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HomeMy WebLinkAbout06-0278 Y'U: ()(,..J 7)' ~ TL>- i .. ~ -:. ~ WAIVER OF LIENS '(f'.... THIS AGREEMENT made and concluded this ~ day of ()~ A,D,20Cl2., between EDWARD ~MILLER and CAROLYN R. MILLER, husband and wif~ of Jensen Beach, Florida , party of the first part (hereinafter called Owner), AND HARRY S. CLAYPOOL, III , party of the second part (hereinafter called) Contractor, WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of a two story residential dwelling to be erected on ALL that certain tract of parcel of land situate in the Township of Lower Allen, Cummerland County, Pennsylvania, being known as Lot No. 27, more fully set forth on Exhibit "A" attached hereto and made a part hereof. in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens, should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract 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 snb-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 Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Conunon 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 or 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 quick-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 ~'fitten. S. Claypool, III WITNESSES PRESENT: ~ ~ ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania; said premises being known as Lot No. 27 as shown on the Final Subdivision Plan for High Meadow Phase V and Phase IV, Lot 16, dated May 19, 2003 and last revised July 17, 2003 and recorded October 17, 2003, in the Cumberland County Recorder of Deeds Office in Plan Book 88, Page 9, and said premises being further bounded and described as follows: BEGINNING AT A POINT on the Southern line of Canyon Creek, said point being the Northeast corner of Lot No. 27 and labeled as Point of Beginning on the attached plat; thence along the Western property line of Lot No. 28, South 01 degree 45 minutes 57 seconds West, a distance of 142.99 feet to a point; thence along the Northern property line of Lot "A", North 89 degrees 35 minutes 05 seconds West, a distance of 122.36 feet to a point; thence along the Eastern property line of Lot No. 26, North 12 degrees 30 minutes 39 seconds East, a distance of 158.85 feet to a point on the Southern line of Canyon Creek; thence along the Southern line of Canyon Creek, South 77 degrees 29 minutes 21 seconds East, a distance of 15.59 feet to a point; thence along said Southern line of Canyon Creek along a curve to the left having the radius of 415.11 feet and the length of 77.85 feet to a point, the Point of BEGINNING. CONTAINING an area of 15,979 square feet (0.37) acres. THE ABOVE DESCRIBED lot is under and subject to the requirement for erosion and sedimentation control measures as specifically related to the lot and shown in the general notes on the above- referenced plan. UNDER AND SUBJECT to Declaration of Protective Covenants, Conditions, Restrictions, and Easements for High Meadow, Phase V, a Planned Community, as recorded on May 14, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 708, Page 1105. ALSO UNDER AND SUBJECT to all rights-of-way, easements and restrictions of record on the date hereof. IT BEING the same premises which New Penn Motor Express, Inc., a Pennsylvania corporation, by deed dated the 19th day of December, 2005 and about to be recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted and conveyed unto Edward Lee Miller and Carolyn R. Miller, husband and wife, MORTGAGORS herein. 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