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HomeMy WebLinkAbout10-3627Stipulations Against I~lens BERACAHBUILDERS, LLP BERACAH BUILDERS, LLP May 27, 2010 ~In tfje court of Common ~Ieag ~'Couutp of Cumberland Owner Docket Number /p _ 3(~a7 MLA Contractor Pennsylvania Term 20 Page Number ~~jereag, BERACAH BUILDERS, LLP ("Contractor") of 6211 Whitehill Drive Mechanicsburg, Pa 17050, has entered into a contract with BERACAH BUILDERS, LLP ("Owner") of 6211 Whitehill Drive, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 27, Phase V, Meadowbrook Farms, Carlisle, PA 17013, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which BERACAH BUILDERS, LLP is the title holder of record; and ~)hereag, 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. ~obu, ~Tjf~ ~greemeut ~itue~getlfj: 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. ~n~ 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. ~nb, 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 ha~re 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 touchin~or cp~r cerning the same. o -- ~- _a_r Witness our hands and seals the day and year aforesaid. ~~ .~ ~~ c i= i ~~~ Signed and sealed in the presence of: i~f'.} ~,,~ `._+~~ BERACAH BUILDERS, LLP .~~_'c.--_' `~'T~ BY BU BY ~ ~~ SCOTT A. MILLIGAN MIC AEL BURDI ~-- ~~ SCOTT A. MILLIG N dal . oo Po Cedar 0~~' Absl- c ~a53~q ~~ d~f30~f/ y ~ ~~ File No. 29464BERACAHBUI LE(3A1: DESCRIPTION All that certain tract of land situated in North Middleton Township, Cumberland County, PA, being Lot No. 27, as shown on--a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase V," dated June 20, 2005, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin, being a southeasterly corner of Lot No. 26 and lying in a westerly R/W line of Old Coach Lane (50' R/W); thence, along said R/W S03°10'59"E 8.30 feet to an iron pin; thence, continuing along said R/W along a curve to the left, having a chord bearing of S11°38'03"E, a chord distance of 66.13 feet, a radius of 225.00 feet and an arc length of 66.38 feet to an iron pin lying along said R/W and being a northerly corner of Lot No. 28; thence, along said lot S69°54'53"W 219.19 feet to an iron pin being a westerly comer of said lot and lying in an easterly line of lands owned now or formerly by Robert (:. Magee, et ux (Tax Parcel 29-15-1251-11; DB 27-Q, Pg. 433); thence, along said lands and along lands owned now or formerly by Robert C. Magee, et ux (Tax Parcel 29-15-1251-41A; DB 14-F, Pg. 119) N03°10'59"W 137.44 feet to an iron pin lying in an easterly line of said lands and being a sbuthwesterly corner of Lot No. 26; thence, along said lot N86°49'01"E 200.00 feet to an iron pin, being the place of beginning, containing 0.497 acres. Lot No. 27 is subject to a 10' wide utility/sidewalk easement along its street frontage, '/~ of a ZO' wide drainage easement along its northerly boundary, a portion of a 20' wide sanitary sewer easement at its southwesterly corner, and a flood plain easement along its westerly boundary. BEING the same premises which Mary Verdelli, by Deed dated January 4, 1989, and recorded January 5, 1989, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book T-33, Page 296, granted and conveyed unto Pamay Development Co., Inc., a Pennsylvania corporation. BEING the same premises which Pamay Development Co., Inc., a Pennsylvania carporation by its Deed dated `!'! c~ ~ .2010 and about to be recorded in the Office of the Recorder of Deeds in and for the County f Cu berland, Pennsylvania, granted and conveyed unto Beracah Builders, LLP, a Pennsylvania limited liability partnership, Mortgagors herein.