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HomeMy WebLinkAbout01-2749 FX Apr 27 01 01:49p e" ,~;,;' ~ ,'L.; ~ ,~",' ,b,~' '""" ". ,"';'; ~'L. . ~. -"o$;! .' ... , ' ; p.3 l /to. 01- ;z.7yQ J'Vlj.J,) 'I.v-- WAIVEH OF LIENS " .;to" ,~~, of and of ("CVlltraclvr'} 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. 00 - L ,,1 ~ ,', 0'" ", I, ,~ ,. .,,-' '<~' '~;'';';.',c''''.' ;-~ "--J.w~~,\ Apr 27 01 01:'!9p p_'! .... . , 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: >J~~ Il b/J_ J.<=:_ ,) ~(J.tllj~ .s;--()y-o/ (SEAL) ,yY--0I (SEAL) J-o y-O( (SEAL) S-oY-V! (SEAL) " " ~~'.' '~ ,', _, ',I, J.-eC, ,,,[,", .. 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. '1-- " &" . .., ,..L..." ~ "k _ 'd~","--' < ~ i:iQ ""., ," , " \ 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, "~~~-th"J;,'.'ij,'ii"~~it'ili'~~lilll!likii;[!k~"m"l!<<j;,M;~,",il':J,fcl>\"""l"!;,~;G'StW',",l'4"--~,"'~il'",~'j(,~~~jjIi~~iiiI ,~'...- f~ ". - ::::: Uj l..J c " -0 "\ ~,'__'___,~,H (") C "Uri, mfT-.' 7-- :ZEl ~;~ r:::<"'J "" zC >'2 ~ cC,.5 k-F - '1'0" ~ Cl n '~h ::1l: :CCO -<: I -..J ~-1 i--r~fJ' :JAr:n ("', '" ) 1 _ .r~l-! "~f5 ~"'Pl 1.......1 " ,,' b. ::0 -< J;l :::> <Jl 1--' '" u.. '" '-' .(,> ~ ~ ~ I ! oq, '- () g .