Loading...
HomeMy WebLinkAbout01-6922STEPHEN E. ENCK and LORI A. ENCK Owner v YANEK CUSTOM HOMES, INC. Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- [_oqa / C6 ,~TIPITI,ATION AC~AINRT I,IKN~ WHEREAS, Stpehen E. Enck and Lori A. Enck of Newville, Cumberland County, Pennsylvania, are about to execute contemporaneously herewith, a contract with Yanek Custom Homes, Inc. for the execution of a home situate in Boiling Springs, Cumberland County, Pennsylvania, more particularly bounded and described on the attached Exhibit A. NOW, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owners to the said Contractor to commence work on the said building, or purchase materials for the same, in consideration of the making of the said contract with Contractor and the further consideration of One Dollar, to be paid to Contractor, it is agreed that no lien shall be filed against the building by the Contractor, or any Sub-Contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS our hands and seals the [ ff~4day of t~t 0 [/e~ ,2001. Signed, Sealed and Delivered in the presence of ~teph~n E. F~cl~ Yanek Custom Homes, Inc. By~.~'~>~~. ~.~o~ ontractor LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, and more particularly identified as follows: BEGINNING at a point on the right of way line of Mulberry Court (50 feet right of way) at the intersector of Lot 123 and Lot No. 122 of the aforementioned Plan; thence South 28 degrees 19 minutes 26 seconds East a distance of 129.42 feet to a point on the dividing line between Lot Nos. 112, 122, and 123 of the aforementioned Plan; thence North 55 degrc~o 28 minutes 14 seconds East a distance of 211.17 feet to a point; thence North 79 degrc~ 15 minutes 35 seconds East a distance of 142.82 feet to a point; thence North 52 degrc~ 34 minutes 00 seconds West a distance of 203.39 feet to a point; thence North 88 degrees 39 minutes 52 seconds West a distance of 203.01 feet to a point; thence South 20 degrees 11 minutes 44 seconds West a distance of 55.00 feet to a point on the right of way line of Mulberry Court (50 feet right of way); thence along said right of way by a curve to the right having a radius of 60.00 feet, a Delta of 131-28-50, a chord bearing of South 04 degrees 03 minutes 51 seconds East, and a chord distance of 109.40 feet to a point on the right of way line of Mulbe~-y Court (50 feet right of way) the point and place of BEGINNING. CONTAINING 1,307 acres. LOT No. 122 is subject to all associated rights and provisions of a Storm Drainage Easement and a 30 feet wide Sanitary Sewer Easement. LOT No. 122 is subject to ali applicable notations and conditions set forth by t'mal subdivision plan approval of Indian Hills, Section No. II.