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HomeMy WebLinkAbout02-6107S TIP ULA TION A GAINS T LIENS THIS AGREEMENT made the 19th day of December, 2002, by and between DON UPDEGRAVE CONSTRUCTION COMPANY, hereinafter referred to as Contractor, and THOMAS M. MINORI and DAWN E. MINORI, husband and wife, hereinafter referred to as Owners, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at 11 Fieldstone Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto and made a part hereofi NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owners, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this _lq[]5 day of December, 2002. Signed, Sealed and Delivered in the presence of M. Minori, Owner for Don Updegrave Construction Company, Contractor State of Pennsylvania County of Cumberland : SS On this, the .PILL_ day of December, 2002, before me the undersigned officer, personally appeared THOMAS M. MINOR and DAWN E. MINORI, husband and wife, known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Not/a~/Public - Ma~y M. Price, Notary Public Car~sie Bore, Cumberland County My Corr~nission E.xpires Aug. 18. 2003 State of Pennsylvania County of Cumberland : SS .' On this, the _L~. day of December, 2002, before me the under ' appeared ~ cle~ rd ~ r~ .... signed officer, personallv a Penn~,,~ .... :~ __~ ~, -' ~ o/Don Upde~rave Con~* .... :~- ,-' ~ z rpora{~on, lmown to me or sat~sfactonlv nroven t ho th ......... P .Y' .-' r O u,,, [,u~., pc~.~Ull WhOSe name IS subscribed to the within instrument and acknowledged that he/she, as said ~_~,' r~title) executed the same for the purposes therein contained. -- , In witness whereof, I hereunto set my hand and official seal. /-~ Notarial Sea~ -- ~ar.¥ M Price Nora Carl ste 8oro r._' . ry Public My Corn~issi0~, '¢~u.m.,°erland Court ,, , -"~ .... aug. 18,~ ALL THOSE CERTAIN tracts situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Southwesterly side of Fieldstone Drive at the dividing line between Lots Nos. 14 and 13 of Section "E" as shown on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 48 degrees 26 minutes 12 seconds West, 185.81 feet to a point; thence by the dividing line between Lots Nos. 14 of Section "E" and Lots Nos. 6, 5 and 4 of Section "E" as shown on said Plan, the following courses and distances: (1) South 24 degrees 44 minutes East, a distance of 6.25 feet; (2) South 45 degrees 01 minute East, 62.71 feet to a point; thence by the line of land now or formerly of Robert Gould, North 09 degrees 37 minutes East, a distance of 75.00 feet to a pont; thence by line of lands now or formerly of John Shook, North 18 degrees 50 minutes East, 174.47 feet to a pont in the Southwesterly line of Fieldstone Drive; thence by the southwesterly line of Fieldstone Drive and by a curve to the right having a radius of 300.00 feet an arc distance of 155.00 feet to the place of BEGINNING. BEING improved with a two-story brick and frame dwelling house and attached two-car garage. BEING Lot No. 14, Section "E", on Plan No. 2 of Cumberland Estates, which Plan was recorded in the Office of the Recorder of Deeds in and for Cumberland County o April 8, 1965 in Plan Book 16, Page 33. , TRACT NO. 2: BEGINNING at a point marked by a stake on the Southern line of Fieldstone Drive as shown on the hereinafter mentioned Plan of lots, which point is in the dividing line between Lot No. 14, Block "E" of Plan No. 2 of Cumberland Estates, of Record in Plan Book 16, Page 33, and Lot No. 1, Block "E" of Plan No. 1 of Cumberland Estates of Record in Plan Book 13, Page 22; thence by said dividing line, South 18 degrees50 minutes West, 174.47 feet to a point marked by a stake; thence by the dividing line between Lots Nos. 1 and 2 of Block "E", of Plan No. 1 of Cumberland Estates, South 72 degrees 36 minutes 30 seconds East, a distance of 20.00 feet to a point marked by a stake; thence by the line of other land now or formerly of John C. Shook, et ux, North 18 degrees 12 minutes East, a distance of 174.47 feet to a point on the Southerly line of Fieldstone Drive; thence by the Southern line of Fieldstone Drive in a Westerly direction, 18 feet to the place of BEGINNING. BEING a portion of Lot NO. 1, Block "E" on Plan No. 1 of Cumberland Estates, which Plan was recorded in the Office of the Recorder of Deeds in and for Cumberland County of August 28, 1962, in Plan Book 13, Page 22. The above description is taken from a Survey by D.P. Raffensperger Registered Surveyor, dated April 20, 1966.