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HomeMy WebLinkAbout95-02941 WILLIAM CHANOFF and GOLDA I CHANOFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Owner /Borrower v, NO. 1:j.JN/ /I/t 6 LEON E. WINTEI~YER, INC., Contractor I'UUYER m" LIENS WHEREAS, by Agreement dated April 2B, 1995, William Chanoff and Golda Chanoff, adu 1 t indi v idua Is ("Owner/Borrower"), contracted with Leon E. Wintermyer, Inc. ("Contractor") for work and services relating to the construction and construction supervision of a project upon the real estate descrIbed on Exhibit "A" attached hereto and made a part hereof; and WHFREAS, the project is to consist of the construction of required public Improvements on property in Hampden Township, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto, more fully detailed in the construction contract described above; and WHEREAS, COllUnerce Bank has agreed to lend and advance Three Hundred Ninety-Five Thollsand and 00/100 Dollars ($395,000.00) to Owner/Borrower to fil/ance such construction in consideration of, among other things, the execution of this Waiver. NOW, 'l'IlERE~'ORE, ConI: ['actor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, f 0[' Contractor and for any and all subcontractors, materialmen, employees and parties acting or claiming for, through 01 I/nder Contractor, covenant and agree with Owner /Borrower and Conunel ce Bank that no mechanics' 1 iens or claims shall be flied 01 1I18lnl:ained aqalnBt the above-described real estate, or the bu I I dl nq Ol i Inpl'ovementB to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contrect for extla work In or about the erection, construction and completion of said project, or otherwise; and Contractor, for Contl'actol' and any and a II lJubcontr'actorB, mater ia Imen, employees and parties actIl/g or clalmll/g I:llrol/gh or under Contractor, hereby expnHlIlly walvoB and Illllnqulnhen tho rlqht to have, file or maintain any mechanics' liens or claims against said real estate or buildings or improvements. This agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction, supervision and completion of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner/Borrower and Commerce Bank full power and authority to protect the said real estate and buildings or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violat.ion of this agreement, Cont.ractor, for itself and all such aforesaid Bubcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialman, employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner /Borrower and Commerce Bank, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above- described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Commerce Bank, mortgagee of said premises, its successors or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and Beveral, and the word "Contractor" shall mean all or some or any of them, [,'01' the 2 ALL 'I'HAT CEH'rAIN lot or tract of land situate in Hampden 'l'ownship Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western right-of-way line of Battersea Parkway at the dividing line of lot H158 and lot H139 as shown on hereinafter mentioned plan of recording, THENCE by aforementioned right-of-way line by a curve to the left having a radius of 1026.16 feet an arc length of 104.06 feet to a point; Thence by same by a curve to the right having a radius of 25.00 feet an arc length of 30.06 feet to a point on the Eastern right-of-way line of Edgeware Road; Thence crossing Edgeware Road South 47 degrees 33 minutes 37 seconds West 50.00 feet to a point on the Western right-of-way line of Edgeware Road; Thence by afore- mentioned right-of-way line by a curve to the right having a radius of 25.00 feet an arc length of 38.00 feet to a point on the Western right-of -way line of Battersea Parkway; 'I'hence by aforementioned right-of-way line by a curve to the left having a radius of 1026.16 feet an arc length of 99.00 feet to a point; 'l'hence by same by a curve to the left having a radius of 321.26 feet an arc length of 149.15 feet to a point; Thence by same by a curve to the right having a radius of 15.00 feet an arc length of 19.23 feet to a point on the Western right-of-way line of Haymarket Way; Thence by afore- mentioned right-of-way line by a curve to the left having a radius of 125.00 feet an arc length of 42.07 feet to a point; 'I'hence by same South 66 degrees 28 minutes 56 seconds West 102.00 feet to a point; 'l'hence by same by a curve to the right having a radius of 75.00 feet an arc lenljth of 57.12 feet to a point; 'I'hence by same North 69 degrees 52 minutes 40 seconds West 20.71 feet to a point on line of lands of NIl' L.ll.Smith; 'l'hence by afol'elllent!oned lands North 11 degrees 30 minutes 56 seconds West 152.75 feet to a point on the dividing line of lot H95 and Phase 3 of Hampden Court; Thence by aforemelltioned dividinlj line North 76 degrees 29 minutes 04 seconds East 41.64 feet to a point 01/ the Western right-of-way line of Billingsgatel 'l'hence by afOl'ement!one<l ri<jht-of-way line ,',/,./\,/ {(;)'/ by a curve to the t'ighl having a radius of 60.00 feet an an: lunglh - of 106.12 feet to a point; 'l'huncu by samu by a curve to the luft having a radius of 15.00 feet an arc length of '7,14 feel to a point on the dividing line of lot //94 lInd Phase 3 of lIampden court; 'l'hence by aforementioned dividing line Not'th 75 degn!l~fl 30 minutes 56 seconds West 07.09 feet to a point; 'l'hence by same Not'th 11 doyt'ees 3U minutull 56 seconds West 160.U6 feet to a point on the dividing line of lot //93 and Phase 3 of lIampuen COUt't; 'I'hence by afot'ementioned line and that of lot //92 North 50 uegrees 02 minutes 50 seconull East 252.34 feet to a point on the uiviuing line of lot 11119 anu Phase 3 of lIampdon Court; 'l'hence by aforementioned line Not'lh 65 deyt'ees 45 minutes 00 seconds West 07.00 feet to a point on the dividing line of lot 1109 and Phase 6 of lIampden Court; 'l'hence by aforementioned line NOI'th 24 deLJreell 15 minutes 00 seconds East 165.95 feet to a point on the Southern riyht- of-way line of Edgeware Hoad; 'I'hence crossin'] Edgewat'e Hoad North 32 degrees 53 minutes 50 seconds East 50.50 feet to a point on the Northern right-of-way line of Edgeware Hoad; 'l'hence by aforementiol/ed right- of-way line by a curve to the left having a radius of 25.00 feet an arc length of 39.27 feet to a point on the Weotenl t'ight-of-way line of Dlackfriars Way; 'I'hence by aforementioned right-of-way North 24 degt'ees 15 minutes 00 seconds East 23.49 feet to a point; 'l'hence by same by a curve to the left having a radius of 200.0U feet an at'C lenyth of 24.36 feet to a point; 'I'hence crossing Black friars Way and by thc dividiny line of lot //153 and lot //152 of PhaSe 6 of lIampdcn Coud Soulh 72 degrees 43 minutes 40 seconds East 216.45 feel: to a point on the dividing line of lot 11154 alllI lot //143 Phase J of lIampuen CUlIt't; 'I'honce by aforementioned uividiny line and thaI: uf luts //154, 11155 and 11156 of lIampden Court Phase 5 and lots 11142, 11141 and 11140 of lIampdun COllt't Phase 3 South 12 degrees 54 minutes 12 second!! Eaot )04.7tJ fuel. to a point on the diviuing line of lot 11157 of lIampuen COllrt phaoe 5 and lot //139 of lIampden COUt't Phaoe J lJuuth 07 dugl'llllS 10 minutes 25 seconds West 50.93 feet to a poinl:; 'l'hence by t.he dividIng lino of lot 11139 lIampden Courl: PhaBe J aJl(1 lot 111511 1I<11111"lell COIlI't I'hilBt:! 5 South 33 degrees 55 In! Ilutes 06 Bl'<:nlldH East. tJ',. hO fl!et 1.0 a po! lit. being the place of begillllilll]. BEING lIampden Courl. I'haBl! 5 CONTAINING 6.0710 ilC. HECOlllJED in Planl)f)o), . 1 If' '/, I' , . . VOIllllll!. . . . 1'.It.JH.