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HomeMy WebLinkAbout10-1486i Stipulations Against Liens James J. Kerrigan and Ashley M. Kerrigan Owner Fred A. Tiday Builders, Inc. Contractor stn the Court of Common VCeag Countp of Cumberland Docket Number 16 q8L /n? Page Number Term 20 70 Wberea.l, Fred A. Tiday Builders, Inc. ("Contractor") of r.0• En 17 W h , has entered into a contract with James J. Kerrigan and Ashley M. Kerrigan ("Owner") of 6203 Westover five, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as L-231 Barbara Drive, Mechanicsburg, PA 17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which James J. Kerrigan and Ashley M. Kerrigan are the title holder of record; and VbereaO, 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. .Rob), Tbto Z(greement 3Vttnegsetb: 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. Zittb 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. Z(rtb, 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. 7)ahW/•- .3'47-10 Signed and led in the presence of: C%J U-5 V C ) w o -Z a N Jame an Ashley K rrigan Fred A. Tiday Builders, Inc., a Pennsylvania Corporation By: Fred A. Tid .ql 11 1,00 r IVY S£-g LE C K=d i.?2?9 , Pennsylvania as IR 3 ?/ 1? IM6 File No. 10043 ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being the Southeastern corner of Lot #232; thence along the eastern boundary line of Lot #232, North 18 degrees 31 minutes 25 seconds East, a distance of 183.85 feet to a point along the southern boundary line of Lot #256R; thence partially along same and partially alond the Southern boundary line of Lot #257R, South 75 degrees 21 minutes 32 secodns East, a distance of 84.58 feet to a point at the Northwestern corner of Lot #230; thence along the western boundary line of Lot #230, South 11 degrees 37 minutes 33 seconds West, a distance of 180.06 feet to a point at the Southwestern corner of Lot #230 and the Northern right-of-way line of Barbara Drive (50.00 feet wide); thence along the said right-of-way line North 78 degrees 22 minutes 27 seconds West, a distance of 73.52 feet to a point; thence along same by a curve to the right having a radius of 275.00 feet and an arc length of 33.11 feet, to a point, the place of BEGINNING.