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HomeMy WebLinkAbout10-1583Stipulations Against Liens Shawn Keen and Brigid Keen Owner Hoffman's Custom Contracting, Inc. Contractor In tf a Court of Common Pleat Countp of Cumberland Docket Number 1e" - ISY3 1 Page Number Pennsylvania Term 2010 Vbereag, Hoffman's Custom Contracting, Inc. ("Contractor") of 4.4 I •S IE ? _, has entered into a contract with Shawn Keen and Brigid Keen ("Owner") of 21 Nailor Lane, Newville, PA 17241, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 21 Nailor Lane, Newville, PA 17241, Lower Mifflin Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Shawn Keen and Brigid Keen are the title holder of record; and Vbereas, 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, Tbi.5 Rgreement Vttnvoetb: 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. Zub, 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. C A n Signed and sealed in the presence of: T Viz, o ? a_oo?? E z :ij ::?-C: N ern snawneen 6W BrigHoffmtfn's Custom MAttracting, Inc. File No. 10-21 ALL the following tract of land with improvements thereon, lying and being and situated in Lower Mifflin Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point at a common property corner of Lot #10 and Lot #11 as shown on the Preliminary/Final Subdivision Plan of Scenic View; thence from said point of beginning along a 50 foot access easement along portions of Lots #16 and #15 South 71 degrees 58 minutes 37 seconds West a distance of 467.58 feet to a point at a common property corner of Lot #11 and Lot #12; thence along Lot #12, North 18 degrees 01 minute 23 seconds West, a distance of 644.00 feet to a point on the common property line with Lot #7; thence along a portion of Lot #7, South 72 degrees 16 minutes 15 seconds East, a distance of 527.16 feet to a point at a common property corner of Lot #10 and Lot #11; thence along Lot #10, South 24 degrees 46 minutes 22 seconds East, a distance of 338.34 feet to a point, said point being the place of BEGINNING. SAID lot containing 193,078.4397 square feet or 4.4325 acres net area. Containing 216,307.149 square feet or 4.9657 acres being the total lot area including the area of the 50 foot private access. BEING subject to a 50 foot wide private access for Lots #11, #12, and #13 of the Preliminary/Final Subdivision Plan of Scenic View. BEING identified as Lot #11 as shown on a plan of lots prepared for Realand, Inc. by Hoover Engineering Services, Inc., dated March 30, 2000 and recorded July 25, 2000 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81 at Page 93. SUBJECT further and under subject to the protective covenants and restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 650, Page 926.