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HomeMy WebLinkAbout09-3060- Stipu?$tions Against Liens Mariann T.A. Staykov and Konstantin D. Staykov Owner Sechrist Construction, Inc. and CF Acri & Son, Inc. Contractor I li? 4? In the (Court of (Common pleas QCountp of Cumberland , Pennsylvania Docket Number Page Number Term 2009 lftereal;, Eric Sechrist, President. and Mark A. Acri, Vice President ("Contractor") of Sechrist Construction, Inc. and CF Acri & Son. Inc. has entered into a contract with Mariann T.A. Staykov and Konstantin D. Staykov ("Owner") of 350 N. Locust Point Rod Mechanicsburg, PA 17050 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 350 N. Locust oad, Mechanicsburg, PA 17050 Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mariann T.A. Staykov and Konstantin D. Staykov are the title holder of record; and Vbereag, 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. Aoiu, Tbio Mgreement Witnegs;etb: 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. Z(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. Zfnb, 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 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. 'S/13?09 Signed and sealed in the presence of: r e?l ??& ?- CI Mariann T.A. Olq _ 3ot'oo "LD D. Staykov n V Construction,inc A. Acri, V.P. of CF Acri & Son, Inc. File )lo. CL09092 ALL THAT CERTAIN lot or piece of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania. BEGINNING at a point marked by the intersection of the centerline of Ridge Hill Road (township Road T-577) and the centerline of Locust Point Road (S.R. 1007); thence along the centerline of Locust Point Road (S.R. 1007) North twenty- two (22) degrees eleven (11) minutes zero (0) seconds West, a distance of one hundred ninety-one and eighteen one- hundredths (191.18) feet, more or less, to a point on the line dividing Lot No. 4 and Lot No. 6 on the hereinafter mentioned Plan of Lots; thence along said line dividing Lot No. 4 and Lot No. 6 on said Plan North sixty-three (63) degrees fifty (50) minutes zero (0) seconds East, a distance of one hundred fifty-four and thirteen one-hundredths (154.13) feet to an iron pin; thence South twenty-one (21) degrees six (06) minutes zero (0) seconds East, a distance of one hundred eighty-six and sixty-one hundredths (186,60) feet to a point in the centerline of Ridge Hill Road (T-577); thence along the centerline of Ridge Hill Road (T-577) Soutti'sixty-two (62) degrees fifty-eight (58) minutes thirty (30) seconds West, a distance of one hundred fifty and seventy-seven one-hundredths (150.77) feet toa point on the centerline of Locust Point road (S. R. 1007), the point and place of BEGINNING. CONTAINING twenty-eight thousand four hundred ninety and eleven one-hundredths (28,490.11) square feet (gross) and having thereon erected a residential dwelling and other outbuildings. BEING Lot No. 6 as shown on the Final Major 2 Lot Subdivision Plan for Paul W. Forney, recorded in Cumberland County Plan Book 67, Page 26. UNDER AND SUBJECT, nevertheless, to a certain Deed of Easement from Paul W. Forney and Mary E. Forney, his wife, to Mark A. Acri, dated February 24, 1988, and recorded in the Recorder's Office aforesaid in Miscellaneous Record Book Volume 347, Page 87. FURTHER UNDER AND SUBJECT to zoning regulations, ordinances, easements, building and other restrictions, privileges and rights of public service companies, rights of way, reservations, and protective covenants of record and those visible on the subject premises, and subject to all agreements or like matters of record or visible on the premises and subject to all rights and ownership in the public in roads, streets and highways, whether or not opened. RLED- ll i= CE ^F THE IFF-1 1lnP,.! NARY 2009 MAY 14 AN 8: 18 Iri :... L)i1[Ty 1?H i1{itri1?,tiw14. 4 al . oo Pu C*rvjgrsjvAA Land Tr er Ck.v 5AS4 R.T# oU-sou '0)b,oCU