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HomeMy WebLinkAbout03-6105S TIP ULA TION A GAINS T LIENS THIS AGREEMENT made the 20th day of November, 2003, by and between HOFFMAN' S CUSTOM CONTRACTING, INC. hereinafter referred to as Contractor, and JOHN W. CARBAUGH and JOANN L. CARBAUGH, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at 103 Ashton Street, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, known as more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and 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 themselves and 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 themselves, 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 this ~ day of ~/]~]~41fl~ , 2003. Signed, Sealed and Delivered in the presence of HOFFMAN'S CUSTOM CONTRACTING, INC. By: Timothy D. H6ffinan, Con'l}actor/President augh, Owner State of Pennsylvania County of Cumberland :SS On this, the ~ay of November, 2003, before me the undersigned officer, personally appeared John W. Carbaugh and JoAnn L. Carbaugh, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and who acknowledge themselves to be the Owners of 103Ashton Street, Carlisle, Pennsylvania and that they as such owners, executed the foregoing statement for the purposes therein contained by signing their names. In witness whereof I have hereunto set my hand and notarial seal. Notary Public-- COMMONWEALTH OF PENNSYLVANIA Noia~al Seal Tammie L. Pele~, NotaBt Pubtic My Commisskm Expires SepL 9, 2007 Member, Pennsylvania Association Of Notaries State of Permsylvania County of Cumberland SS On this, the 2~st~ay of November, 2003, before me the undersigned officer, personally appeared Timothy D. Hoffman, the President of Hoffman's Custom Contracting, Inc. a Pennsylvania corporation, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he, as said President, executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Nmarfal Sea~ ) Ta~ L. Peters, Notary PulYfici Member, Pennsylvania Association Of Notaries LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Dickinson township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision plan for Clarendon, prepared by Statler-Brehm Associates, Inc., dated June 10, 1998 consisting of 14 pages, a copy of which was recorded in the hereinafter named Recorder's Office on August 19, 1998 in Plan book 77, Page 56, which Subdivision Plan for Clarendon is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of 50 feet wide Ashton Street at the dividing line between Lots Nos. 28 and 29; thence along said southern line of said 50 feet wide Ashton Street South 57 degrees 03 minutes 52 seconds Est a distance of 63.84 feet to a point; thence along the southern line of Ashton Street cul-de-sac by a curve to the right having a radius of 40.00 feet an arc distance of 51.18 feet to a point; thence still along said Ashton Street cul-de-sac, by a curve to the left having a radius of 61.00 feet an arc distance of 67.41 feet to a point at the dividing line between Lots Nos, 27 and 28; thence by said dividing line between said Lots Nos. 27 and 28, the following two courses and distances: (1) South 32 degrees 58 minutes 08 seconds East a distance of 148.93 feet to a point; and (2) South 48 degrees 27 minutes 35 seconds East a distance of 186.82 feet to a point in line of land now or formerly of Dennis L. Calaman and wife; thence along line of said land now or formerly of said Dennis L. Calaman and wife, South 57 degrees 03 minutes 52 seconds West a distance of 200.00 feet to a point at the dividing line between said Lots Nos. 28 and 29; thence along said dividing line between said Lots Nos. 28 and 29, North 32 degrees 56 minutes 08 seconds West a distance of 400.00 feet to a point; on the southern line of said 50 feet wide Ashton Street at the Place of BEGINNING. THE ABOVE described lot of land is all of Lot No. 28 as shown on said Subdivision for Clarendon and contains a net area of 61.435 square feet, more or less, and has a mailing address of 103 Ashton Street, Carlisle, Pennsylvania 17013. 4