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HomeMy WebLinkAbout04-1775Stipulations Against Liens Dwain W.. Koser and Nicole Koser, his wife Randall A. Brenize tin the Caurt sf Eommon ~Ieaz Csuntp of Cumberland Docket Number Page Number · Pennsylvania Term:~O0~ 200~ t~)~erea~, Randall A. Brenize ('Contractor") of 728 R0xbury Road, Shippensburg, PA 17257 has entered into a contract with Dwain W. Koser and Nicole Koser, his wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 46 Springfield Road, Shippensburg, PA 17257, Southampton township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Dwain W. Koser and Nicole Koser, his wife is the title holder of record; and t~erea,, 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. ~0~, ~;I)i~ ~{greement ~itne~5et~: 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, materialman, 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. ~[tlb 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. ~r~b, 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 end 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 materialman, 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 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: . Ow, aiO W. Koser, 1 Nieol,e;-~oserj, Randall A. Br~nize EXHIBIT A CTA0134 ALL those two tracts of land in Southampton Township, Cumberland County, Pennsylvania, known and numbered as Lot I-A and Lot 2 on a Subdivision Plan by John R. Kissinger, R.S., dated September 16, 1987, recorded in Cumberland County Plan Book 54, Page 100, more paAiculady bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at an iron pin at the corner of said Lot No. 1 on a Subdivision Plan for Guy W. Koser dated September 16, 1987; thence NoAh 48 degrees 54 minutes 00 seconds East, a distance of 221.93 feet along other lands now or formerly of Guy W. Koser to an iron pin; thence continuing along other lands now or formerly of Guy W. Koser, South 36 degrees 24 minutes 30 seconds East, a distance of 92.66 feet to an iron pin; thence along Lot No. 2 on the aforesaid Subdivision Plan, South 50 degrees 57 minutes 30 seconds West, a distance of 161.37 feet to an iron pin; thence continuing by said Lot No. 2, South 15 degrees 4 minutes 54 seconds West, a distance of 65.64 feet to an iron pin; thence continuing along Lot No. 1, NoAh 40 degrees 30 minutes 00 seconds West, a distance of 123.00 feet to the point and place of beginning. TRACT NO. 2: BEGINNING at a railroad spike in the centerline of the Big Spring Road, Township Road T-333; thence along lands now or formerly of Dwain W. Koser, NoAh 40 degrees 30 minutes 00 seconds West, a distance of 177.00 feet to an iron pin; thence along Lot I-A on the aforesaid Subdivision Plan, NoAh 15 degrees 4 minutes 54 seconds East, a distance of 65.46 feet to an iron pin; thence along Lot l-A, NoAh 50 degrees 57 minutes 30 seconds East (inadvertently referred to as NoAh 57 minutes 30 seconds East in prior recorded instruments), a distance of 161.37 feet to an iron pin; thence along lands now or formerly of David W. Koser and Nancy L. Koser, South 36 degrees 24 minutes 30 seconds East, a distance of 215.54 feet to a railroad spike in the centerline of Big Spring Road, Township Road %333; thence over the centerline of Big Spring Road, Township Road T-333, South 50 degrees 57 minutes 30 seconds West, a distance of 200.00 feet to a railroad spike, the point and place of beginning, CONTAINING a total area of 1.003 acres, more or less per Subdivision Plan and survey by John R. Kissinger, R.S., dated September 16, 1987. Being the same premises which David W. Koser and Nancy L. Koser, by her Attorney-in-Fact, David W. Koser, by virtue of Power of Attorney dated May 26, 1994, by deed dated January 22, 1996, and recorded February 9, 1996, in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book 134, Page 999, granted and conveyed unto Dwain W. Koser, single person. And being the s]me, two tracts of real estate which Dwain W. Koser, joined by his wife, Nicole Koser, by deed dated/~ql..~,,y, and recorded , in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book , Page , granted and conveyed unto Dwain W. Koser and Nicole Koser, his wife.