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HomeMy WebLinkAbout00-06248 ~L ~~ , - -.h:.! Stipulati~ns Against l~ns < Yong Duk Kim and Yong Ja Kim, husband and wife ~. -~ Jln tbe (!Court of (!Common llteali (!Countp of Owner Cumberland Docket Number ;;rm-u,J/.f'il fl-1 LO , Pennsylvania ~ Term t9- Fogarty Homes, lnc, Page Number Contractor Wbereali, Fogarty Homes, Inc. ('Contractor") of Front Street, Harrisburg, PA 17110 has entered into a contract with Yong Duk Kim and Yong Ja Kim, husband and wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 39 Blue Spruce Drive, Enola, PA 17025, , , Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which Yong Duk Kim and Yong Ja Kim, husband and wife is the title holder of record; and Wbereali, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or rnateriais furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. .:laoi.tl, \!rbili %lgreement Witnelilietb: That Contractor, for and in consideration of the contract aforesaid and the considerations rnentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be iegally bound hereby, does hereby covenant, prornise and agree, for Contractor and any and all subcontractors, materialmen, iaborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, rnaterials furnished and work and labor done. %lnll this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. %lnll, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pieas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all clairns or claim, liens or lien, filed by or for the Contractor, or any subcontractor or rnaterialman, or In the name of anyone or more of them against the building, improvements, lot of 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, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, reiease, and quit clairn all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: STIPULATION AGAINST L1ENS.DOC ~" ",-- -.....~ .-1 File No': 00-288 . , .,- ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, Connty of Cumberland, Commonwealth of Pennsylvania, more particularly bonnded and described as follows to wit: BEGINNING at a point on the southern right-of-way line of Blue Spruce Drive (50' Wide) at the dividing line between Lots No. 39 and No. 40 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 39 and No. 40, South 09 degrees 45 minutes 15 seconds East a distance of 100.00' to a point on the northern line of Lot No. 59; thence along the dividing line between Lots No. 39 and No. 59, South 80 degrees 14 minutes 45 seconds West a distance of90.00' feet to a point on the eastern right-of-way line of Elm Drive (50' wide); thence along the eastern right-of-way line of Elm Drive North 09 degrees 45 minutes 15 seconds West a distance of 75.00' feet to a point; thence by a curve, curving to the right having a radius of 25.00' and an arc length of 39.27' feet to a point on the southern right-of-way line of Blue Spruce Drive; thence along the southern right-of-way line of Blue Spruce Drive North 80 degrees 14 minutes 45 seconds East a distance of65.00' feet to a point, said point being the place of BEGINNING. BEING Lot No. 39 as shown on the Final Subdivision Plan of Penn Valley, Phase I, recorded in Plan Book 67, page 20. CONTAINING approximately 8,865.87 square feet. STIPULATION AGAINST L1ENS.DOC -~~ ,I __ ';"~"~~~Jtlillfc.llf1ll6:ji1ilm~~~jj1_II1!l]lj ]'J -- " , ^ -:\\::. ,fie? 0-;1 flllJ, III! ~ ,....~lU ,.llUlWmH.I " .' ""., . ,"~",". ...,. U ,.. '. , ~, ~ ~ ......... () ~" ' ' ; . I' '- CS ~ --0 ~ ~ "" ::, ~ ~ -,-" {~('j .e:.:c-- c~ I '~ -, . ~:~[-="" .~ ~ (-. s:;~ -< ---- ~ '" ::> ~ ---- ""-- ;;;--- ~ +- ~ , " ~ r. . c C~ ::;:'~ ~- . ,-.-.' ~,..) . I~l ~'d 1',1 .'"0 ::c.) --~i;~ \j?(l ~.) ,~) :-Q -<. II .' \:H ',I i' I t:] II: , " ,I II [-I ! i ! I II I ,~" ,=" ,'''',~<",~