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HomeMy WebLinkAbout09-4180 Stipulations Against Liens ESSEN DEVELOPMENT GROUP, LLC Owner ESSEN DEVELOPMENT GROUP, LLC JUNE 15, 2009 31n the (Court of CCommou fl[ea5 CCountp of Cumberland Docket Number 0,)? - wi?yj ?&I-h C01111-actor Page Number , Pennsylvania Term 2001 1^erea5, ESSEN DEVELOPMENT GROUP, LLC ("Contractor") of 1443 MAPLEWOOD DRIVE, NEW CUMBERLAND, PA 17070, has entered into a contract with Essen Development Group, LLC ("Owner") of 1443 Maplewood Drive, New Cumberland, PA 17070, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 17 West Maplewood Ave., Mechanicsburg, PA 17050Mechanicsburg Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Essen Development Group, LLC is the title holder of record; and ?WI)erea5, 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. Pow, T)i5 Z(greemeut Vitue550fj: 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. Z111b 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. QCt[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 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 vear aforesaid. Signed and sealed in the presence of: ?c Fife Ito. 29632-A-ESSENDE A11 THAT CERTAIN piece or parcel of land situate on the South side of West Maplewood Avenue, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania. bounded and described as follows, to wit: SI'T'UATE on the South side of West Maplewood Avenue, bounded on the North by said Maplewood Avenue, on the East by lot now or formerly of Grantors, on the South by a twelve (12) feet wide alley. and on the West by a lot now or late of Betty Stam, having a frontage on said . apiewood Avenue of fifty (50) feet, a width in the rear on said twelve (12) feet wide alley of fifty (50) feet, and extending in depth from the building line of Maplewood Avenue for a distance of one hundred nine (109) feet. r BEING part of the same premises which Roger B. Walton and Sandra L. Walton, husband and wife, by Deed dated February 24, 2009, and recorded March 19, 2009, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 2009-8171, granted and conveyed unto Stephen R. Johansen, Jr., adult individual, Mortgagor herein. BEING the same premises which Stephen R. Johansen, Jr., single man by deed dated Hinz iS' 2009 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Essen Development Group, LLC, Mortgagor herein. r l.V J v.;?i _y 1i1 i i i• .? r CIZ