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HomeMy WebLinkAbout04-2812WAIVER OF LIENS THIS AGREEMENT made this ~ day of ~ , 2001, between CORY L. EISENHOWER of 4475 PANZA DRIVE. MECHANICSBURG. PA 17050 ("Owner"), and LNL ENTERPRISES. INC. ("Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed wdtten agreement bearing even date herewith (the "Contract") Owner anc~/~ontraptor_,~haye c~r/tracte~_~or the erection, construction and completion of /~.~."~l~-// ~)~"~d~/.~_ (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 matedalsmen'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 another 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, matedalsmen 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 fumished 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. 2. This Agreement waiving the dght of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials fumished 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 consists 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 of some or any of them. For purposes of this Agreement, the singular 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 wdtten. WITNESS PRESENT: (SEAL) (SEAL) (SEAL) (SEAL) Sworn to and subscribe before me this ~ day of Notary P~l~)lic EXHIBIT "A" LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1 BEGINNING at a nail in the center line of a thirty (30) foot right-of-way (Panza Drive), at the northerly line of lands now or late of Harold R. Rockey; thence by said Rockey lands South sixty-three (63) degrees fifty-two (52) minutes West a distance of one hundred ninety-two and forty-nine hundredths (192.49) feet to a pin at Sierer's Run; thence by Sierer's Run North twenty-three (23) degrees forty-nine (49) minutes five (05) seconds West a distance of five hundred sixty-one and eighty-two hundredths (561.82) feet to a pin; thence by lands now or late of Trayer the following four courses and distances: (1) North thirty-three (33) degrees forty (40) minutes East a distance of one hundred fifteen (115) feet to a found pipe; (2) South sixty-one (61) degrees thirty-five (35) minutes East a distance of one hundred fifty-seen and sixty hundredths (157.60) feet to a pin; (3) North fifty-one (51) degrees zero (00) minutes East a distance of forty-six and fifty hundredths (46.50) feet to a pin; (4) North seventy-eight (78) degrees ten (10) minutes East a distance of fifteen (15) feet to a found pipe in the center line of Panza Drive; thence through the center line of Panza Drive South sixteen (I 6) degrees fifty-four (54) minutes East a distance of five hundred four (504) feet to the place of BEGINNING. HAVING THEREON erected a mobile home and flame addition and contianing 2.879 a~res. TRACT NO, 2 BEGINNING at an iron pipe on the eastern side of Sierer's Run and the southern line of Tract No. 1; thence by Tract No. 1 North sixty-four (64) degrees twelve (12) minutes East a distance of one hundred ninety-two (192) feet to an iron pope; thence South sixteen (I 6) degrees thirty-four minutes East a distance of forty-seven and thirty-two hundredths (47.32) feet to a railroad spike; thence South twenty-five (25) degrees four (04) minutes West a distance of one hundred forty-nine and sixty4hree hundredths (149.63) feet to an iron pipe; thence South fifty-nine (59) degrees forty-two (42) minutes West a distance of seventy-three (73) feet to a point on Sierer's Run; thence by Sierer's Run North twenty-four (24) degrees ten (10) minutes West a distance of one hundred forty-seven (147) feet to the place of BEGINNING. This conveyance is made under and subject to reservations and restrictions appearing in prior deeds as well as to the thirty (30) foot private right-of-way referred to therein, and to rights of the Hampden Township Authority in a certain sanitary sewer right-of-way. Parcel # 1.) 10-18-1316-056 Parcel # 2.) 10-18-1316-057 FOR INFORMATIONAL PURPOSES ONLY: Cumberland County has the property assessed as 4485 Panza Drive.