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HomeMy WebLinkAbout14-6823 PENNSYLVANIA Form K Waiver of Liens (Commonwealth of Pennsylvania 49 PA. CONS. STAT. § 1402 t-6 CON..(RACI O`'R'S WAIVER OF LIENS TO BE INDEXED AGAINST:[adGV�iV lM ontractor) C, C AS PLAINTIFF FOR INDEX PURPOSES •:' V, r1a CD (Owner) AS DEFENDANT FOR INDEX PURPOSES , AND (Tenant) . AS DEFENDANT FOR INDEX PURPOSES AND _ (Contractor) .. I AS PLAINTIFF FOR INDEX PURPOSES V. .,.........................................__........_._..........._............................_..........._..............._........_..__.............. (Owner) AS DEFENDANT FOR INDEX PURPOSES AND _(Tenant) AS DEFENDANT FOR INDEX PURPOSES [NOTE: COMPLETING TI IIS PAGE WILL FACILI I-AI E INDEXING BY PRO I I{ONO IARY] uLra...r+e 2...sepro4 3/3 .� PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued — Page 2 49 PA. CONS. STAT. § 1402 WHEREAS, 1-11 4 UIIAq`WU'�W("Owl-ier') ias er7tered into a certain construction agreernent described on Exhibit "A° hereto (the "Contract")with VA . .. �(.�. 1,I... -2M.... Co;�tract.or"}, to provide materials and perform labor necessary for the construction of cert ir? irrrprovernents (the " p�ernents") as described on Exhibit "A" here- to on the property identified on Exhibit "A" hereto and further described on Exhibit "f3° hereto (the "Property„); and WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW, 'THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agrees with Owner and all subsequent owners of the Property as follows: Contractor, for itself and anyone else acting through or under Contractor, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens or notice of intention to file any lien has been or shall be filed or maintained by Contractor or anyone else acting ti rrough or under Contractor, against the Improvements or the Property for or on account of any work done or materials furnished under the Contract and/or by or through Contractor. Contractor for itselfand anyone else acting or clainning through or under Contractor, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien or notice of intention to file such lien. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work done and materials subsequently furnished under any supplemental contract or contracts for extra, different or subsequent work and/or materials, although the covenant might not be referred to therein., and to work and labor to be done or materials to be furnished under the Contract. Contractor, any subcontractor and any other person who shall have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect and consequential darnages, clairns, costs, expenses acid other losses resulting in any way frorn the filing of any claim or lien, and shall pay or cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having dis- hcnarged or attempting to have discharged the claire or lien, including attorneys' fees, costs at d oter disbursements. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. The provisions of this Waiver of Liens are severable. Any provision of this Waiver of Liens which shall be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall nev- ertheless remain in full force and effect. GL1v1_Rev2_Sept04 PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued — Page 3 49 PA. CONS. STAT: § 1402 i4. Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this ��day of AOtiern)arr, 20 ty CONTRACTOR By: .. � Name: .........:......_fr. .[°r............_. . ......... ._ N1�— ............................._........ Add owner .Address: .....,��/J'�............-?-�.�.e......� �7r _.............._ ........._!............... J/9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Lom&r-JoA On this, the 16—day of N1 0 V204., before rne, a Notar Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared.._� 5--1...._...._(t) ���U. �.........-_............ 0 W o acknowledged Ihirnselflherself to be the dLJrLe�' of 1 V1S;,+t)vy. H a,meS LL. - and that he(she) as such Officer, being authorized to do so, executed f.he foregoing instrument for the purposes therein contained, by signing tt e narne of the corporation by himself/herself as such. IN.WITNESS WHEREOF, I hereunto set my hand official seal. COMMONWEALTH OF PENNSYL NIA NOTARIAL SEAL PAMELA ANN SWITALSKI,Notary Public Boro of Shippensburg,Cumberland County Q � My Commission Expires March 24,2098 Notary Public (Notarial Seal) My Commission Expires: GL M_n.3V2_s:f:.a4 a:\DeniseMdws\DeedForLot#8(Briarcliff/DeniseMdwsDisk/jsg) • f I� 0 � / T P; :.r. V ?, z'EDLER ( OF Df ED 00T 26 01 TAX PARCEL NO. 08-12-0336-074 I i DEED I � MADE the day of 2005, between HARRY H. FOrX JR. and ANN G.FOX, hus and and wife,parties of the first part,hereinafter called Grantors, -AND- KEITH B. SWEITZER and LINDA M. SWEITZER, husband and wife, parties of the second part,hereinafter called Grantees. WITNESSETH, that in consideration of SDCTY-NINE THOUSAND NINE HUNDRED DOLLARS ($69,900.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, their heirs and assigns, ALL THAT CERTAIN tract of land,situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows,to wit: BEGINNING at a steel pin set in the center of Pine Road (S.R.3006), at the common point of adjoiner of Lots #7 and #8 with said centerline; thence departing from the centerline of Pine Road, and extending along Lot #7, South nineteen(19) degrees fifty-eight(58) minutes forty-five (45) seconds West,through a steel pin set on the southernmost legal right-of-way line a distance of sixteen and seventy-six hundredths (16.76)feet from the origin of this call, for a total distance of five hundred twelve and fourteen hundredths (512.14) feet to a steel pin at Lot #16; thence extending along Lot#16,North sixty-eight(68)degrees seven(07)minutes five(05)seconds West, for a distance of one hundred sixty-five and sixty-one hundredths (165.61) feet to a steel pin at a fifty (50)foot wide private right-of-way that is an extension of Lot #15; thence extending along said Lot #15 the following five courses and distances: North sixteen (16) degrees sixteen (16)minutes eighteen(18)seconds East,for a distance of four hundred five and eighty hundredths (405.80) feet to a steel pin, thence by a curve to the right having a radius of one hundred seventy-five (175.00) feet, a chord of SCMACK& twenty-three and six hundredths (23.06) feet on a bearing North twenty IMSW e t (20) degrees two (02)minutes fifty-nine(59)seconds East,for an arc length of twenty-three and eight hundredths (23.08) feet to a steel pin; thence continuing along said private right-of-way, North twenty-three (23) BOOK 271 PAcP3,054 10/23/2014 2-06•31 PM ri MA=01 nnin rni IK17V n II degrees forty-nine (49) minutes forty (40) seconds East, for a distance of thirty-four and ninety hundredths (34.90) feet to a steel pin; thence continuing by an arc or curve to the right having a radius of forty(40)feet, a chord length of fifty-four and fifty-two hundredths (54.52) feet on a bearing North sixty-six (66) degrees forty-seven (47) minutes three (03) seconds East, for an arc length of fifty-nine and ninety-eight hundredths (59.98) feet to a steel pin set on the southernmost legal right-of-way line of Pine Road; thence extending in and through the cartway of Pine Road, North twenty-three (23) degrees forty-nine(49) minutes forty (40) seconds East, for a distance of sixteen and fifty-two hundredths (16.52) feet to a steel pin set in the center of the cartway of Pine Road;thence extending in and through the center of said Pine Road, South sixty-six (66) degrees ten (10) minutes twenty(20)seconds East,for a distance of one hundred forty- eight and eighty-eight hundredths (148.88) feet to a steel pin in said centerline at Lot#7,said pin marking the place of BEGINNING. CONTAINING 2.062 acres to the right-of-way line, or 2.119 acres to the property line,being designated as Lot #8 all in accordance with a plan of subdivision of Denise Meadows, prepared for Harry H. Fox Jr.,by Shelly & Witter, Inc., P.L.S., dated August 2002, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 86, at page 56, and being known and municipally numbered as 982 Pine Road,Carlisle,Pennsylvania 17013. UNDER AND SUBJECT,NEVERTHELESS,to all notes and data set forth in the Plan of subdivision above noted, as well as Protective Covenants, Restrictions, and Reservations of Denise Meadows, recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Miscellaneous Book 692,at page 3224. FURTHER UNDER AND SUBJECT, NEVERTHELESS, to the requirement that the individual property owners shall be responsible for the stormwater detention basis and/or drainage easements located on their respective lots in accordance with the requirements of Dickinson Township. The Township reserves the right to enter said stormwater detention basin and/or drainage easements to maintain said stormwater measures if the owners fail to do so. Furthermore, the Township reserves the right to enter all easement areas to inspect the stormwater facilities. If any have been eliminated, altered or improperly maintained, the owner shall be advised of the corrective action. if such action is not taken by the _W owner, the Township may cause the work to be done and alien for costs may be placed against the property in accordance with the municipal lien law. BOOK 2.` 1 °:IGE3955 1N93/9niA 94 r,.,Al PhA f I IRADC01 AKIn f`nI IKITV COMMITMENT FOR TITLE INSURANCE SCHEDULE A (continued) File No.SWEITZERK11/14 Commitment No.2037 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land,situate in the Township of Dickinson, County of Cumberland,and Commonwealth of Pennsylvania, being more particularly bounded and described as follows,to wit: BEGINNING at a steel pin set in the center of Pine Road(S.R.3006),at the common point of adjoiner of Lots #7 and #8 with said centerline; thence departing from the centerline of Pine Road, and extending along Lot #7, South nineteen(19)degrees fifty-eight(58)minutes forty-five (45)seconds West,through a steel pin set on the southernmost legal right-of-way line a distance of sixteen and seventy-six hundredths(16.76)feet from the origin of this call, for a total distance of five hundred twelve and fourteen hundredths (512.14) feet to a steel pin at Lot #16; thence extending along Lot#16,North sixty-eight(68)degrees seven(07)minutes five(05)seconds West, for a distance of one hundred sixty-five and sixty-one hundredths (165.61)feet to a steel pin at a fifty(50)foot wide private right-of-way that is an extension of Lot #15; thence extending along said Lot #15 the following five courses and distances: North sixteen (16) degrees sixteen (16)minutes eighteen(18)seconds East,for a distance of four hundred five and eighty hundredths (405.80)feet to a steel pin;thence by a curve to the right having a radius of one hundred seventy-five (175.00)feet,a chord of twenty-three and six hundredths (23.06) feet on a bearing North twenty (20) degrees two(02)minutes fifty-nine(59)seconds East,for an arc length of twenty-three and eight hundredths (23.08) feet to a steel pin, thence continuing along said private right-of-way, North twenty-three (23) degrees forty-nine (49) minutes forty (40) seconds East, for a distance of thirty-four and ninety hundredths (34.90) feet to a steel pin; thence continuing by an arc or curve to the right having a radius of forty(40)feet, a chord length of fifty-four and fifty-two hundredths (54.52) feet on a bearing North sixty-six (66) degrees forty-seven (47) minutes three (03) seconds East, for an arc length of fifty-nine and .ninety-eight hundredths (59.98)feet to a steel pin set on the southernmost legal right-of-'way line of Pine Road; thence extending in and through the cartway of Pine Road, North twenty-three(23)degrees forty-nine(49)minutes forty(40)seconds East, for a distance of sixteen and fifty-two hundredths (16.52) feet to a steel pin set in the center of the cartway of Pine Road;thence extending in and through the center of said Pine Road,South sixty-six(66) degrees ten (10)minutes twenty(20)seconds East,for a distance of one hundred forty- eight and eighty-eight hundredths (148.88) feet to a steel pin in said centerline at Lot#7,said pin marking the place of BEGINNING. Schedule A—Page 2 of 2 c X h I D 14 File M SWEITZERK11/14-I&M REAL ESTATE SERVICES,LLC Q ALTA Commitment(6-17-06)-TIRBOP&STG modifications(4-1-07) F—stevWc-wt tMe guaranty company Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA MSF members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. It