HomeMy WebLinkAbout99-06387
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WAIVER OF LIES
THIS AGREEMENT made this _ 77' day of October 1999
between of
James W Hershey and Debra A Hershey ("Owner"), and
of
W Lee Roland Builder ("Contractor").
THE BACKGROUND of this Agreement is as follows:
A. By a duly executed written agreement bearing even date herewith (the "Contract")
Owner and Contractor have contr cted for the erection, construction and completion of
Two S4br-%4 &M COC.L CLL-P--NMA- (the "Improvements")
to be erected on real estate described in Exhibit "A" attached (the "Property").
B. By the terms of the Contract, Contractor has covenanted, promised and agreed that
no mechanics' or materialsmen'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, claim 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, materialsmen 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.
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2. This Agreement vvahMg 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 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 conelsts 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 singkmr shall be deemed to include the plural, and the neuter shall
be deemed to Include the masculine and feminine, as the context may require.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
dated the day and year first above written.
WITNESSES PRESENT.
W Lee Roland, Contractor
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ebra A Her c
ames W Hershey
06-('ber i is- tqctA
NOW W SW
JuNm A. WNer, Notary NOb
Upper AeonT ,p CurrWMnd Cour?Y
My CnnmNUbn Empref Mry 14, 2082
Member, Pennsw'ana r, ;tn Hand NOUN
r`Ilcy No. 227957 SCHEDULE "C" 'fide No. 14703
LEGAL DESCRIPTION
SUGGESTED LEGAL DESCRIPTION
LINDENWOOD
LOT 54
ALL THAT CERTAIN piece, parcel and lot of land situate in
Upper Allen Township, Cumberland County, Pennsylvania; being
shown as Lot 54 on the Final Subdivision Plan for Lindenwood
Phase I; and being more fully bound and described as follows,
to wits
BEGINNING at point on the east line of Emlyn Lane, said point
being the southwest corner of Lot 53; thence along the south
line of Lot 53 North 76 degrees, 14 minutes, 16 seconds Bast
a distance of 216.82 feet to a point on the west line of
South Market Street, L.R. 416, thence along the south line of
South Market Street, L.R. 416, on a line curving to the right
having a radius of 1,870.08 feet and a arc length of 161.30
feet said arc being subtended by a chord of South 00 degrees,
00 minutes, 45 seconds West a distance of 161.25 feet to a
point the northeast corner of Lot 55; thence along the north
line of Lot 55 South 87 degrees, 49 minutes, 54 seconds West
a distance of 197.16 feet to a point in the east Emlyn Lane;
thence along the east line of Emlyn Lane on a line curving to
the left having a radius of 750.00 feet and a arc length of
125.59 feet said arc being subtended by a chord of North 06
degrees, 57 minutes, 55 seconds West a distance of 125.44
feet to a point, the place of BEGINNING.
CONTAINING 29,404 Square Feet of land.
SAID lot being subject to a 20 foot wide landscape easement
along the eastern lot line.
BEING THE SAME PREMISES which Lindenwood, Inc. by deed dated August 31,1999 and recorded September
2,1999 In the Recorder's Office in and for Cumberland County, PA, in Record Book 207, page 107 granted and
conveyed unto James W. Hershey and Debra A. Hershey.
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