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HomeMy WebLinkAbout04-6392 ..--J:ix..Uate/lime Ut(;-io-l'1!11!14(UlltU) l::i:tJtj ,2004/DEC/15/WED 02:23 PM SETTLEMENT AGENCIES ! ' (J (~M~:R:iOll'::i FAX No. 7179098923 r'.1!l1!l1 P. 001/002 OLI '~39Q fYltj) SUpulations AgainGt Uens Owner' 111 the Court of Common Pleas County.of ' Cumberland , Rodger p, Hendricks and Patricia J. Hendricks . . Pennsylvania Docket Number Term 19 Famielli Construction Inc.. COnlTtKfOr . Page Number Whereas, Farlnelll Construction Inc ('Contractor) has entered into a contract with Rodger P. Hendricks and Patricia J. Hendricks ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING up.on the lot of ground known as l..ot46 Phase V Meadowvlew Estates ,Mechanicsburg, PA 17050, Cumberland County, PENNSYLVANIA described In Exhibit "A" hereof, of which Rodger P. Hendricks and Patrici;! J. Hendricks is the title holder of record; and Whereas, it is the intention of OWner and Contractor'that neither said lot of ground nor the improvemimts erected or to be . erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnls.hed in the said erection or construction, and that the right of anyone to claim any such lien be waived . hereby. . Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid' and the considerations 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 of which is hereby acknowledged, and intending , to be'legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties actillg for, through or under Contractor, that no mechanics' lien or claim or other lien or clqlm of any kind whatsoever snail be filed or maintained against the building, Improvements, lot of ground or any part hereof, or the curtilage or curtllages appurtenant thereto' by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subconlracts, materials furnished and work and labor done. And this agreement waiving the right of lien by anyone, shall be an Independent covenant and shall Qperate and be effective with respect to work done and materials furnished under any supplemental conlract for extra work in the erecllon, 'construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. ' , I I ;, And, ill order to give the Owner full pOWer and authority to protect Owner and the building, Improvements llnd lot of ground, against any and all claims filed by Contractor or anyone acting under' Qr ,through Contiactor in violation of the foregoing covenant, Contractor hereby Irrevocably authorizes and empowers any Attorney of any Court of Common' Pleas , of the Commonwealth of Pennsylvallia to appear for Contractor in any of the said Courts of Common Pleas as attomey for Conlractor and in Contractor's name, mark satisfied of record al the cost and expense of the Contractor, or of any subcontractor' or materialman, any and all claims or claim, liens or lien, filed by or for Ihe Contractor, or any subcontractor or ml;lterialman, or In the name of anyone or more of lIiem against the building, Improvements, lot of ground or any part thereof, al;ld, for such act or. acts, this shall be good and sufficient warrant and authority, and a reference to the Court, , Term and Number In whlcn this instrument shall have been filed shall be a sufficient exhlbll of the authority herein contained to warranl such action, and the Contractor does hereby remise, release, and quit claim ail rights and all manner of errors, defects and imperfections whatsoever in entering such satisfacllon of in anywise touching or concerning the same. ' ' Witness our, himd and seal the day and year aforesaid: Signed and sealed in 'the presence of: &&L 11f;t~y 'JI ' , " COMMITMENT SCHEDULE C File Number: 04-1440KS ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pelillsylvania bounded ,md described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of South View Drive, said point being on the dividing line between Lot Nos. 45 and 46 on the hereinafter mentioned Plan of Lots; thence continuing along the eastern dedicated right-of-way line of South View Drive north 42 degrees 32 minutes 39 seconds east, one hundred thirteen and nine one- hundredths (113 .09) feet to point; thence continuing along same on a curve to the right, having a radius of twelve (12.00) feet, an arc length of eighteen and eighty-five one-hundredths (18.85) feet to a point on the southern dedicated right-of-way line of North Meadow Drive; thence continuing along same south 47 degrees 27 minutes 2 I seconds east one hundred forty-eight (148.00) feet to a point; thence south 42 degrees 32 minutes 39 seconds west one hundred twenty-five and nine one-hundredths (125.09) feet to a point on the dividing line between Lot Nos. 45 and 46 on the hereinafter mentioned Plan of Lots; thence along same north 47 degrees 27 minutes 21 seconds west one hundred sixty (160.00 feet to a point on the eastern dedicated right-of-way line of South View Dlive, the place of BEGINNING. BEING Lot No 46, in Section II-Phase V, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 87, Page 52. Under and Subject Neveliheless, to a fifteen foot utility easement as shown in Section II-Phase V, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 87, Page e52. , Further Under and Subject Nevertheless to the Declaration of'Restrictive Covenants dated 06/26/03 and recorded on 07/03/03 in the Cumberland County Recorders of Deeds Office in Misc. Book 698, Page 4918. BEING the same premises which Cindy 1. Arnold-Steele formerly Cindy Arnold and Mark A. Knaub, a General Partnership, by Deed dated 12/06/04 and recorded 12/08/04 in Cumberland County Record Book 266, Page 3124, granted and conveyed unto Rodger P. Hendricks and Patricia J. Hendricks, in fee. 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