HomeMy WebLinkAbout99-03434,
WAIVER OF RIGHT TO FILE MECHANICS'
LIENS AND MECHANICS' LIEN CLAIMS
49-211,3 oy Pr y
THIS INSTRUMENT, made this 'Vim day of,LLoj.? 1999, by and
1 between WAGMAN CONSTRUCTION SERVICES, of York (the "Contractor")
and ABG DEVELOPMENT COMPANY, of Harrisburg (the "Owner")
i
WITNESSETH:
v WHEREAS, Owner owns all that certain tract of real estate
situate in Lower Allen Township, Cumberland County, all as more
j particularly described on Exhibit "A" attached hereto and made a
{) part hereof (the "Land"); and
WHEREAS, Owner intends to have Contractor construct a single
family residence on the Land (the "Improvement") ; and
WHEREAS, in connection therewith owner and Contractor have
entered into an agreement (the "Contract") whereby Contractor has
agreed to provide all materials and perform all labor necessary
for the construction of the addition to the existing structure.
NOW, THEREFORE, it is hereby stipulated and agreed by and
between Owner and Contractor, that neither Contractor, any
subcontractor or materialman, nor any other person furnishing
labor or materials to Contractor for the performance of said
agreement with Owner or under said agreement, shall file a lien
or claim, commonly known as a mechanic's lien or mechanic's lien
claim, against the Land or against the Improvement to be
constructed thereon, or against any interest of Owner therein for
the work and materials done or furnished or any part thereof.
This stipulation and waiver of mechanic's liens and
mechanic's lien claims is an independent covenant and is not
dependent on any of the covenants in the Contract.
This stipulation and waiver of mechanic's liens and
mechanic's lien claims is made and intended to be filed in the
Office of the Prothonotary of Dauphin County, Pennsylvania, in
accordance with the provisions of the Act of Assembly of August
24, 1963, P.L. 1175, No. 497, Article IV, Section 402 (Purdon's
Tit. 49, Section 1402).
I. IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have executed this Waiver on the date first
above inscribed.
ATTEST: CONTRACTOR: WAGMAN
CONSTRUCTION SERVICES
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?Jo5 H G. PRESIDENT
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ATTEST:
OWNER: ABG DEVELOPMENT COMPANY
DONALD R. WERT, GENERAL
PARTNER
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF HNEffill-I LANCAST-W
On this ?f day of JuN? 1999, before me, a No aCi Public,
the undersigned officer, personally appeared, , who
acknowledged himself to be-wife President of Wagman Construction
services, and that he as such officer, being authorized to do so,
executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himAiemr?
as Viee- President.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal. (^
N,a.?n, I Sr ]I
F.Jonnur C V an t;. y ? rvotarp Public
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Y i)umm ss?un C.? , Jeri. 1, a1(l0
4
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA ss.
COUNTY OF DAUPHIN
On this ql"` day of? -Q, 1999, before me, a Notary Public,
the undersigned officer, personally appeared, Donald R. Wert, who
acknowledged himself to be a General Partner of ABG Development
Company, and that he as such officer, being authorized to do so,
executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by him/herself
as General Partner.
IN WITNESS WHEREOF, I have hereunto set my hand and official
i
i
seal.
f
I?
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situated in Lower Allen
Township, Cumberland County, Pennsylvania, being more
particularly described as follows:
BEGINNING at a point in the northerly line of Lena Drive on the
common boundary between Lot 11 and Lot 13. Thence North 5
degrees 52 minutes 55 seconds East a distance of 135.00 feet to a
point; thence North 18 degrees 47 minutes 36 seconds West a
distance of 202.12 feet to a point; thence North 71 degrees 12
minutes 24 seconds East a distance of 568.12 feet to the westerly
line of Westport Drive; thence along the westerly line of
Westport Drive the following two courses:
1. South 14 degrees 11 minutes 37 seconds East a distance
of 2.67 feet,
2. a curve to the left having a radius of 50.00 feet a
distance of 57.96 feet (on a chord which bears South 47
degrees 24 minutes 16 seconds East 54.77 feet);
thence South 14 degrees 11 minutes 37 seconds East a distance
33.50 feet to a point; thence South 32 degrees 36 minutes 29 of
seconds West a distance of 491.64 feet to the northerly line of
Lena Drive; thence along the northerly line of Lena Drive the
following three courses
1. a curve to the left having a radius of 50.00 feet a
distance of 64.05 foot (on a chord which bears South 59
degrees 10 minutes 58 seconds West a distance of 59.76
feet),
2. a curve to the right having a radius of 20.00 feet a
distance of 25.62 feet (on a chord which bears South 59
degrees 10 minutes 58 seconds West a distance of 23.90
feet),
3. North 84 degrees 7 minutes 5 seconds West a distance of
200.00 feet to the point and place of BEGINNING.
SAID lot containing 174553 S.F., or 4.01 Acres.
BEING Lot No. 13 on the plan of West ort dated .? JZ 1999
recorded in Plan Book 'I Ci Page Cumberland County
records.
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