HomeMy WebLinkAbout01-2749 FX
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WAIVEH OF LIENS
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THE DACI<GROUNO 01 this Agreement is as follows:
A. By a duly execuled wriHen agreemelll bearing evell dale herewilh {lhe "Cuntracl"}
Owner and Contractor have contracled for Ihe ereclion, conslruclion and cOIll~Jlelian of
fA. d lMk/ J ~ lAD... ~~ (Ihe "hnprovelrlenls")
to be erected on r estate described 111 Exlllblt "A" allached (the "Propeliy''j.
B. By Ihe terms of the Contract, Contractor has covenanted, promised and agreed that
" no mechanics' or maleria/smell's lien or dairns would be filed or mainlained in the Property
or any parllhereof, or the curtilage or curtilages appurtenantlhereto, either by himself or
anyone else lor or on accollnl of any worl~, labor or malerials supplied in the performance
of Ihe Contract, or under any sllpplemental completion or lor extra work, in Ihe erection,
construction or completion of the Improvemenls on (he Property or any ollhe curlilages
appurtenanl Ihereto,
NOW TIllS AGREEMENT WITNESSETH:
1. The Contraclor, 101' himself and anyone else acling or claiming through or under him,
for and in consideration ollhe Contract and the considerations menlioned lherein, and
lnlendlhg to be legally bound hereby, does hereby waive and relinqUish all righllo Iile a
mechanics' lien, claim or notice of inlenlion to lile any lien or claim, and does hereby
covenant, promise and agree lhat no mechanics' lien or claim or other lien or claim 01 any
kind whalsoever shall be filed or maintained againstlhe Improvements or the eslate or tiUe
of Owner in the Property or the curlilage or curlilages appurtenant Iherelo, by or in the
name of Conlraclor or any subcontractor, malerialsmen or laborers for worl( done or
materials lurnished under the Contract or by any other parly acling through or under (hem
or any 01 them for and about Ihe Improvemenls or Ihe Properly or any parI thereof , or on
credillhereor, and thai all subcontraclors, maleriahnell, and laborers on the worl( sl1alllook
10 and hold Conlractor personally liable for all subconlracls, malerials furnished and work
and labor done, so Ulallhere shall nol be any legal or lawlul claim of any kind whatever
against Owner for any work done or labor or malerials fun lislled under Ihe Contract for and
about Ihe erection, construction and completion of the Irllprovemenls, or under any
contract for extra work, or lor work SUPIJlernenlallherelo, or otherwise.
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Apr 27 01 01:'!9p
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, 2, This Agreement waiving Ihe right of lien shall be an independenl covenant and shall
operate and be effeclive as well with respect to work done and materials turnished under
" any supplemental contracl for extra work in the erection, construction and complelion at
the Irriprovemenls as 10 any worJ~ or labor done and malerials furnished under Ihe
Conlract
3. In the event Conlraclor consisls of more Ihan one person, firm or corporation, the
undertakings hereunder of each of such persons, firms or corporations shall be joinl and
several, and the word "Contractor" shall mean all or some or any of them. For purposes
of Ihis Agreement, the singluar shall be deemed 10 include the plural, and Ihe neuter shall
be deemed to include Ihe masculine and feminine, as Ihe mntext may require.
IN WITNESS WHEREOF, Ille said parties have hereunto sel Iheir hands and seals
daled Ihe day and year lirsl above wrillen.
WITNESSES PRESENT:
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(SEAL) J-o y-O(
(SEAL) S-oY-V!
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LEGAL DESCRIPTION
LOT 1A- LOT ADD ON
ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland
County and State of Pennsylvania, bounded and described in accordance with a
certain Subdivision Plan for Richard R. Madison, Jr by Larry V, NeidlingerR-'
registered surveyor and recorded in Cumberland County Plan Book ..3,
page ~JL as follows:
,
BEGINNING at a point at the Southeast corner of lands now or late of Victor
J, Madison North 25 degrees East a distance of 50 feet to a point; thence along
lands now or late of Richard R. Madison, Jr. South 65 degrees East a distance of
209.58 feet to a point a corner of lands now or late of Victor J. Madison South 72
degrees 47 minutes 30 seconds West a distance of 74.42 feet to a point a corner of
lands now or late of Jerry Den Daas; thence along said lands North 65 degrees West
a distance of 154.45 feet to a point the place of BEGINNING.
BEING PART OF THE SAME PREMISES which Victor J, Madison and Shirley
A. Madison by deed dated July 20, 1978 and recorded July 20, 1978 in the
Recorder of Deeds Office in and for Cumberland County in Deed Book X, Volume
27. Page 907 granted and conveyed unto Richard R. Madison Jr, and Vera A.
Madison, husband and wife, their heirs and assigns,
ALSO BEING PART OF THE SAME PREMISES which Victor J. Madison and Shirley
A, Madison by deed dated September 26, 1972 and recorded September 26, 1972 in
the Recorder of Deeds Office in and for Cumberland County, Pa in Deed Book V,
Volume 24, page 279 granted and conveyed unto Richard R. Madison Jr. and Vera
A. Madison, husband and wife, their heirs and assigns.
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LEGAL DESCRIPTION
Lot No.7
ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland
County and State of Pennsylvania being known as Lot No 7 bounded and described
in accordance with a certain Subdivision Plan for Victor J. and Shirley A. Madison
by Larry V. Neidlinger, Registered Surveyor and recorded in Cumberland County
Plan Book :;:'3 , Page 35 as follows:
BEGUNING at a point in the center line of the Pennsylvania Highway Route 34
(SR 0034), thence by the center of said Highway North 25 degrees East a distance of
214 feet to a point in said Highway; thence South 65 degrees East a distance of
205.55 feet to a point at lands now or late of Richard J, Madison, Jr.; thence along
said lands South 25 degrees West a distance of 164,00 feet to a point; thence
continuing South 65 degrees East a distance of 209.58 feet to a point; thence
continuing North 72 degrees 47 minutes 30 seconds East 278.51 feet to a point;
thence North 1 degrees 21 minutes 58 seconds West a distance of251.43 feet to a
point at lands now or late of Sandra L. Abbey; thence along said lands North 83
degrees 17 minutes East a distance of 297.58 feet to a point; thence continuing
North 71 degrees 19 minutes East a distance of 133 feet to a point at a corner of
lands now or late of Victor J. Madision; thence continuing along said lands South 1
degrees 29 minutes 50 seconds West a distance of 695.69 feet to a point at a corner
of wetland area; thence along wetland area South 80 degrees West a distance of 380
feet to a point; thence North 76 degrees 19 minutes 42 seconds West a distance of
184.65 feet to a point; thence South 5 degrees 30 minutes East a distance of 60 feet
to a point at lands now or late of Victor J. Madison; thence along said lands South
84 degrees 30 minutes West a distance of 344 feet to a point; thence continuing
North 62 degrees 33 minutes 28 seconds West a distance of 60.27 feet to a point a
corner of lands now or late of David E. Dick; thence along said lands North 38
degrees 19 minutes 27 seconds East a distance of 173.36 feet to a point; thence
continuing North 25 degrees East a distance of 240 feet to a point a corner of lands
now or late of Jerry Den Daas; thence along said lands North 65 degrees West 360
feet to a point the place of BEGINNING.
CONTAINING 11.3420 Acres
BEING PART OF THE SAME PREMISES which Clyde E. Brenner and Pearl T,
Brenner, his wife, by deed dated January 27, 1965 and recorded in the Recorder of
Deeds Office in and for Cumberland County, Pa in Deed Book M, Volume 21, page
219 granted and conveyed untoVictor J. Madison and Shirley A, Madison, husband
and wife, their heirs and assigns,
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