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HomeMy WebLinkAbout99-03246No, 4G- 3a4kp ml.n Waturr of Etna THIS AGREEMENT made and concluded thin ......26th.......... day of............ MdY ....................A. D. 1q9.9....... between .....FRED...R? ...a.n.d.,LINAA.... ...... DONOVAN...... busb and...and.... ife... of.... Cumberland,. Cqunty,.,,,,,PennsylyApia...., party of the first part (hereinafter called Owner), AND..... NORTHERN„ C'ONS'TRUCTION., ASSOCIATES .......................................................................................... party of the second part (hereinafter called) Contractor. WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of..... 3.,,tWO ... .... ory,,,,,,,,,,,,,,,,,,„-, ... st residential dwelling .............. .... ............ to be erected on ALL that certain tract of land, situate in the Township of Hampden, Cumberland County, Pennsylvania, known as Lot No. 6 on the Subdivision Plan of Greenwood Estates, more fully set forth on Exhibit "A" attached hereto and made a part hereof. in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claime or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding 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 theme presents, the receipt whereof is hereby acknow- ledged, 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 tinder 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 tinder 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 irrevoc. ably 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 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 or Materialmen, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialmon, 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 himself, themselves, itself, do hereby remise, release and quick-claim all rights and all manner of errora, defects and Imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the maid parties have hereunto set their hands and seals dated the day and year first above written. , WJ7NES5 S L ?Y!! ?? Tf^... ....fir... ?....?on viii, dr ............. ........ etc ? Linda G. ? ?D ovan NORTHERN CONSTRUCTION ASSOCIATES ..................V ................................ L............................... ByXDf,3Cy YXXXXHX0(XXCGXXXXRXXi X%X By I icha .. an .L.............................., Michael E. Garman, Partner ALL that certain tract of land, situate in the Township of Hampden, Cumberland County, Pennsylvania, known as Lot No. 6 on the Subdivision Plan of Greenwood Estates recorded in the Office of the Recorder of Deeds of Cumb 1 d C er an ounty in Plan book 76, Page 128, more particularly bounded and described as follows, to wit: BEGINNING at a point along the curve of the cul-de-sac of Greenwood Circle proposed at proposed concrete monument, being the Northeast corner of Lot No. 5 on the aforesaid Plan; thence continuing along the cul-de-sac curve of Greenwood Circle proposed a length of 90.96 feet of a radius with 60 feet to a point; thence continuing along the curve of Greenwood Circle with length of 15.12 feet and a radius of 15 feet to a point along the South line of Greenwood Circle proposed; thence South 87 degrees 16 minutes 33 seconds East a distance of 27.52 feet to a point being the Northwest corner of Lot No. 7 on the aforesaid Plan; thence along Lot No. 7 on the aforesaid Plan South 02 degrees 43 minutes 27 seconds West a distance of 204.110 feet to a point; thence continuing along lands now or formerly of Craig Michael Anzer and Barbara Alder Anzer, North 85 degrees 33 minutes 49 seconds West a distance of 214.96 feet to a point; thence along Lot No. 5 on the aforesaid Plan, North 31 degrees 49 minutes 00 seconds East a distance of 194.84 feet to a point, the place of BEGINNING CONTAINING therein 30,169.57 square feet, more or less, or 0.6926 acre, more or less. IT BEING the same premises which The Good Hope Real Estate Parntership, a Pennsylvania partnership, by deed dated the S day of May, 1999 and about to be recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted and conveyed unto Fred R. Donovan, Jr. and Linda G. Donovan, husband and wife. EXHIBIT "A" V S r n b a. 4 N y Y; r17 dN lJ? J 0 j W 7 u i? 8 CIO 00