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HomeMy WebLinkAbout03-4083 IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street, Carlisle, Pennsylvania 17013 -3222 THIS AGREEMENT, made and entered into this day of August, 2003 by and between DICKINSON ESTATES, A Pennsylvania Partnership, of 1545 Holly Pike. Carlisle, Pennsylvania, 17013 parties of the first part (hereinafter called Owner), AND ROGELE, Inc., a Pennsylvania Business Corporation, with its principal offices located at 1025 South 21st Street. Harrsiburg, Pennsylvania, 17105, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated 2003, for construction and improvements to property located at Section No. 3 of the Indian Hi~ls Subdivison, South Middleton Township, Cumberland County, Pennsylvania. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing 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 or maintained 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 t'umished under said contract or by any other party acting through or under them or any of them lbr and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, matcrialmen, 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 contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. 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 Pennsylvania, to appear for him. them, it, or any of them, in any of the said Courts of Common Pleas as Attorney ibr 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 Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, 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 actiom and the Contractor for himsel[ 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 any- wise touching or concerning the same. 1N WITNESS WilEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written.  T: ATTEST: DICKINSON ESTATES ~~ ~4 ~SEAL,) DONALD A. GROUP, PARTNER By: ROGELE, INC. Dennis D. McClure, Vice-President 2 All that certain tract of land, with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point in the centerline of Pennsylvania Route 34 on the line of land now or formerly of George H. S~aright; thence along the centerline of the said Pa. Rt. No. 34 in a northern direction by a curve to the right, a distance of 1,752.35 feet, more or less, to a point in the centerline of Township Road No. T-514; thence along the latter, South 46 degrees 43 minutes East, a distance of 520.98 feet to a point on the line of land now or formerly of Midway PentecostaI Church; thence along the latter, the following courses and distances: (1) South 24 degrees 24 minutes West, a distance of 262.40 feet to an iron pin; (2) South 47 degrees 28 minutes East, a distance of 200.35 feet to an iron pin; and (3) North 24 degrees 26 minutes East, a distance of 263.07 feet to a point in the centerline of the said T-514; thence along the latter the following courses and distances: (1) South 48 degrees 06 minutes East, a distance of 365.12 feet to a point; (2) South 45 degrees 36 minutes East, a distance of 60.55 feet to a point; (3) South 37 degrees 23 minutes East, a distance of 47165 feet to a point; (4) South 32 degrees 08 minutes East, a distance of 68.55 feet to a point; and (5) South 30 degrees 55 minutes East, a distance of I01.40 feet to a point on the line of land now or formerly of N. Lee Stamm; thence along the latter. South 25 degrees 46 minutes West, a d/stance of 1,046.54 feet to a stake; thence along the same; South 25 degrees 15 minutes West, a distance of I21.00 feet to a point on the line of land now or formerly of F. Naug]e; thence along the latter and land now or for- merly of George H. Seafight, South 73 degrees 45 minutes West, a distance of 856.50 feet to an iron pin; thence continuing along said lands of Searight, South 73 degrees 25 minutes West, a distance of 345.00 feet to a point in the centerline of Pennsylvania Route No. 34, the place of beginning. Containing approximately 43.28 acres, more or less. Less, however, the following three tracts of land: (A) A tract of land containing approximately 4.31 acres according to a survey by Stephen G. Fisher, R.S., dated May 2, 1977. (B) A tract of land containing approximately 3.85 acres according to a survey by Stephen G. Fisher, RS., dated May 2, 1977. (C) A tract of land containing approximately 3.138 acres according to a survey by Stephen 13. Fisher, R~S., dated May 2, 1977. Leaving a remaining land size of approximately 31.98 acres.