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HomeMy WebLinkAbout06-3829 36pula'tl$ns Against Liens Faisal Ahmed and Rabia Ahmed In the Court of Common Pleas County of Cumberland Owner , Pennsylvania The McNaughton Company Docket Number t:)t,' 3~,).!1 JlJ,t./) Term 2006 Contractor Page Number J",.,' 2(" ~C)O<.. Whereas, The McNaughton Company ("Contractor") of 4400 Deer Path Road Harrisburg, PA 17110, has entered into a contract with Faisal Ahmed and Rabia Ahmed ("Owner") of 1447 Hillcrest Court, Apt. 305, Camp Hill, PA 17011, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 490 Francis Drive, Mechanicsburg, PA 17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Faisal Ahmed and Rabia Ahmed are the litle holder of record; and Whereas, it is the intention of Owner and Conlractor that neither said lot of ground nor the improvements 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 furnished 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 consideralion of the contract aforesaid and the considerations menlioned 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 acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregOing covenanl, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at 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 the Conlractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot of ground or any part thereof, and, for such acl or acts, this shall be good and sufficient warrant and authority. and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. presence of: ~? Faisal Ahmed ~\j)~ ~mod'~ - f;tJlL~ (,1 (j cNaughton Co a y:.), ~ (") ':- '.. 1.....,' c,.,) '~'::~-.;,o C:;"~ I C..... f'-.) C) l'C' " File No. 2006076 ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Western right-of-way line of Francis Drive (50.00 feet wide), said point being located at the Southeastern corner of Lot No. 60; then along said right-of-way line, South twenty-two (22) degrees, fifty-three (53) minutes, seven (07) seconds East, for a distance of eighty-nine and eight one-hundredths (89.08) feet, to a point on the arc of a circle curving to the right, having a radius of one hundred fifty and zero one-hundredths (150.00) feet, and an arc length of thirteen and eighty-two one-hundredths (13.82) feet, to a point on the Northeastern corner of Lot No. 62; then along the Northern boundary line of Lot No. 62, and along the center line of a fifteen and zero one-hundredths (15.00) foot wide drainage easement, South seventy-three (73) degrees, twenty-six (26) minutes, fitly-three (53) seconds West, for a distance of one hundred five and zero one-hundredths (105.00) feet to a point in line of other lands now or formerly of The McNaughton Company; then along said other lands now or formerly of McNaughton, North twenty-two (22) degrees, forty- eight (48) minutes, thirty-one (31) seconds West, for a distance of ninety-one and twenty-eight one-hundredths (91.28) feet to a point at the Southwestern corner of Lot No. 60; then along the Southern boundary line of Lot No. 60, North sixty-seven (67) degrees, six (06) minutes, fitly-three (53) seconds East, for a distance of one hundred five and zero one-hundredths (105.00) feet, to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 10,200.09 square feet of land, and is known and numbered as Lot No. 61 on the Final Subdivision Plan for Good Hope Farms South - Phase IX, which is recorded in Cumberland County in Plan Book 88, Page 135. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management Services, by Deed dated October 5, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 112, Page 1058, granted and conveyed unto The McNaughton Company, a Pennsylvania corporation, Grantor herein. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 708, Page 1358, as may be applicable to the above described property. rlrtlc.E(. /'10. ID - ,q - f/,o2. - 1!1J ~~ ...... ~ '-i ~ ~~ ~ ~ ~ . ~ \. , ( (:.:: '-.) "T' '-1 i~ri::n r- rT~ l~ I V. r.'5 CJ r<, "" ~ AI '1"<' ~