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HomeMy WebLinkAbout04-2609Stipulations Against Liens Owner In the Court of Common Pleas County of Cumberland County, Pennsylvania Thomas F. Sweeney Docket Number Page Number Term 2004 Whereas, Thomas F. Sweeney ('Contractor") of 42'~ C Street, Carlisle, PA 17013 has entered into a contract with Thomas F. Sweeney, single ("Owner") of 421 C Street, Carlisle, PA 17013 for the erection or construction cfa SINGLE FAMILY DVVELLING upon the lot of ground known as Lots 2 and 2A, Cold Springs Road, Carlisle, PA 17013, Dickinson Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Thomas F. Sweeney, single is the title holder of record; and Whereas, 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. 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 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 flied 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 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 hand and seal the day and year aforesaid. Signed and~,ealed in the presence of: File No. CTA0188 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, being a composite description of Lot 2 and Lot 2A On a Final Subdivision Plan for Helen A. Valk, prepared by Eric L. Diffenbaugh, professional land surveyor, dated September 5, 2003 and recorded in Cumberland County Plan Book 88, Page 85, bounded and described as follows: BEGINNING at an existing iron pin at the dividing line between a proposed 50 foot private right of way as shown on the aforementioned plan and land now or formerly of Robin S. Shenck; thence by said land now or formerly of Robin S. Shenck, North 03 degrees 20 minutes 37 seconds West 315.07 feet to a set iron pin; thence along the dividing line between Lot 2 of the aforementioned plan and land now or formerly of Helen A. Valk, South 78 degrees 46 minutes 16 seconds East 92.33 feet to an existing iron pin; thence by the same, South 61 degrees 21 minutes 49 seconds East 257.36 feet to an existing iron pin; thence continuing by same, South 07 degrees 51 minutes 02 seconds West 184.59 feet to a set iron pin; thence by the dividing line between Lot 1 and Lot 2 of the aforementioned plan, South 81 degrees 28 minutes 17 seconds West 267.53 feet to a set iron pin; thence by a proposed 50 feet private right of way as shown on the aforementioned plan, North 09 degrees 31 minutes 53 seconds West 50.01 feet to an exiting iron pin, the point and place of BEGINNING. CONTAINING 1.9247 acres. TOGETHER with a 50-foot private right of way as shown on the aforementioned plan beginning on Cold Springs Road (T-356) and extending 169.50 feet to the herein Lot for the purpose of ingress, egress and regress. SUBJECT to setback lines, easements, restrictions and conditions as set forth on the aforementioned plan.