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HomeMy WebLinkAbout10-3395 S :ipulations Against Liens MAY 17, 2010 In the (court of Common J31ea% Countp of 1l [ark J. Adams and Veronica S. Cumberland Powers , Pennsylvania Owner 33?? I tome Designs Unlimited, LLC Docket Number MI-D Term 20 Contractor Page Number Wbereag, Home Designs Unlimited, LLC ("Contractor") of PO Box 387 New Kingston, Pa 17072, has entered into a contract with Mark J. Adams and Veronica S. Bowers ("Owner"), for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 109 Bellows Drive, Carlisle, Pa 17015South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mark J. P dams and Veronica S. Bowers are the title holder of record; and Vbereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected cr 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. ,eoW, Tbis; Z[greement Witneggeth: 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, nmaterialmen, 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. Zinb 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. 210, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot cf 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 cr 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. f (t rt -TIJ if \2,,? Mark ?JAdams Veronica S. Bowe Home ign Unlimited, LLC BY David R. Thompson, mem r S' igned and sealed in the presence of: File No. 30784ADAMSIBOWE LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the eastern right-of-way line of Bellows Drive (50 foot right-of-way, 32 foot cartway), said point being at the northwest corner of Lot No. 18 on the hereinafter mentioned Plan of Lqts; thence by the eastern right-of-way line of Bellows Drive by a curve extending to the left in a northwesterly direction, having a radius of 225.00 feet an arc length of 76.69 feet to a point. at Lot No. 16 on the hereinafter mentioned Plan of Lots; thence by Lot No. 16 North 60 degrees 37 minutes 02 seconds East, a distance of 234.51 feet to a point at land now or late of Froelich & Company, Incorporated; thence by land now or late of Froelich & Company, Incorporated South 06 degrees 12 minutes 45 seconds West, a distance of 159.62 feet to a point'at Lot No. 18 on the hereinafter mentioned Plan of Lots; thence by the Lot No. 18 South 80 degrees 08 m ks 48 seconds West, a distance of 164.68 feet at a point at the eastern right-of-way line of Bellows Drive, the point and place of BEGINNING. J. BEING Lot No. 17 on a Final Subdivision Plan for Phase I of Olde Forge Station, as recorded in Cumberland County, Instrument No. 200827999 and containing 21,302 square feet. BEING known and numbered as 109 Bellows Drive. UNDER AND SUBJECT to a drainage easement as set forth on said plan. J BEING the same premises which John E. Anderson, also known as John Anderson and Pauline E. Anderson, husband and wife, by Deed dated February 25, 2008, and recorded February 28, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200805742, granted and conveyed unto Olde Forge Station, LLC, a Pennsylvania limited liability company. BEING part of the same premises which Olde Forge Station, LLC, a Pennsylvania limited liability company by its Deed dated A ,2010 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumb land, Pennsylvania, granted and conveyed unto Mark J. Adams and Veronica S. Bowers, Mortgagors herein.