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HomeMy WebLinkAbout05-1683 Wa.\ "'U- o~ L, {(\~ ;)OO,:)-lL~3 /YlLO l.UII' Office" SALZMANN HUGHES. PC 95 _,1/e::rollder Spring Road. Suite 3. Carlisle. Penllsyl1'all;a /7013-3222 THIS AGREEMENT, maue ano entered into this 30th day of Mmch, 2U05 hy and hetween RANDALL A. WRIGHT AND DONNA JK WRIGHT, husband and wife, of 102 B Forbes Avem ,Carlisle. Pcnnsylvani<:L 17013 parties of the liTst part (hcrcinalkr callcd Owner), AND RIDGEVIE'" CUSTOM HOMES, LLC, 11 PcnnsylnlOia limited liability company, with its prine pal otfices located at 945 Ridge Road. ShippcnshuTg, P/\ 17257, part~: of the scconu part (hercinalkr calleu Contractor). WHEREAS, the said parties have hv [j duly c:\cclltcd written construction agreements under seal, hoth 30, 2005, for constmclion and improvements to property located at Lot #74 of Indian Hills Suhdivison. Soutl "l'O\\llShip, Cumberland County, I)ennsylvania ted March Middleton NOW THIS AGREEMENT WITNESSETH: That the Contractor lix and in consid~ration of t lC contract aforesaid and the consid~ration mention~u thereunder, as well as the further consid~ration of One ($1 .elf)) Dollar to im in hand paid by the 0\\11er al or before th~ scaling and deliv~ry or these pres~nls, th~ rec~ipt "hereor is hereby acknowl dged, do~s h~r~b~' covenant, promise and ag:r~~ that no mechanics' lien or claim or oth~r licn or claim or any kind whatsoever s all b~ likd or maintain~d agmnst the said building or buildings or the curtilage or cLlrtilages appurknant thereto, by Contract r or by any sub-contractor, matcrialm~n or lahorers fix \\ork done or materials furnished under said contract or b'\.' any other arty acting through or under them or an\' of them ror and ahout said huihling or buildings or any part thereot~ or 011 crcuit ther )C and that all sub-contractors. makrialmen, and laborers on said work shall look to and hold Contractor personally liable or all sub- contracts, mat~rials fUI1lish~d and \vork and labor donc, so that th~r~ sha11 not be any kgnl or Imv1"ul claim f any kind whakver against Owner for any work donc or labor or materials fumished under s;:ud contract tor and about t e erectIOn, construction and completion of said buildings as atoresaid. or under any contract for e'\tra work, or work suppkme tnl thereto. or otherwise. AND this Agr~em~nt waiving the right of lien shull he an illllcp~llllcnt covenant and shall op~rate and he dTcctive as w~11 with respect to work done and materials Cumished und~r any supplemcntal contract fix e'\tra work in t e erection. construction and completion or said huilding or buildings as to an)' \vork and lahor done and materials rumishe llld~r th~ conlnlct aloresaid. AND, in ord~r to give the Own~r rull power aud authority to prokct I11111SC]1' and the lot or lots or ground ,against an~' and all claims filed hy the Contractor or anyone acting undcr or through him or it in violation or th~ foregoing c venallt, the said Contractor for himsdr themselvcs, ilSdr hcrehy irn:vocahly authori1.es and empowers an~' Attomey of a y Court of COHlmon Picas or the Commonwealth or Pennsylvania, to appeur ror him, th~nL iL or any o1'thcm, ill an~' or th~ sa d COllrts of Common Pleas as Attolll(;Y lix hillL them or it anJ in his, their, its, name. mark satisliell or r~cord at the cost am e'\pcnsc or the Contractor or oj' any Sub-Contractor or Materialman, or Materiallll(;ll, any and all claims or claim, li~n or li~n. I1kd hy or lix the Contractor, or any- Suh-Contractor or Materialman, or ill his or th~ir llame against said huilding or buildino'. lot or lots ..... , of ground or any pari thereof and for such act or acts this shall he good and sutlicicnt warrant and authority, and 11 re fence to the Court, Tenll and Number in \vhich anu where this Agreement shall have been f1kd shull he a sutIicicnt e:xhi it of t1le Authority herein contained to warrant such actioll, and the Contractor tOT himsdL themselves, itself do hereby remis, release and quit-cbim all rights and aJlmanner of errors. u...::fcdS and imperfections whatsoever in entering such satisll.H:tion r in any- \vise tOlLching or conceming the S<:llUC. IN WITNESS WHEREOF. the said parties h,lve hereunto ~t their hands and seals dated the day and. car tIrst ahove \\Tittell. WITNESSES PRESENT: t?d:!/{;R0!r~ ( EAL) "O'wner" lJ~~K vLtIl DONNA K WRIGH (, EALl "Owner" ATTEST: RIDGEVIEW CUSTOM HOMES, LLC u/~ (SAL) HERBERT G. WEAVER, MEMBER "Contractur" 2 SCHEDULE C LEGAL DESCRIPTION Commitment Number: 5100-226 File Nu er: 5100-226 ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pen sylvania, Lot No, 74 on the Final Subdivision Plan of Indian Hills.Section No, 3, recorded in the Office of the Rec der of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 86, Page 126, the same being numb red as more particularly described as follows: BEGINNING at a point on the southern right of way line of Evergreen Drive (a 50 feet wide right way) at the dividing line of Lot No, 74 and Lot No. 73 of the aforementioned Plan; thence along said dividing I ne South 01 degrees 02 minutes 00 seconds West a distance of 150.00 feet to a point; thence along the Lot o. 74 of the aforementioned Plan, North 88 degrees 58 minutes 00 seconds West a distance of 121.13 feet to a oint; thence along the northern right of way of Chestnut Drive (a 50 foot wide right of way); thence along said lar ds North 05 degrees 56 minutes 44 seconds East 136,79 feet to a point; thence by a curve to the right havin a radius of 15,00 feet. an arc length of 22.28 feet with a chord bearing Nor1h 48 degrees 29 minutes 22 second East 20.28 feet to a point; thence along Lot No. 74 South 88 degrees 58 minutes 00 seconds East 94.47 feet, t point and place of BEGINNING. 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