ZS;: W .:.':5 ~z 0 (/v ...." -:t -r i ~o -". ,-,,:n - '~O Zrn s;;g .r:- 0 ., s;! z ::t ::0 Cl"\ '-< ,~~- ,.-, --~. 2 ..' .. 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't "1 \ Our No, 01-144 ALL THAT CERTAIN lot or tract 0 land being situated along the east side of Lisburn Road, SR 2017, in Lower Allen Township, Ct\lllberland County, Pennsylvania, s lot being shown as Lot No. 41 On a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, lllld last revised August 7, 1997, as recorded in Plan Book 75, page 94, said lot being more particularly bounded and described as follows: BEGINNING AT A POINT, on the rthem right-of-way line of Canyon Creek, said point being the southwestern comer of the above described lot and the southeaste corner of Lot 44 on the above referenced subdivision plan; thence along the eastern property lines of LoIS 44, 42lllld 43 the followi three (3) coUrses lllld distances 1) North 44 degrees 43 minutes 00 seconds West, 57.64 feer to a point 2) North 27 degrees 34 min s 57 West, 422,60 feet to a point 3) North 53 degrees 10 minutes 00 seconds West, 75.86 feet to a point; thence along the southern operty line of lands of Joseph McGrath and James Tyndall the following two 2 courses and distances I) North 36 degrees 50 min es 00 seconds East, 151.33 feet to a point 2) North 64 degrees 35 minures 00 seconds Wesr, 98.32 feet ro a point; thence along the 'estern property line of Lot 40 the following 3 course. and distances I) South 25 degrees 25 minutes 00 seconds Eas!, 551.29 to a p int 2) South 38 degrees 34 seconds 43 minutes West, 85.67 feet to a point 3) South 27 degrees 18 minutes 33 seconds East, 10.00 fee a point on the northern right-or-way line of Canyon Creek; thence following the same right- of-way line the following 2 courses d distances 1) South 62 degrees 41 minutes 27 seconds West 88.07 feet to a point, being a concrete monument 2) a curve to the left with a radius of 225.01 and an arc length of 75.76 feet to a point, being the point of BEGINNING. CONTAINING an area of 110,876 sq re feet (2.55 acres). The above-described lot is under an subject to the following easements as shown on the above referenced plan: I) A slape conservation easement. BEING A PART OF THE SAME PR MlSES which Richard P. Eldredge and Joan M. Eldredge, husband and wife by deed dared January 4, 1982 and recorded Septem r 9, 1982 in tho Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book X, Volume 29, Page ,granted and conveyed unto New Penn Moror Express Inc., a Pennsylvania Cotporation, GRANTORS herein. Schedule C Description of Premises Al'fACOMMlTMIlNT Z:B/"B 39\1d SSd::l 9L 95 "[L 9L1L 8B:S, ,BBZ:/PT/EB