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HomeMy WebLinkAbout97-06777 IlI\Wp& 1 \lftpd.'.\da..\c.MIlPllli:lnk,illp SI1fU1AIlQNAGAWSIJJEN.S (tJ. &,)77 1"1 '- b \~J II. THIS AGREEMENT made the .J '\ day of December, 1997, by and between D&S CUSTOM HOMES, a Partnership, hereinafter referred to as Contractor, and D&S CUSTOM HOMES, a Partnership, hereinafter referred to es Owner, whereby the former undertakes and agrees to erect and construct a single family dwelling on: ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the dedicated right-of-way line of Sandy Bottom Road on the dividing line batween Lots Nos. 51 and 52 on said Plan; thance by said dividing line South 81 degrees 20 minutes 41 seconds West 266.67 feet to a point; thence North 08 degrees 39 minutes 19 seconds West 166.66 feet to a point; thence by the dividing line between Lots Nos. 52 and 53 on said Plan North 81 degrees 20 minutes 41 seconds East 266,67 faet to a point; thence by the dedicated right-of-way line of Sandy Bottom Road South 08 degrees 39 minutes 19 seconds Eest 176.66 feet to a point, the Place of BEGINNING. CONTAINING 44,443 square feet and being Lot No. 52 on Final Sllbdlvlsion Plan, Phase Number One of Callapatsclnk, which Is recorded In the Office of the Recorder of Deeds for Cumberland County in Plan Book 69, Page 20, UNDER AND SUBJECT to a portion of a 20 foot storm water easement, as shown on the hereinafter mentioned Subdivision Plan, UNDER AND SUBJECT to building and use restrictions recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 486, Page 1074, for certain lots of Final Subdivision Plan for Phase Number One of "Callapatscink," as recorded in Plan Book 69, Page 20. BEING part of the property which was conveyed to Wilbert L, Diehl and Shryle M, Diehl, husband and wife, by Michael R. Rapuano and Marsha L, Rapuano, his wife, by deed dated January 13, 1986, and recorded in the Office aforesaid in Deed Book "S", Vol. 31, Page 236; and being part of "Parcel AU in said Deed. By an Agreement of Sale for Real Estate between Wilbert L. Diehl and Shryle M. Diehl, husband and wife, and D&S Custom Homes, dated May 15, 1986, and recorded in the Office aforesaid In Misc. Book 317, Page 915, equitable title to said property was conveyed to D&S Custom Homes, CI\wpB 1\wpdlllld&IIICIIf.,II'ldlllt .lllfJ ,; NOW THEREFORE, THIS AGREEMENT WITNESSETH: That tho sold Contractor, for and In consideration of the sum of One and 00/1 00 ($1.00) Dollar to them In hand paid by Owner, the receipt whereof Is hareby acknowledged, and the furthsr consideration mentioned In tho egreement eforesald, for themsslves and thalr subcontrectors, and 011 parties acting through or under them, covenant and agrsa that no mochanlc's liens or claims thereto for or on account of any work dona or matarlala furnished by them or any of them under said contract or otherwise, for, towards, In, or about tha erection and construction of the said buildings on the lot above descrlbad, and the sold Contractor, for themselvas, their subcontrectors and others under them heraby expressly waive and nJllnqulsh the right to have, fila and maintain any machenlc's liens or claims against the said bUildings or any of them, and agrea that this Instrument, waiVing tho right of lien, shall ba an Independant covenant. WITNESS OUr hands and seals this >I~ day of Docamber, 1997. lIIttootr- LJ ,',/,,\ ,'(( D&S CUSTOM HOMES ~?YYl" rM /1\ 1',-,/-. I /','" "... By:_~' 1" ,- I'~I('.' .-t..!... -1f) WILBERT L. DIEHL, Portner, Contractor/Owner \ _~)1/1 }lM"/\!.I\,-~( / ,I I . / I I ~ .' , '/" '/ /, ' . ,,'.... /, ~F.. . RICHARD D. SHlfGHART, Contractor/Owner ,-' Portner, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. ) On this, the .YJJ-, day of December, 1997, before me, the undarsigned officer, personally appllared WILBERT L. DIEHL and RICHARD D, SHUGHART, being 011 of the Partnars of tha Partnership known as D & S CUSTOM HOMES, known to me (or satisfactorily proven) to be tha persons whoso names are subscribed to the within Instrument, and aCknowladgad that thay axacutad same for the purposes tharain contained. IN WITNESS WHEREOF, I hareunto set my hand and official seal. \) " ('\C\(,.--\) 2 (H L, ^,,^,,:A I --N6fAFiiAL S PA TAICIA 0, 01. Y AANIK. Nowy PubIc ~ Twp" CtJmbttIend Coun1y, PA My COlIIIlllIIIon EJcprte ~1I27, 2001 ~ ~ l , ~ ri ,'" ~ ,:" .;': ~ II,' ..,. ~ .~ ( " i." , ". (\ ~ , (-Ii ''\j i', . \ ('. ':<', ~ '" Ii', , , I I...;; " ~ I L ~ ,. L... l:; '., i,:l . ) , J