HomeMy WebLinkAbout07-4065
3TIP[JLATION AGAINST LIENS
TQ Property Services, LLC,
Owner
versus
Yanek Custom Homes, Inc.,
Contractor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
o I ~~ ~ LD TERM
THIS AGREEMENT made this ~6 rH day of .~uNE 2007, by and
between YANEK CUSTO[~! HOMES, TNC., hereinafter referred to as
Contractor,
AND
TQ Property Services, LLC, hereinafter referred to as Owners,
whereby the contractor undertook and agreed to erect and construct
a dwelling on the certain lot of ground situate in Dickinson
Topnship, Cumberland County, Commonwealth of Pennsylvania, and more
fully described in Exhibit "A" which is attached hereto and made a
part hereof known as Lot #47, Callapatseink, Dickinson Tov~tiship,
Cumberland County, PA.
NOW THEREFORE, THIS AGREII~NT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or themselves and its, his
or their subcontractors, and all parties acting through or under
them, covenant and agree that no mechanic's liens or claims shall
be filed or maintained by them or any of them against the said
buildings and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of
them under said contract or otherwise, for, towards, in, or about
the erection and construction of the said buildings on the lot
above described, and the said Contractor, for itself, himself or
themselves, its, his or their 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 said buildings
or any of them, and agree that this instrument, waiving the right
of lien, shall be an independent covenant.
WITNESS our hands and seals the day and year first above
written.
Signed, sealed and delivered
in the presencg1of
YANEK C T M C.
. By: Steve ne
. Title: Pr i n
EXHIBIT "A"
ATTACHED LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the southern right-of-way line of
Rapuano Way and the Northwest corner of Lot 46 on the hereinafter
mentioned Plan; thence along said Lot 46 and the western side of a
storm water easement, South 37 degrees 56 minutes 00 seconds East,
a distance of 451.09 feet. to a point in line of lands now or
formerly of Phillip G. and Candace G. Benoit; thence along said
line of lands now or formerly of Phillip G. and Candace G. Benoit
and along line of lands now or formerly of D&S Custom Homes, North
79 degrees 26 minutes 14 seconds West, a distance of 268.37 feet
to a point at the corner of lands now or formerly of Lloyd E.
Herman, Jr. and Ruth Ann Herman and Lot 48 on the hereinafter
mentioned Plan; thence along said Lot 48, North 30 degrees 18
minutes 18 seconds West., a distance of 290.49 feet to a point in
the southern right-of-way line of Rapuano Way; thence along said
southern right-of-way line of Rapuano Way, North 81 degrees 20
minutes 41 seconds East, a distance of 5.49 feet to a point;
thence continuing along said southern right-of-way line of Rapuano
Way by a curve to the left, having a radius of 275.00 feet and an
arc distance of 140.52 feet to a point, the Place of BEGINNING.
BEING Lot No. 47 on Final Subdivision Plan, Phase Number One
of Callapatscink, which is recorded in the Office of the Recorder
of Deeds in and for Cumberland County, in Plan Book 69, Page 20.
C:\Office - Real Estate 2007\10611.1exhibitA.doc
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