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HomeMy WebLinkAbout01-04241~ ~l-y~yl ~'~~~ '° S%l~ V S . L ~ ~~ Application No. HSS#992241 THIS AGREEMENT Made and concluded this ~ 7 day of June A, D. pgc2001 between _ Debbie L. Moore of ,Party of the first part (hereinafter called Owr~er), AND John Fogarty Custom Homes party of the second part (hereinafter called Contra or). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered single family dwelling house into a written contract for the erection and completion of to be eroded on 20 College Hill Rd Lot #2, Final Subdivision Plan of Donald E and Patricia A. Moore East Pennsboro Township Cumberland County, Pennsylvania un which Agreement the Contractor convenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the cartilage or wrtilagea appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract sa aforesaid, ae well as the further consideration of One ($1.00) Dollar to him paid at or before the enaealing and delivery of these presents, the receipt whereof ie 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 cartilage or cartilages 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 creditthereof, 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 ae aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order togive the Owner fullpower and authority to protect himself and the lot orlota of ground against arty and all claims filed by the Contractor or anyone acting under orthreugh him or it in violation of the foregoing wvenant, 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 ae Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the coat 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 hie 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 ouch action, and the Contractor for himself, themselves, itself, do 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. NESS PRESENT: p Debbie L. Mo _, Owner i _ J Lar , enera Manager o ~~/y/ran ,6d~, F art Custom Homes TC-2~ (Rev. a/e6) 4 ,J Q ~~i ~-1 0 z F z 0 ~('.~ V z N U q ~ N I d 3 O z 0 ~ ~ z a ~~ w ] ~ a a F W c U m .~ a r _ : ; _ -, v~ r-~ _ _, ` :_ _. « _ -. - , ~ _.r, c;*. _ .. t* ?4 "LEGAL DESCRIPTION"~ All that certain tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the western line of a 25 foot wide access right-of-way at the dividing line between Lots No. 1 and No. 2 as shown on the hereinafter plan; thence along the western line of said 25 foot wide access right-of-way South 25 degrees 22 minutes 00 seconds West a distance of 63.95 feet to a point; thence along the northern line of lands now or late of Barry L. and Irene M. Swartz North 64 degrees 38 minutes 00 seconds West a distance of 94.48 feet to a point at the dividing line between Lot No. 2 herein described, lands of Swartz aforementioned and lands now or late of Hoffman 5. Wagner; thence along the dividing line between Lot No. 2 and lands now or late of Hoffman S. Wagner North 24 degrees 07 minutes 00 seconds West a distance of 58.01 feet to a point at the dividing line between Lots No. 1 and No. 2; thence along the dividing line between Lots No. 1 and No. 2 North 65 degrees 53 minutes 00 seconds East a distance of 110.00 feet to a point; thence continuing along the same South 24 degrees 07 minutes 00 seconds East a distance of 88.29 feet to a point, said point being the place of Beginning. Containing 11,067.61 square feet or 0.2540 acres. Being Lot No. 2 as shown on the Final Subdivision Plan for Donald E. and Patricia A. Moore. Said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 82, page 90. Being part of the same premises which George F. Moore and Ruth C. Moore, his wife, by their deed dated May 12th, 1967 and recorded May 22nd, 1967 in the Cumberland County Office of the Recorder of Deeds in Deed Book I, Volume 22, page 789, granted and conveyed unto Donald E. Moore and Patricia A. Moore, his wife. Subject to a 25 foot access right of way through Lot No. 2 in favor of Lot No. 1. Subject to an easement agreement as set forth in Misc. Book 382, page 880. r ~ ~ _~. ~ ~C ,S C~ ~ ~ c .~ ~4 ~~ ca ~~ _~ =+= ~~3 /y,~) l ~-'/J ~~. _~ (~ t: _ ~- -- ,. , ~,, = - - ~ ~_ ,~ -~-:.r -_ _. :.- _- <~a _. ~~ P~'1 NhF . ~+, ~. Rw.v4 M .. ~xiv.~.nR3 . ..r;e . _, ~; .. . er....' 1 v n n. `fiR' k ~nO.FE ~uK. i'6 .1 ~~_' ( ~ YY°P~:~° T.k~T`. .~ A§4. ?MRk. . .FL%h.."~3§~ire {V4's!L~Ih ~k~IIfYFZA'~RdA~KN '