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HomeMy WebLinkAbout01-2088 FX !I~~.",.,. 1IJ, " .. f Stipulation s Against Liens DAVID W. WALTERS and PAMELAA.C. WALTERS, husband and wife In the Court of Common Pleas County of Owner CUMBERLAND , Pennsylvania Docket Number () 1- :1..088 Term 20 W. LEE ROLAND Page Number Contractor Whereas, W. LEE ROLAND ('Contractor") of 337 WEST MEADOW DRIVE, MECHANICSBURG, PA 17055 has entered into a contract with DAVID W. WALTERS and PAMELA A.C. WALTERS, husband and wife ("Owner") of 1112 CARRINGTON COURT EAST, MECHANICSBURG, PA 17050 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 17 EMYLlN. LANE, MECHANICSBURG, PA 17055, UPPER ALLEN TOWNSHIP, CUMBERlAND County, PENNSYLVANIA described in Exhibit "A" hereof, of which DAVID W. WALTERS and PAMELA A.C, WALTERS, husband and wife is the title holder of record; and Whereas, 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 materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned 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 legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers 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, materials furnished and work and labor done. And 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. And, 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 Pleas 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 rnaterialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, 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, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same, !J{JIL,'l., (p ~ 2001 ~ f!dL ~~.WALT~ W. LEE ROLAND ~ Witness our hand and seal the day and year aforesaid, Signed and sealed in the presence of: i\ >';1 '-;'i;>@ll~ "")" ,,<j~_ ,,' "'c:"'7 _,_ I -'f' r~ ", , 2:\~'n.?: ~, ',' w:il::-:1 . ~ .... l' !' File N ).01-3784 ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as "Lindenwood, a Planned Community," located in Upper Allen Township, Cumberland County, Peunsylvania which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A sec. 5101, et scq., by tbe recording in tbe Office of tbe Recorder of Deeds of Cumberland Connty, Pennsylvania, the Declaration of Lindenwood, a Planned Community ("Declaration"), dated Angnst 28, 1997, and recorded Augnst 28, 1997, in Miscellaneous Book 555, Page 806, and as amended by First Amendment to Declaration for Lindenwood, a ptanned Commnnity ("First Amendment"), dated April 28, 1999 and recorded April 28, 1999, in the Office of the Recorder of Deeds of Cumberland Connty, Pennsylvania, in Miscellaneous Book _, page _, designated in snch Declaration (as amended by the First Amendment) as Lot No. 17 (Identifying Number), described in Section 2.2 of the Declaration (as amended by the First Amendment) and shown (and described) in Exbibit E of the Declaration or Exhibit B-1 of the First Amendment. Beginning at a point on the northern right-of-way of Emylyn Lane of the Final Subdivision Plan of Lindenwood, Phase II prepared by Dawood Engineering, Inc., dated December 1, 1998 and latest revision dated March 25, 1999, said point also being located at the southernmost corner of Lot no. 16 of the aforesaid Final Subdivision Plan; Thence along said Lot No. 16 North fifty four degrees eleven minutes twenty two seconds East (N 540 11' 22" E) a distance of two hundred sixty three and seventy nine hundredths feet (263.79 feet) to a point at the western line of Lot No. 45 of the Final Subdivision ptan of Lindenwood, Phase I prepared by Dawood Engineering, Inc. dated Febrnary 3, 1997 last revised September 28,1997; Thence along said Lot No. 45 and continning along Lot No. 44 of the above referenced Final Subdivision Plan of Lindenwood, Phase I South twenty degrees thirty minutes forty five seconds east (S 200 30' 45" E) a distance of one hundred uiueteeu and zero hundredths feet (119.00 feet) to a point ou the westeru liue of said Lot No. 44; Theuce along said Lot No. 44 South sixty degrees forty two miuutes sixteen seconds East (S 600 42' 16" E) a distauce of eighteen and seventy three hundredths feet (18.73 feet) to a point at the northernmost corner of Lot No. 18 of the aforementioned Fiual Subdivisiou Plan of Linden wood, Phase II: Thence along said Lot No. 18 South fifty two degrees thirteen minutes forty seconds West (S 520 13'40" W) a distance of two hundred forty and twenty hundredths feet (240.20 feet) to a point on the northern right-of-way of Emylyn Laue; Thence along the northern right-of-way of Emylyn Lane the following two (2) courses and distances; 1. By a curve to the right with a radius of three hundred fifty and zero hundredths feet (350.00 feet) an arc length of twelve and fifteen hnndredths feet (12.15 feet) with a chord bearing of north thirty six degrees forty eight minutes twenty seconds West (N 360 48' 20"W) and a cbord distance of twelve and fifteen hundredths feet (12.15 feet) to a point. 2. North thirty five degrees forty eight minutes thirty eight seconds West (N 350 48' 38" W) a distance of one hundred twenty seveu and eighty five bundredths feet (127.85 feet) to a point on the northern right-of-way of Emylyu Lane at the southernmost corner of the above mentioned Lot No. 16, the Place of Beginning; CONTAINING zero and seventy hundredths acres, more or less (0.77 +/-). "",.~"",,,, ~:". "1"',-""___0 '" , , "-0' .~\,}M,~-ji ::'1 I': ,'i 1'1 ~~ . J ,. 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