HomeMy WebLinkAbout05-3780
Of -.3 "! Po (YJ l..1J ~~
1<0\'11\255
Application No........A.L9.2.:::.5...2 8- S
THIS AGREEMENT Made and concluded this...
22nd July
. day 01.....
2005
....A. D, 19.........,
between.. _
......K.E.N.NE T H JILANDJS..JR .A N.!LDIANEG1ANPJS .
AND....
...., party of the first part (hereinafter called Owner),
THE MCNAUGHTON COMPANY
01....
...-.....................,
party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date here-
with, entered into a written contract for the erection and completion of.m_._
SINGLE FAMILY DWELLING
to be erected on
~ ATTACHED LEGAL
;{/
~4 Canterbury Drive, Mechanicsburg, PA 17055
C< I r.J.--
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the
awarding to him by Owner of said contl1lct as aforesaid, as well as the further consideration of One ($1.00)
Dollar to him paid at or before the ensealing 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 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 furnished under said contract for and about said building or buildings or any part thereof, or on
credit thereof, and that all sub-contractors, materialmen, 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 contracts for extra work, or for work supplemental thereto,
or otherwise
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 Penn-
sylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as
Attorney for 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 dr Materialman, or Materialmen, any and all claims or claim,
lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, 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 action, and the Contractor for himself, themselves, itself, do hereby remise, release
and quit-claim all rights and all manner of errors, defects and imperfections whatsoever m entering such
satisfaction or in anywise touching or concerning the same.
'-
\
p \ \ \
,j \ \ \
~\ \ \
~
= \
\ .. 5 \
ci ~ \ -0 \ \ i
- C) ~ \
z i: .. ~ \ \ \
~ e t ~ \ i \ \
- ... i .. , \
... C) ci '" \ \ \ i
'" c-<\ \ z ~ i
" \ \ ~
?-' c
0 \ --
-6 .- ~
ci ....
~ '" \
z u ...
<+:: .- Po<
- ,
~ Po
p.. Po
0 P ~
Stewart Title
Commitment Number: A105-558-S
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL that certain piece, parcel or lot ofland situate in Upper Allen Township,
Cumberland COllnty, Pennsylvania, and bounded and described as follows:
BEGINNING at a point on the Northern right-of-way line of Canterbury Drive (50.00 feet
wide), said point being located at the Southwestern comer oELot No. 167; then along said
right-of-way line of Canterbury Drive, North 69 degrees 46 minutes 06 West, for a distance of
113.25 feet, to a point along same; then on the arc of a circle curving to the right, having a radius
of 15_00 feet, and an arc length of 26.21 feet, to a point on the arc of a circle curving to the right,
having a radius of 125.00 feet, and an arc length of 26.57 feet, to a point along the Eastern
right-of-way line of Coventry Drive (50.00 feet wide); then North 42 degrees 30 minutes 48
seconds East, and passing through a 50.00 foot wide building restriction area and a 50.00 foot
wide utility easement, for a distance of 143.63 feet, to a point in line oflands now or formerly of
Joseph A. Cincotta; then South 69 degrees 45 minutes 36 seconds East, for a distance of 66.17
feet, to a point at the Northwestern comer of Lot No. 167; then South 20 degrees 13 minutes 54
seconds West, and passing through a 50.00 foot wide utt1ity easement ana a 50.00 foot wide
building restriction area, for a distance of 175.99 feet, to a point and the place of BEGINNING.
This piece, parcel or lot ofland is known and numbered as Lot No. 168 on the Revised Final
Subdivision Plan for Canterbury Estates, Phases IX and X, which is recorded in Cumberland
County in Plan Book 83, Page 91.
BEING PART OF THE SAME PREMISES which Francis C. McNaughton,
Margaret M. McNaughton and Peter J. Ressler, tld/b/a! a Midpenn Estates; Joseph
J. Chwastyk and Charlotte P. Cramer, granted and conveyed to The McNaughton
Company, a Permsylvania Corporation, by deed which 1s dated FebtuaIy 14, ] 987
and recorded in Cumberland COWlty in Deed Book 32N, Page 593 and Deed
Book 33Y, Page 828.
AL T A Commitment
Schedule C
(A105-558-S LANDIS.PFD/A105-558-S LANDISI1)
("::) -i9.
^i - .-..>
~ ~ c;:-'>
,~~:-:.
(....n
'V ---.'\ s-::
CI t:',':-:
- ;;0 f"':'
~ ~ cr..
~
~ ~ r
~ -- \.0
::t:>
I \,0,)
-
"b
cr--
~
~
T