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HomeMy WebLinkAbout04-2869H&B Homes Owner V H&M Enterprises, Inc. Contractor :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA S__TI__PULATION AGAINST LIENS V*qtEREAS, H&B Homes, a Pennsylvania Partnership, (OWNER), are about to execute contemporaneously herewith a contract with H&M Enterprises, Inc. (CONTRACTOR), for the execution of a home situate at Lot 33, Prickly Pear Drive, Hillcrest Farms West, Carlisle, 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 fnrther consideration of One Dollar ($1.00), to be paid to Contractor, it is agreed that no lien shall be filed against the building by the Contractor, or any Subcontractor, nor by any of the materialmen or workmen or any 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 Signed, Sealed and Delivered in the presence of day ofg/,&.n~ a_ , 2004. H&B Homes, Owner Ray L. Wolfe, H&M Enterprises, Inc., Contractor -~len L. Anderson, G(fieral Manager EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the southern side of Prickly Pear Drive, a 50.00 foot wide right-of-way, at the dividing line between Lots Nos. 33 and 34 of the hereinafter mentioned subdivision plan; thence continuing along same, South 56 degrees 35 minutes 07 seconds West, a distance of 216.52 feet to a point at line of lands now or formerly of John A. Ward and Helen T. Ward; thence continuing along same and also along line of lands now or formerly of Thomas G. Banks, Sr. and Thomas G. Banks, Jr., North 26 degrees 05 minutes 54 seconds West, a distance of 133.90 feet to a point at the dividing line between Lots Nos. 32 and 33 of the hereinafter mentioned subdivision plan; thence continuing along same, North 63 degrees 54 minutes 06 seconds East, a distance of 184.09 feet to a point; thence still along same, North 76 degrees 30 minutes 02 seconds East, a distance of 36.08 feet to a point along the southern side of said Prickly Pear Drive; thence continuing along same by a curve to the left, having a radius of 285.00 feet, an arc length of 99.06 feet, on a chord bearing of South 23 degrees 27 minutes 25 seconds East, and a chord length of 98.56 feet to a point along the southern side of said Prickly Pear Drive, being the Place of BEGINNING. CONTAINING 0.69 acres and being Lot No. 33 of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., dated February 20, 2002 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333.