HomeMy WebLinkAbout03-0890S TIPULA TION A GAINS T LIENS
JAMES A. MIRANDO, Jr. and COLLEEN
MIRANDO, husband and wife,
Owners
EME DEVELOPMENT CORPORATION
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C) :J' ~ ~o MLD, 2003
WHEREAS, JAMES A. MIRANDO, Jr. and COLLEEN MIRANDO, husband and wife, of 6351
Bennington Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, hereinafter
called "Owners", have executed a Construction Agreement, dated February 4, 2003 ("Agreement"), with
EME DEVELOPMENT CORPORATION, a domestic corporation, of 570 S. 3rd Street, Lemoyne,
Cumberland County, Pennsylvania, hereinafter called "Contractor", for the construction of a two (2) story
dwelling, including an attached garage, together with site work and other improvements (collectively
"Improvements") upon real estate situate in Silver Spring Township, Cumberland County, Pennsylvania,
being more and particularly bound and described as follows:
ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,
Cumberland County, Pennsylvania, bounded and described as Lot 93 in accordance with
the Major Final Subdivision Plan for the Peninsula (Phase II), prepared by Hartman and
Associates, P.C. and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 67, at Page 86, more particularly
bounded and described as follows:
BEGINNING at a point on the northern right-of-way line of Hidden Meadow Drive,
said point being the common corner of Lot No. 93 and Lot No. 94 as shown on the plan of
lots known as "The Peninsula, Phase I1"; thence along the eastern line of Lot No. 94 North
11 degrees 23 minutes 42 seconds East a distance of 418.39 feet to a point on the line of
Lot. No. 66 (future phase); thence along Lot No. 66 (future phase) and Lot No. 67 (future
phase) North 71 degrees 00 minutes 00 seconds East a distance of 174.88 feet to a point,
said point being a common corner of Lot No. 93 and Lot No. 90; thence along Lot No. 90
and Lot No. 91 South 08 degrees 39 minutes 08 seconds East a distance of 526.11 to a
point, said point being corner of Lot No. 91 and Lot No. 92; thence along Lot No. 92 South
01 degrees 01 minutes 18 seconds East a distance of 199.33 feet to a point on the
northern right-of-way line of Hidden Meadow Drive; thence along said right-of-way line
North 48 Degrees 30 minutes 00 seconds West a distance of 316.71 feet to a point;
thence along said right-of-way line by a curve, curving to the left having a radius of 175.00
feet and an arc length of 104.24 feet to a point, the place of BEGINNING
BEING Lot No. 93 on a Plan of Lots known as "The Peninsula, Phase I1" and
containing 3.2539 acres. Also subject to a drainage easement as shown on the
aforementioned plan of Lots.
UNDER AND SUBJECT to existing building restrictions, ordinances, easements of
roads, privileges or rights of public service companies, if any.
BEING the same premises which Fox Squirrel, Inc., a Pennsylvania corporation, by
its Deed dated September 12, 2002, and recorded October 9, 2002 in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 253, Page 4927 granted
and conveyed onto James A. Mirando, Jr. and Colleen Mirando, Grantor herein.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration
of the sum of One ($1.00) Dollar to Contractor in hand paid by Owners, receipt whereof is hereby
acknowledged, and the fudher consideration set forth in the Agreement, for itself and its subcontractors, and
all persons and parties acting through or under Contractor and Contractor's subcontractors, covenant and
agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the
above-described real estate for or on account of any work done or labor or materials furnished by them or
any of them under the Agreement for, towards, in, or about the construction of the Improvements upon the
above-described real estate and Contractor, for itself, Contractor's 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 Improvements and the above-described real estate, and agree that this instrument, waiving the
right of lien, shall be an independent covenant.
WITNESS, our hands and seals this i ay of February, 2003.
Contractor:
EME DEVELOPMENT CORPORATION
__J?(rT~es//IVli~.ando, Sr., Vice President
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