HomeMy WebLinkAbout04-0878S TIP ULA TION A GAINS T LIENS
THIS AGREEMENT made the 27th day of February, 2004, by and between KOSTYAK
HOME BUILDERS, hereinafter referred to as Contractor, and BRADLEY W. KOSTYAK and
BARBARA A. KOSTYAK, husband and wife, 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 Lot 66, Indian Hills-Section 1II, South Middleton Township, Cumberland County, Pennsylvania,
known as more fully described in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, WlTNESSETH: That the said Contractor, for and in consideration of
the stun 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 cia/ms 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 27th day of February, 2004.
Signed, Sealed and Delivered
in the presence of
Barbara A. Kostyak, Owner/-
Kostyak H~ne Builders,/
Contractor
State of Pennsylvania
County of Cumberland
:SS
:
On this, the 27th day of February, 2004, before me the undersigned officer, personally
appeared Bradley W. Kostyak and Barbara A. Kostyak, 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 Lot 66, Indian Hills-Section III, Boiling Springs, Pennsylvania and that they as
such owners, executed the foregoing statement for the purposes therein contained by signing their
names.
Dolly M. HouseL Nota~ Public
SOC~ MiddlotOn TWp., ?umbefland .C.~nty
My Commkssion F-xpire~q Sel~. 24, x
In witness whereof I have hereunto set my hand and notarial seal.
2
State of Pennsylvania
County of Cumberland
SS
On this, the 27th day of February, 2004, before me the undersigned officer, personally appeared
Bradley W. Kostyak, the Sole Proprietor of Kostyak Home Builders, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument and acknowledged that
he, as said Sole Proprietor, executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
South Middle'ion Twp., Cumbeflan0 Gour~
My ~mi~ ~r~ Se~, 24, 2~
LEGAL DESCRIPTION
BEGINNING at a point along the southern fight of way line of Evergreen Drive (a 50 foot right
of way) at the dividing line of Lot No. 65 and Lot No. 66 of the aforementioned Subdivision
Plan; thence along said southem right of way line of Evergreen Drive (a 50 foot right of way),
South 88 degrees 58 minutes 00 seconds East, a distance of 107.59 feet to a point at the dividing
line of Lot No. 66 and Lot No. 67 of the aforementioned Subdivision Plan; thence along said
dividing line, North 01 degrees 02 minutes 00 seconds East, a distance of 150.00 feet to a point;
thence North 88 degrees 58 minutes 00 seconds West, a distance of 107.59 feet to a point at the
dividing line of LOt No. 65 and Lot No. 66 of the aforementioned Subdivision Plan; thence along
said dividing line, South 01 degrees 02 minutes 00 seconds West, a distance of 150.00 feet to a
point at the dividing line of Lot No. 65 and Lot No. 66 at the southern right of way line of
Evergreen Drive ( a 50 foot right of way), the point and place of BEGINNING.
CONTAINING 16,138.50 square feet.
LOT No. 66 is subject to all associated rights and provisions of a 30 feet wide Storm Drainage
Easement
LOT No. 66 is subject to all applicable notations and conditions set forth by final subdivision
plan approval of Indian Hills, Section No. III.
Exhibit "A"