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HomeMy WebLinkAbout02-1189 IRWIN. Mc. KNIGHT & HUGHES 60 West Pomfret Stree~ Carlisle, Pennsylmnia 17013-3222 THIS AGREEMENT, made and concluded this ~'~ day of March, 2002 between KEITH E. BISTLINE AND ANGELA C. BISTLINE, HIS WIFE of 175 Media Road, Carlisle, Pennsylvania, 17013, parties of the first part {beminaf~er called Owner), WOLF BUILDERS, INC., with its principal offices located at 35 Kutz Road, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part (hereinaP~er called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated ,2002, entered into a written contract for construction of a single family dwelling located at Lot 33 Jessica Drive, Greystone Acres, West Pennsboro Township, Cumberland County, Pennsylvania as set forth in Deed Book 210, Page 277, and as more particulars described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the ennWact aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Con.actor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of tham for and about said building or buildings or any part thereof, or on credit thereof, and that ail sub-contractors, materialmen, and laborers on said work shall look to and bold Contractor personally liable for all sub-contracts, 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 furnished under said contract for end about the erection, constxuction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental conWact for extra work in the erection, consU-uction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said ConUactor for himself, themselves, itself, hereby irrevocably authorlzcs and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Picas as Attorney for him, tham or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Material men, any and ail claims or claim, lien or liens, filed by or for the ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, T~m and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: WOLF BUILDERS, INC. Owner Owner .(SEAL) (SEAL) (SEAL) Contractor EXIBIT "A" ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Greystone Acres consisting of nine sheets prepared by Louis J. Harford, Registered Surveyor, dated June 14, 1996, a copy of which was recorded in Plan Book 72, page 70 as follows: BEGINNING at a point on the southwestern line of Jessica Drive cul de sac which has a radius of 60 feet at the dividing line between Lots Nos. 33 and 34; thence from said point at the Place of BEGINNING along said line of Jessica Drive cul de sac by curve to the left an arc distance of 93.28 feet to a point; thence still along the line of said Jessica Drive cul de sac by a curve to the fight an arc distance of 23.55 feet to a point on the southern line of 50 feet wide Jessica Drive; thence along said southern line of 50 feet wide Jessica Drive, South 81 degrees 19 minutes 02 seconds East a distance of 174.57 feet to a point at comer of land shown on Plan of Lots of G-reystone Acres recorded in Plan Book 64, Page 75; thence along line of said Plan of Greystone Acres South 13 degrees 07 minutes 00 seconds West a distance of 251.75 feet to a point in line of land now or fom~erly of Dean E. Chamberlin and Nikki F. Chamberlin; thence along the northern line of said land now or formerly of Dean E. Chamberlin and Nikki F. Chamberlin and continuing along the northern line of land now or formerly of Jeffrey A. Heckman and Sherri S. Heckman, North 76 degrees 48 minutes 47 seconds West a distance of 463.83 feet to a point at the dividing line between Lots 33 and 34; thence along said dividing line between Lots 33 and 34, the following three courses and distances (1) North 13 degrees 11 minutes 13 seconds East a distance of 72.39 feet to a point; (2) North 72 degrees 29 minutes 25 seconds East a distance of 196.24 feet to a point; and (3) North 43 degrees 47 minutes 04 seconds East a distance of 38.75 feet to a point on the southwestern line of Jessica Drive cul de sac which has a radius of 60 feet at the Place of BEGINNING The above described lot of land is all of Lot No. 33 as shown on said Final Subdivision Plan for G-reystone Acres, Phase II recorded in Plan Book 72, Page 70 and contains an area of 2.03 acres, more or less.