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HomeMy WebLinkAbout99-040281 1 ro 'ass #j - dfops; M 4-b Application No........ ...423 ................. ._ V THIS AGREEMENT Made and concluded this. .29th _ day of ........... ..._.June........ ....... ........ A. D. 19......9.9 between ._..___ _ ROBERT S_G30UDRICH. of.... ...._...._ ....... ...... , party of the first part (hereinafter called Owner), .._MCNAUGHTON HOBS AND ...... .... _ ... .. ....._................, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement muter seal, bearing even date here. with, entered into a written contract for the erection and completion of ............ .......-.......... ............................................................._ . a. single.. fami.ly_dwelling..... ._.... ........_.._ ._._ . ............ ... ...............................-.._._ to be erected on SEE ATTACHED LEGAL r; 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 ($1.110) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is 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 curtilage or curtilages 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 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 under 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 irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Penn- sylvania, 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 dr 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 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 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. , '1 A _ WITNESSES PRESENT: FTPA-63 First American Title Insurance Company Commitment No. 9023 SCHEDULEC ALL THAT CERTAIN piece, parcel or lot of land situate in Upper Allen Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Hastings Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 145; then along said right-of-way line South 88 degrees 34 minutes 05 seconds West, for a distance of 85.00 feet, to a point on the arc of a circle curving to the right, having a radius of 15.00 feet, and an arc length of 23.56 feet, to a point on the Eastern right-of-way line of Canterbury Drive (50.00 feet wide); then along said right-of-way line North 01 degree 25 minutes 55 seconds West, for a distance of 52.32 feet, to a point on the arc of a circle curving to the left, having a radius of 250.00, and an arc length of 63.63 feet, and passing through a 25.00 foot wide drainage easement, to a point in line of other lands now or formerly of The McNaughton Company; then along said lands, and along the centerline of said 25.00 foot wide drainage easement, North 88 degrees 34 minutes 05 seconds East, for a distance of 92.01 feet, to a point at the Northwestern corner of Lot No. 145; then along the Western boundary line of Lot No. 145, and passing through said 25.00 foot wide drainage easement, South 01 degree 25 minutes 55 seconds East, for a distance of 130.00 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land consists of approximately 12,786 square feet of land, and is known and numbered as Lot No. 146 on the Final Subdivision Plan for Canterbury Estates, Phases VII and VIII, which is recorded in Cumberland County in Plan Book 77, Page 100. BEING PART OF THE SAME PREMISES which Francis C. McNaughton, Margaret M. McNaughton and Peter J. Ressler, t/d/b/a Midpenn Estates; Joseph J. Chwastyk and Charlotte P. Cramer, granted and conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed which is dated February 14, 1987 and recorded in Cumberland County in Deed Book 32N, Page 593 and Deed Book 33Y, Page 828. PA -3 fi r _ r; _ ? -? i ? ' v ?' ? rii :?