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Home My WebLink About08-0090 n f. Stipulations Against Liens HOME DESIGNS UNLIMITED, LLC Owner HOME DESIGNS UNLIMITED, LLC Contractor DECEMBER 21, 2007 ~n t>Eje court of common ~Iea~ ~ountp of Cumberland Docket Number ~g - ~ /)')!~ Page Number Pennsylvania Term 20 ~~jerea~, HOME DESIGNS UNLIMITED, LLC ("Contractor") of /VCw ~!~ Lam. ,has entered into a contract with HOME DESIGNS UNLIMITED, LLC ("Owner") of Post Office Box 387, New Kingstown, PA 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot # 119, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which HOME DESIGNS UNLIMITED, LLC is the title holder of record; and ~~jerea~, 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. ,tutu, ~C~ji~ agreement '~ttueggetl[j: 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. ~nb 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. ~ttb, 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 materialmen, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, or in the name of any one 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. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: ti ~ . LEGAL DESCRIPTION LOT NO. 119 PHASE V WESTGATE DEVELOPMENT SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PA May 30, 2007 BEGINNING at a point on the southern right-of--way line of Westgate Drive, (a fifty- foot right-of--way), said point being located the following two (2) courses from the terminus of a curve connecting the southern right-of--way line of Westgate Drive with the western right-of--way line of Parkway Drive (1) by a curve to the left, having a radius of one thousand nine hundred seventy-five feet (R=1975.00'), an arc distance of fifty-six and forty-four hundredths feet (A/L=56.44'), (2) South seventy-eight degrees, thirty minutes, zero seconds West (S 78° 30' 00" W),a distance of four hundred sixty-four and seventy hundredths feet (464.70'); thence from said point of Beginning by Lot No. 118, South eleven degrees, thirty minutes, zero seconds East (S 11 ° 30' 00" E), a distance of two hundred fifty and twenty-five hundredths feet (250.25) to a point on the line of Lot No. 104 of Phase VI, Westgate; thence by Lot No. 104 and 103 respectively, South seventy-six degrees, forty minutes, zero seconds West (S 76° 40' 00" ilk, a distance of eighty and four hundredths feet (80.04) to a point; thence by Lot No. 120, North eleven degrees, thirty minutes, zero seconds West (N 11 ° 30' 00" W), a distance of two hundred fifty-two and eighty-one hundredths feet (252.81) to a point on the southern right-of--way line of Westgate Drive; thence along the southern right-of--way line of Westgate Drive, North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30' 00" E), a distance of eighty feet (80.00) to a point, the place of Beginning. Containing 20,122.08 sq ft or 0.4619 acres. R ~ w (~ rv <-~ -,~- r;, ~ c._.. --~ ~~ C ~ d ~' . -..i ,~ rr, 'J ~ ~ = :) cn ~ ..,~