HomeMy WebLinkAbout02-4016 S TIP U LA TI_O~ G AINSTLIE NS
THIS AGREEMENT made the / ~:~ay of August 2002, by and between,
BYLER CONTRACTORS, of 11173 Stonewall Road, Shippensburg, Pennsylvania, hereinafter
referred to as Contractor,
AND
DANIEL S. DA VIS and BETH S. DA VIS, of 625 Shippensburg Road, Shippensburg, Pennsylvania,
hereinafter referred to as Owner,
WHEREAS, the said Contractor undertook and agreed to make certain improvements to
Ov~er's property situate in Franklin County, Pennsylvania, known as Lot 4, 627 Shippensburg Road,
Shippensburg, situate in Hopewell Township, Cumberland Count~', Pennsylvania, more fully
described in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for
and in consideration of the stun of One Dollar ($1.00) to said Contractor in hand paid by Owner, the
receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement
aforesaid, for himself, and his 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 improvements 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 improvements on the
lot above described, and the said Contractor, for himself, his subcontractors and others under him
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 August, 2002.
Signed, Sealed and Delivered in
the Presence of
Byler Contractors
D~'~e- S. Davis, Owne,.r
SCHEDULE"A"
ALL that certain tract of real estate lying and being situate in Hopewell Township,
Cumberland County, Pennsylvania, being more fully bounded and described as follows:
BEGINNING at a set parker kaion nail in the centerline of the Shippensburg Road;
thence along the Shippensburg Road, along a curve to the right having a delta angle of
North 13 degrees 04 minutes 52 seconds West, a radius of 415.92 feet, an arc of 94.96
feet, a tangent of 47.69 feet, a chord of 94.75 feet, and chord bearing of North 29 degrees
55 minutes 46 seconds West, to an existing railroad spike; thence along the same North
23 degrees 30 minutes 42 seconds West 108.88 feet to an existing railroad spike; thence
along a curve to the right having a delta angle of North 3 degrees 70 minutes 36 seconds
West, a radius of 199.81 feet, an arc of 22.17 feet, a tangent of 11.09 feet, a chord of
22.16 feet, a chord bearing of North 21 degrees 32 minutes 44 seconds West to an
existing railroad spike; thence along lands now or formerly of Church of God of
Cumberland Valley, North 75 degrees 59 minutes 44 seconds East, 502.73 feet to an
existing iron pin; thence along lands now or formerly of Roy J. and Barbara D. Rexroth,
South 28 degrees 48 minutes 09 seconds East 67.11 feet to an existing concrete
monument; thence along lands now or formerly of Stanley J. Rexroth, South 57 degrees
48 minutes 34 seconds West, 497.88 feet to an existing parker kalon nail, the point and
place of BEGINNING.
CONTAINING a total lot area of 1.6756 acres and being known as Lot No. 4 on a
Subdivision entitled "Final Subdivision Plan for Stanley J. Rexroth", dated September 27,
1999, and revised November 9, 1999, prepared by Eric L. Diffenbaugh, Professional
Land Surveyor, and recorded in Cumberland County Plan Book 80, at Page 49.
BEING part of the same real estate that Stanley J. Rexroth and Martha M. Rexroth, by
their deed dated and intended to be recorded prior to the recording of this mortgage in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
conveyed to Daniel S. Davis and Beth S. Davis, husband and wife, Grantor and
Mortgagors herein.