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HomeMy WebLinkAbout04-3934S TIP ULA TION A GAINS T LIENS THIS AGREEMENT made the c~tCtday of June 2004, by and between HOFFMAN'S CUSTOM CONTRACTING, INC., hereinafter referred to as Contractor, and ALAN G. DAVIS and KRISTI L. DAVIS, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot &ground situate at Lot 36 Prickly Pear Drive, North 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 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 June, 2004. Signed, Sealed and Delivered in the presence of Alan G. Davis, Owner HOFFMAN'S CUSTOM CONTRACTING, INC. . Timothy D.tF[offinan, P~esident State of Pennsylvania County of Cumberland :SS On this, the C>~ ~t~ty of June, 2004, before me the undersigned officer, personally appeared Alan G. Davis and Kristi L. Davis, 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 36 Prickly Pear Drive, 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. 2 State of Pennsylvania County of Cumberland : SS On this, th~:;~'d-ay of June, 2004, 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 wimess whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notadal Seal South~ammie L. Pe{em, Notary Public I Uidcl~eton Twp., Cumbaland County My Commis.sion Expires Sept. 9. 2007 Member, Pennsylvania Association Of Notaries LEGAL DESCRIPTION ALL THAT CERTAIN 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 a 50 foot wide right-of-way known as Prickly Pear Drive; thence from said point along the dividing line between Lots Nos. 36 and 37 of the hereinafter mentioned subdivision plan, South 02 degrees 18 minutes 19 seconds West, a distance of 218.92 feet to a point; thence continuing along the dividing line between Lots Nos 36 and 37, South 88 degrees 54 minutes 40 seconds East, a distance of 161.80 feet to a point along the dividing line between Lots Nos. 36 and 38 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 15 degrees 47 minutes 18 seconds East, a distance of 355.85 feet to a point; thence continuing along said dividing line, South 21 degrees 47 minutes 05 seconds East, a distance of 295.06 feet to a point along line of lands now or formerly of Stephen W. Browere and Susan D. Rose; thence continuing along line of said lands now or formerly of Browere and Rose, South 34 degrees 18 minutes 34 seconds West, a distance of 718.54 feet to a point along the Conodoguinet Creek; thence continuing along said Conodoguinet Creek, North 30 degrees 31 minutes 21 seconds West, a distance of 179.77 feet to a point; thence North 19 degrees 15 minutes 24 seconds West, a distance of 116.11 feet to a point along the dividing line between Lots Nos. 36 and 43 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 45 degrees 38 minutes 50 seconds East, a distance of 329.81 feet to a point along the eastern side of an existing private drive known as West Slate Hill Road; thence continuing along said dividing line and West Slate Hill Road, North 28 degrees 54 minutes 05 seconds West, a distance of 240.00 feet to a point; thence continuing along line of lands now or formerly ofL. Sanford Alwine and Lois J. Alwine, North 28 degrees 54 minutes 05 seconds West, a distance of 125.00 feet to a point; thence continuing along the dividing line between Lots Nos. 36 and 44 of the hereinafter mentioned subdivision plan, North 28 degrees 54 minutes 05 seconds West, a distance of 100.00 feet to a point along line of lands now or formerly of Donald L. Ward; thence continuing along line of lands now or formerly of Donald L. Ward, North 28 degrees 54 minutes 05 seconds West, a distance of 300.00 feet to a point; thence continuing along line of lands now or formerly of John A. and Helen T. Ward, North 46 degrees 49 minutes 23 seconds East, a distance of 31.98 feet to a point; thence along the dividing line between Lots Nos. 35 and 36 of the hereinafter mentioned subdivision plan, North 65 degrees 58 minutes 50 seconds East, a distance of 134.64 feet to a point; thence continuing along said dividing line, North 20 degrees 23 minutes 55 seconds East, a distance of 215.30 feet to a point along the southern side of Prickly Pear Drive (50 foot wide right-of-way) by a curve to the left having a radius of 285.00 feet, an arc length of 90.00 feet, a chord bearing of South 78 degrees 38 minutes 53 seconds East and chord length of 89.63 feet to a point along the southern side of said Prickly Pear Drive, being the point and place of BEGINNING. CONTAIN/NG9.53 acres. BEING Lot No. 36 of the Final Subdivision Plan for Phase I of Hillcrest Farms West, 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.