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HomeMy WebLinkAbout03-2008APR-09-~00Z 11:12 CQNESTOGATITLEINSCO 9192996994 P.20/22 WAIVER OF LIENS THIS AGREEMENT made this ,2~ day of ~,! , ~2003, Charles E. Swartz and Azlynn N. Swartz ("Owned'), C E[ Swartz Constr-m~mn ("Contractor"). between of and of THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement beadng even date herewith (the "Contract") Owner and Contractor have contracted for the erection, construction and completion of ~,~,~ ~_~o~.. dwelling house .(the "Improvements") to be erected 6~-r~l'"~te described in Exhibit "A" attached (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promLsed and agreed that no mechanics' or materiaismen's lien or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental completion or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, (;laim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, matefialsmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. 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 APR-~Z~9-2~3 Il: 13 CQNESTOGATITLEINSCO 719299699~ P.21/22 for extra work in the erection, construction and completion of the Improvements as to any work or labor done and materials furnished under the Contract. 3. 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 several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singluar shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. tN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: Y~ Ce By: ~z~-l~.' ~ft z ~ E, Swar~z Cons~r~l~t~nn (SEAL) (SEAL) (SEAL) (SEAL) EXHIBIT A LEGAL DESCRIPTION- ALL THAT CERTAIN piece or lot of land situated in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point along Meadow Lane (50 foot wide right-of-way) at the dividing line between Lot Nos. 8 and 10 of the above-mentioned subdivision plan; thence along Meadow Lane North 89 degrees 03 minutes 33 seconds East, a distance of 165.00 feet to a concert monument; thence on a curve to the fight having a radius of 50.00 feet and an arc length of 78.54 feet to a point on the western right-of-way line of North Loop Road (50 foot wide right-of-way) to a concrete monument; thence South 00 degrees 56 minutes 28 seconds East, a distance of 333.54 feet to a point; thence on a curve to the right having a radius of 200.00 feet and an arc length of 145.47 feet to a point; thence South 40 degrees 44 minutes 03 seconds West, a distance of 42.00 feet to a point on the western right-of-way line of North Loop Road (50 foot wide right- of-way) at the intersection of Lot No. 8 of the above referenced subdivision plan and Lot No. 28 of the Final Subdivision Plan for Lisburn Meadows Estates North - Phase II; thence North 49 degrees 15 minutes 57 seconds West, a distance of 182.69 feet to a point on the dividing line between Lots Nos. 8 and 10 of said subdivision plan; thence along said dividing line North 00 degrees 56 minutes 27 seconds West, a distance of 426.43feet to a point; the point and place of BEGINNING. CONTAINING 2.41 acres or 104,830 square feet. BEING Lot No. 8 on the Final Subdivision Plan for Lisburn Meadows Estates - North, Phase I, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 77, Page 37. BEING THE SAME PREMISES which Kronenberg and Group, a partnership, by its deed dated October 30, 2002 and recorded on October 31, 2002, in the Recorder's Office aforesaid in Deed Book 254, Page 1495, granted and conveyed unto Charles E. Swartz and Azlyrm N. Swartz, husband and wife.