HomeMy WebLinkAbout01-1468WAIVER OF LIENS
THIS AGREEMENT, Made and concluded this 5th day of March, 2001, and
between THOMAS C. RIHA and LINDA A. RIItA hereinafter called ("Owner"), and
CARLSON CONSTRUCTION, INC. hereinafter called ("Contractor").
WHEREAS, the said parties have by a duly executed Agreement under seal,
entered into a written contract for the erection, construction and completion of a single
family residence, together with appurtenant facilities, situate at Lot 41 High Meadow
Development, Mehcanicsburg, identified as Cumberland County Tax Parcel Number 13-
28-2430-091 located in Cumberland County, Pennsylvania, being more particularly
bounded and described in Exhibit "A" is attached hereto and made a part hereof
AND the said Contractor hereby declares and warrants that no work of
whatsoever kind or nature has yet been done and that no materials whatsoever have as yet
been furnished by anyone under, toward or in connection with the execution performance
of the aforesaid building agreement
WHEREAS, by the terms of the contract aforesaid the Contractor covenanted,
promised and agreed that no mechanics' liens or claims would be entered and files
against the said building or buildings or any part thereof, or the curtilage or curtligages
appurtenant thereto, either by itself or anyone else for any work labor and materials
supplied in the performance of the said contract, or under any supplemental contract for
extra work, in the erection, construction or completion of the said single family residence
and other companion improvements or any of the curtilages appurenant thereto.
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 dollar ($1.00) to it 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' liens or
claims or other liens or claims of any kind whatsoever shall be filed or maintained against
the said building or buildings or the curtilages appurtenant thereto, by Contractor or by
any subcontractors, material men or laborers for work done or materials furnished under
said contract or by any other party acting through or under it, them or any of them for and
about said building or buildings or any part thereof, or on credit thereof, and that all sub-
contractors material men, and laborers on said work shall look to and hold Contractor
personally liable for all sub-contractors, materials furnished and work and labor done, so
that there shall not be any legal or lawful claim of any kind whatsoever against Owners
for any work done or labor or materials furnished under said Contract for and about the
erection, construction and completion of said building and improvements as aforesaid, or
under any contract for extra work, or for work supplemental thereto, or otherwise.
AND this Agreement waiving the right of liens shall be an independent covenant
and shall operate and be effective as well with respect to the work done and materials
furnished under any supplemental contract for extra work in the erection, construction
and completion of the said building or buildings as to any work and labor done and
material furnished under the contract aforesaid.
AND in order to give the Owner full power and authority to protect itself and the
lot or lots of ground against any and all claims files by the contractor or anyone acting
under or through it or in violation of the foregoing covenant, the said contractor, for
themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any
Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for them, in
any of the said Courts of Common Pleas as Attorney for them, or it and in their or it's
name, to mark satisfied of record any and al claims or claim, lien or liens, filed by or for
the Contractor, or any sub-contractor or material man, or in their or its name against said
building or buildings, lot or lots or ground or any part thereo£ For such act or acts, this
waiver shall be good and sufficient exhibit of the authority herein contained to warrant
such action, and the Contractor, for themselves or itself, does 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.
Witness:
THOMAS C. RIH~ {Owner)
· RIHA (Owner)
Attest:
CARL~0N CONSTRUCTIONS, INC.
(ontractor)
Our No. 01-144
ALL THAT CERTAIN lot or txaet o
Cumberland County, Peunsylvani% sa
July 19, 1996, and last revised Augusl
described as follows:
BEGINNING AT A POINT, on the
above described lot and the southeaste
lines of Lots 44, 42 and 43 the fonow~
to a point 2) North 27 degrees 34 mint
to a point; thence along the southern ]
distances 1) North 36 degrees 50 mini
9~.32 fe~ to a point; thence along the
mmn~es 00 seconds East, 551.29 to a t
18 m/mlt~s 33 seconds ~ast, 10.00 fee
of-way line the follovdng 2 courses l
concrete monument 2) a curve 1o the
BEGrNNING.
CONTAINING an area of 110,876
The above-described lot is under
BEING A PART OF THE SAME PI~
January 4, 1982 and recorded Septernl
/n Deed Book X, Volume 29, Page
GRANTORS herein.
Schedule C
ALTA COMMITMi~T
~0/~0 39~d
,-4 bein~ situated along the east side of Lisburn Road. SR 2017. m Lower Allen Township,
I lot being shown as Lot No. 41 on a Final Subdivision Plan for High Meadow, Phase 4, dated
ZT, 1997, as recorded in Plan Book 75, page 94, said lot being more particularly bounded and
,rdlem right-of-way line of Canyon Creek, said point being the southwestern corner of the
, comer of Lot 44 on the above referenced subdivision plan; thence along the eastern property
~ three (3) courses and distances 1) North 44 degrees 43 minutes 00 seconds West,
~s 57 Weal 422.60 feet to a point 3) North 53 degrees l0 minutes 00 seconds Wesr, 57.64 feet
75,86 feet
:opert3, line of lands of ~'oseph McGrath and James Tyndall the following two 2 courses and
es 00 seconds East, 151,33 feet to a point 2) North 64 degrees 35 minutes 00 seconds West.
~,estern property linc of Lot 40 the following 3 courses and distances 1) South 25 degrees 25
mt 2) South 38 degrees 34 seconds 43 minutes West, 85.67 feet to a point 3) South 27 degrees
o a point on the noxthem righ~-ol:way line of Canyon CYeek; thence following the same right.
~d distances 1) South 62 degrees 41 minutes 27 seconds West 88.07 feet to a point being a
left with a radius of 225.01 and an arc length of 75,76 feet to a point, being the point of
re feet (2.55 acres),
subject m the following easemen~ as shown on the above refexeaeod plan: 1) A slope
MISES which Richard p, Eldredge and 3'oan M. Eldredge. husband and wife by deed dated
ir 9, 1982 in the Office of the Recorder of Deeds m and for Cumberlaud County, Penusylvama
granted and conveyed unto New Penn Motor Express Inc., a Pennsylvania Corporation,
Description of Premises
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