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HomeMy WebLinkAbout09-7101 STIPULATION AGAINST LIENS James J. Spak and Suzanne E. Spak Haubert Homes, Inc. Owner Contractor Whereas, Haubert Homes, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania pu-b Docket Number Term 2009 ("Contractor") of 15 Central Blvd. Camp Hill, PA 17011 , has entered into a contract with James J. Spak and Suzanne E. Spak ("Owners") of 1321 Brewster Court, New Cumberland, PA 17070, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1321 Brewster Court (Lot 161, Heights at Beacon Hill, Phase III), Lower Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. Now this agreement, witnesseth: 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 Owners 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. And 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. And, in order to give the Owners full power and authority to protect Owners 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. OC jo be-K 13, ao 9 Witness our hands and seals the day and year HAUBERT HOMES, INC. By: /X401-t" ? a(a N ?A4- 4. ,c?,WAef- T tle: ?ffisl'?9N??f??fi17f•? )6oA?? S E. Spak Signed and sealed in the presence of ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point located on the northerly right-of-way line of Brewster Court (40 foot wide right-of-way), said point being a front property corner of Lot 161 and Lot 162; thence along the boundary line between Lot 161 and 162, North 02 degrees 38 minutes 35 seconds West a distance of 168.19 feet to a point, said point being a front property corner of Lot 161 and Lot 159 and a rear property corner of Lot 158 and Lot 162 and being on the southwesterly right-of-way line of Yarmouth Lane (50 foot wide right of way); thence along said southwesterly right-of-way line of Yarmouth Lane, along a curve to the right having a radius of 1,920.00 feet and an arc distance of 157.81 feet, said arc being subtended by a chord of South 44 degrees 43 minutes 33 seconds East a distance of 157.76 feet to a point; thence continuing along the same, along a curve to the right having a radius of 5.00 feet and an arc distance of 7.93 feet, said arc being subtended by a chord of South 03 degrees 04 minutes 39 seconds West a distance of 7.13 feet to a point, said point being on the northwesterly right-of-way line of Brewster Court (50 foot wide right-of- way); thence along said northwesterly right-of-way line of Brewster Court, South 48 degrees 31 minutes 35 seconds West a distance of 71.63 feet to a point; thence continuing along the same, along a curve to the right having a radius of 15.00 feet and an arc distance of 11.78 feet, said arc being subtended by a chord of South 71 degrees 01 minute 35 seconds West a distance of 11.48 feet to a point, said point being on said northerly right-of-way line of Brewster Court; thence along said northerly right-of-way line of Brewster Court, North 86 degrees 28 minutes 25 seconds West a distance of 38.43 feet to a point, said point being the point and place of BEGINNING. CONTAINING 10,650.17 square feet or 0.244 acres of land. BEING Lot No. 161, on a Plan titled "The Heights of Beacon Hill, Final Subdivision Plan - Phase 3", recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 94, Page 67. BEING PART OF THE SAME PREMISES which Beacon Hill Heights Development Corporation, a Pennsylvania corporation, by Deed dated May 28, 1997 and recorded May 30, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 158, Page 520, granted and conveyed unto BHH Partners, a Pennsylvania partnership. UNDER AND SUBJECT to a Declaration of Planned Community recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 675, Page 1092 and all amendments thereto. F1L?f-i TPr: OTAPY 2009 OC T 16 PPI 12: 2 9 Gt 1Ptir? „ ,.,,-t ... _ , '.. vt Y ?y r C I r t,