HomeMy WebLinkAbout09-0593_.,.~
~ Stipulations Against Liens
HOME DESIGNS UNLIMITED, LLC
Owner
HOME DESIGNS UNLIMITED, LLC
JANUARY 20, 2009
~1n tie court of ~ommau ~Cea~ ~lCouutp of
Cumberland
Pennsylvania
Docket Number 09 - 5q 3 Ml-D Term 20
Co»tractor
Page Number
~IJereas, Home Designs Unlimited, LLC ("Contractor") of PO Box 387 New Kingston, Pa 17072, has entered
into a contract with HOME DESIGNS UNLIMITED, LLC ("Owner") of PO Box 387, New Kingstown, PA 17072, for the
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #1 Center Street, Enola,
PA 17025East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which HOME
DESIGNS UNLIMITED, LLC is the title holder of record; and
~Iterea~, 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.
,hobo, ~~jig agreement ~itrie~~et~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.
~nD 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.
~nD, 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 Commonweaith 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 hands and seals the day and year aforesaid.
Signed and sealed in the presence of:
DAVID R. THOMPSON
DAVID R. THOMPSON
HOMED IGNS UNL/IMITED, LLC
BY /~-
r
s
!' File No. 27394-A-HOMEDES
ALL THAT CERTAIN lot, parcel, or tract of land situate in the Township of East Pennsboro,
County of Cumberland, and Commonwealth of Pennsylvania, mor particularly bounded and
described as follows to wit:
BEGINNING at a point on the western right-of--way line of Center Street (60 foot right-of--way,
20~ foot macadam), said point being at the southeastern corner of Lot No. 2 on the hereinafter
mentioned Plan of Lots; thence by the western right-of--way line of Center Street South 30° 32'
00" West, a distance of 289.43 feet to a point at a cul-de-sac; thence continuing along said
cul-de-sac South 66° 17' S3" West, a distance of 162.32 feet West to a point at the eastern right-
of-way line of East Penn Drive, S.R. 1015 (relocated) variable width R/W; thence by the eastern
right-of--way line of East Penn Drive by a curve extending to the left in a northwesterly direction
having a radius of 2912.79 feet an arc length of 162.34 feet to a point at Lot No. 2 on the
hereinafter mentioned Plan of Lots; thence by Lot No. 2 North 87° 18' 30" East a distance of
153.05 feet to a point at the western right-of--way line of Center Street, the point and place of
BEGINNING.
BEING Lot No. 1 on a Final Subdivision Plan for East Pennsboro Township recorded in
Cumberland County Plan Book 80, Page 150 and containing 15,343.33 square feet or 0.3522
acres.
BEING A PART OF THE SAME PREMISES WHICH the Township of East Pennsboro by
its deed dated October 6, 2005, and recorded October 13, 2005, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 271, Page 2152, granted
and conveyed unto Home Designs Unlimited, LLC.
UNDER AND SUBJECT to a 10 foot utility easement and a 25 foot sanitary sewer easement as
shown on a Final Subdivision Plan for East Pennsboro Township recorded in Cumberland
County Plan Book 80, Page 150.
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