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HomeMy WebLinkAbout10-3636 Stipulations Against Liens Edward R. Cohn and Jill A. Cohn, Owner Classic Communities Corporation, Contractor .. P -00 20t0 JU G -3 Pei 2? ?0 stn the Court of Common 191eag QLa .pi Cumberland, Pennsylvania CUs, rw'Lll'??f' Docket Number /G - -;?V 36P I&A Term 2010 Page Number Vhereas, Douglas E. Halbert, President of Classic Communites Corporation CContractor') of 2151 Linglestown Road, #300, Harrisburg, Pennsylvania 17110, has entered into a contract with Edward R. Cohn and Jill A. Cohn("Ownee') of 216 Westview Drive, Mechanicsburg, Pennsylvania, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 69, 9 Balfour Drive, Mechanicsburg, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Edward R. Cohn and Jill A. Cohn are the title holder of record; and liftereas, 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. ,Oobo, Tbie Kgreement Vitneggeth; 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 shah 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. SO 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. ffnb, 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. Pd 0 Witness our hands and seals the &Aof-April, 2010. and sealed in the presence of LD46EAQ Edward R. Cohn ?'," Q (SEAL) 5". Cohn CORPORATION File No. MS24800 Exhibit "A" ALL that certain tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the western right of way line of Balfour Drive (50-foot right of way) at the southeast corner of Lot 70 Millfording Highlands, Phase III; thence along the southern boundary line of Lot 70, South 86 degrees 42 minutes 07 seconds West, a distance of 447.63 feet to a point along the Conodoguinet Creek; thence along said creek, South 18 degrees 25 minutes 17 seconds West, a distance of 70.63 feet to a point; thence continuing along the same, South 10 degrees 44 minutes 17 seconds West, a distance of 35.45 feet to a point at the northwest corner of Lot 68; thence along the northern line of Lot 68, North 86 degrees 42 minutes 07 seconds East, a distance of 482.36 feet to a point at the northeast corner of Lot No. 68 and a point on the western right of way line of Balfour Drive; thence along Balfour Drive, North 03 degrees 17 minutes 53 seconds West, a distance 100.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 69 on the Final Subdivision Plan of Millfording Highlands, Phase II, recorded September 3, 2009, in the Cumberland County Recorder of Deeds Office in Instrument Number 200931000. ALSO BEING that certain Unit, being Unit No. 69 (the "Unit), of Millfording Highlands, a Planned Community, which Unit is designated in the Declaration of Covenants and Restrictions for Millfording Highlands, a Planned Community (the "Declaration") and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Instrument Number 200730960, together with any and all improvements thereon. BEING PART of that same real estate which Sample Bridge Ventures, L.P., and 1550 Associates, Inc., LLC, by deed dated April 14, 2004 and recorded April 16, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 2572, granted and conveyed unto Sample Bridge Ventures, LP, the Grantor herein.