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HomeMy WebLinkAbout00-02858 '~ '~'~-~~', _ _"_'1 ',~ _.'< _c "v_' '~I' ,-" . ~~] ".. 7&;. I)-()' .2rS-31111-/J ""/b- WAIVER OF RIGHT TO FILE MECHANICS' LIENS WHEREAS, DAVID E. BAITSELL, Owner, of 2271 Waggoners Gap Road, Carlisle, PA 17013, entered into a contract with S & A CUSTOM BUILT HOMES, INC., of 1147 Harrisburg Pike, Carlisle, PA 17013, to provide materials and perform labor necessary for the construction of a three (3) bedroom, two (2) bath ranch home with a two (2) car garage and full basement upon a tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, known as 1070 Myerstown Road, Gardners, PA 17324, more particularly bounded and described as follows: SEE ATTACHED EXHIBIT "A" NOW, THEREFORE, it is hereby stipulated and agreed by and ' between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned Contractor, any subcontractor or materialman, nor any other person furnishing labor or materials to the said Contractor under his contract shall file a lien, commonly called a mechanic's lien, for work done or materials furnished to the said building, improvements or any part thereof. THIS STIPULATION is made and intended to be filed with the Cumberland County Prothonotary within ten (10) days after date, in accordance with the requirements of Act of Assembly of Pennsylvania, in such case provided. IN WITNESS WHEREOF, the said parties hereto, intending to be legal:r~~ound hereby, have hereunto set their hands and seals ;Q~,~J1\~ 2000. ci)~ G ~1~U [SEAL] wi s / / ~) David E. Baitsel OWNER S & A CUSTOM HOMES, INC. ~'1--- ~ Witness - By: [SEAL] n, President CONTRACTOR ~ /' " ,~ "" _"~_~'rr&"'_'~~. h" 'l""""""'"",,,^,"- _'""",,-_'';; ;"~-,,,---__: --i -'~--'"C"~,;,,^>__;, ~ EXHIBIT "A" WAIVER OF RIGHT TO FILE MECHANICS LIENS DAVID E. BAITSELL, OWNER S & A CUSTOM BUILT HOMES, INC., CONTRACTOR ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivison Plan for Joseph A. Cline prepared by Larry V. Neidlinger, P.E., R.S., as last revised on November 22, 1999, a copy of said Plan having been recorded in the Office of the Recorder of Deeds of and for Cumberland County on May 2, 2000, in Plan Book 80, Page 145, which Plan is incorporated herein by reference, as follows: BEGINNING at a nail in the centerline of Township Road T-524, known as Myerstown Road (previously known as School Road), at the Northeast corner of Lot 6 on the aforementioned Subdivision Plan; thence by said Lot 6, North 85 degrees 10 minutes 00 seconds West, a distance of 416.97 feet to an iron pin in the line of Lot 4 on the aforementioned Subdivision Plan, thence along said Lot 4 the following three courses and distances: (1) North 01 degrees 00 minutes 11 seconds West, a distance of 40.00 feet to an iron pin, (2) thence South 89 degrees 59 minutes 49 seconds West, a distance of 10.00 feet to an iron pin, (3) thence North 01 degrees 00 minutes 11 seconds West, a distance of 94.99 feet to an iron pin on the southern line of a 50 foot private right of way known as Breezy Lane; thence along the southern line of said Breezy Lane the following four courses and distances: (1) North 77 degrees 42 minutes 47 seconds East, a distance of 60.66 feet to an iron pin, (2) thence by a curve to the left having a radius of 253.84 feet an arc length of 147.82 feet to an iron pin, (3) thence by a curve to the right having a radius of 175.00 feet an arc length of 137.44 feet to an iron pin, (4) thence by a curve to the right having a radius of 40.00 feet an arc length of 62.83 feet to a concrete monument on the Western dedicated right of way line of Myerstown Road; thence North 89 degree 20 minutes 48 seconds East, a distance of 25.00 feet to a nail in the centerline of Myerstown Road; thence along the centerline of Myerstown Road the following four courses and distances: (1) South 00 degrees 39 minutes 12 seconds East, a distance of 10.00 feet to an iron pin, (2) thence by a curve to the left having a radius of 360.00 feet an arc length of 104.10 feet to a nail, (3) thence by a curve to the right having a radius of 1364.40 feet an arc length of 119.38 feet to a nail, (4) thence by a curve to the right having a radius of 315.78 feet an arc length of 39.58 feet to a nail in the centerline of Myerstown Road, the Place of BEGINNING. CONTAINING 2.057 acres, more or less, and being Lot No.2 on the Final Subdivision plan For Joseph A. Cline, recorded in . ,~, , - ',-... , _,w ~ p -, -,- _ ".'__"",_'''' ' _ ~/'---' '.....''''''t ~. .'t . Cumberland County Plan Book 80, Page 145 and being known and numbered as 1070 Myerstown Road, Gardners, Pennsylvania 17324 and being further identified as part of Cumberland County Tax Parcel No. 08-15-0199-010. UNDER AND SUBJECT, nevertheless, to building and use conditions and restrictions set forth in said Subdivision Plan. THE ABOVE DESCRIBED tract of land is a portion of a larger tract of land which Joseph A. Cline and Barbara A. Cline, his wife, by deed dated March 9, 1999 and recorded March 9, 1999 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 195, Page 644 granted and conveyed unto Joseph A. Cline. """ .,,':.J' ""_"/-0';', r~ "- w "-Z) V-\ "" '-J ~ V\ -"""""",',.,;; ~. 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