HomeMy WebLinkAbout02-3091WAIVER OF RIGHT TO FILE MECHANICS'
I,I~NS AND MECHANICS' LIEN CLAIMS
THIS INSTRUMENT, made thisg~day of '~ ,2002, by and between
ENSMINGER BUILDER, INC., a Pennsylvania corporation, of 1223 East Chocolate Avenue,
Hershey, Pennsylvania 17033 (the "Contractor") and DANIEL F. SPANGLER and CAROL L.
SPANGLER, husband and wife, of 101 Gentry Court, Palmyra, Pennsylvania 17.078 (the
"Owner").
WITNESSETH:
WHEREAS, Owner owns all that certain tract of real estate situate in East Hanover
Township, Dauphin County, Pennsylvania, all as more particularly described on Exhibit "A"
attached hereto and made a part hereof (the "Land"); and
WHEREAS, Owner intends to have Contractor construct a single family residence on the
Land (the "Improvement"); and
WHEREAS, in connection therewith Owner and Contractor have entered into an
agreement (the "Contract") whereby Contractor has agreed to provide all materials and perform
all labor necessary for the construction of the residence.
NOW, THEREFORE, it is hereby stipulated and agreed by and between Owner and
Contractor, that neither Contractor, any subcontractor or materialman, nor any other person
furnishing labor or materials to Contractor for the performance of said agreement with Owner or
under said agreement, shall file a lien or claim, commonly known as a mechanic's lien or
mechanic's lien claim, against the Land or against the Improvement to be constructed thereon, or
against any interest of Owner therein for the work and materials done or furnished or any pa~
thereof.
This stipulation and waiver of mechanic's liens and mechanic's lien claims is an
independent covenant and is not dependent on any of the covenants in the Contract.
This stipulation and waiver of mechanic's liens and mechanic's lien claims is made and
intended to be filed in the Office of the Prothonota_~y of Dauphin County, Pennsylvania, in
accordance with the provisions of the Act of Assembly of August 24, 1963, P.L. 1175, No. 497,
Article IV, Section 402 (Purdon's Tit. 49, Section 1402).
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
executed this Waiver on the date first above inscribed.
ATTEST: CONTRACTOR
ENSMINGER BUILDER, INC.
WITNESS:
EXHIBIT A
Commencing at the Southeast comer of the property of Stanley and Helen Steigerwalt as
described in Deed Book 845, Page 174, said point also lying on the Westerly right-of-
way line of North Mill Road (T-516) and being the POINT OF BEGINNING of this
description:
Thence along lands now or formerly of John and Gloria Gencavage (D.B. "L", Vol. 58,
Pg. 269), Gaxy Price (D.B. 367, Pg. 279), Loyd and Dianne Light (D.B. 133, Pg. 25),
David and Pamela Azzato (D.B. 1294, Pg. 405) and Irvin and Beverly Sanders (D.B. C,
Vol. 61, Pg. 927) South 79 degrees 46 minutes 7 seconds West a distance of 818.79 feet;
thence along lands now or formerly of Glen and Helen Witmer (D.B. 1043, Pg. 190)
North 20 degrees 34 minutes 48 seconds West a distance of 162.42 feet; thence North 79
degrees 19 minutes 7 seconds East a distance of 799.32 feet to a point on the Westerly
right-of-way of North Mill Road (T-516); thence continuing along said road right-of-way
South 17 degrees 37 minutes 56 seconds East a distance of 96.97 feet; thence continuing
along said right-of-way along a cimular curve to the left, having a radius of 115.23 feet,
chord bearing of South 37 degrees 36 minutes 2 seconds left, chord distance of 78.70
feet, for an arc.. }gngth of 115.23 feet to the POINT OF BEGINNING.
Subject to any easeth~nts and right-of-ways of record.
Also known as'lot 1 rff the "Steigerwalt Property Subdivision" as recorded in the public
records of Dauphin Cgunty, Commonwealth of Pennsylvania in Plan Book A, Vol. 8 at
Page 12.
Said lands si ~tt~te, lying and being in East Hanover Township, Dauphin County,
Commonwealth 0fPennsylvania and containing 2.990 acres more or less.