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HomeMy WebLinkAbout10-3823.~ Stipulations Against Liens Drew M. Stewart and Beth A. Stewart Owner Robert Goldsmith Contractor Whereas, Robert Goldsmith ("Contractor") of 1 Hope Lane Newville, PA 17241, has entered into a contract with Drew M. Stewart and Beth A. Stewart ("Owner") of 3 Silkwood Ln, Carlisle, PA 17015, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 2 Kerrsville Road, Carlisle, PA 17015, West Pennsboro Township, Cumberland County Pennsylvania, described in Exhibit "A" hereof, of which Drew M. Stewart and Beth A. Stewart are 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 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. 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of: In the Court of Common Pleas County of Cumberland Pennsylvania Docket Number /~/ - ~~~3 ~l Term 2010 J Page Number ~_:. w c. f=,~Y f _.3~,y Ll._ _.t_ k-" u.. ~. ~~ ~, P a~ N _.~ ~~ ~: _. ~. ~.S_l e~1 U ~~ ~a~ ~ ~~ J3S'~~ off ~~~~,~~ ~.C~~~n f ~~~ ~y3 ill ~ File No. 10108 ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, Lot No. 2 on the Final Minor Subdivision Plan of Gerald P. Jones and Marjorie L. Jones, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument Number 201000628, the same being numbered as more particularly described as follows: BEGINNING at a point along the southern 50 foot wide right of way line along Kerrsville Road; thence along the dividing line between Lot No. 2 and Lot No. 3, South 33 degrees 29 minutes 05 seconds West 378.00 feet to a point; thence along the dividing line between Lot No. 2 and an Agricultural Open Space easement, South 37 degrees 58 minutes 06 seconds East 276.21 feet to a point; thence along the dividing line between Lot No. 2 and Lot No. 1, North 52 degrees 01 minutes 54 seconds East 434.31 feet to a point; thence along the northern 50 foot wide right of way line along Kerrsville Road; thence by a curve to the left having a radius of 801.34 feet and an arc length of 110.58 feet with a chord bearing of North 45 degrees 53 minutes 02 seconds West having a chord length of 110.50 feet to a point; thence continuing along the northern 50 foot wide right of way line along Kerrsville Road, North 49 degrees 50 minutes 14 seconds West 208.13 feet to a point; thence continuing along the northern 50 foot wide right of way line along Kerrsville Road, North 49 degrees 59 minutes 14 seconds West 86.15 feet to the point and place of BEGINNING. CONTAINING 2.91 acres more or less. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, notations, restrictions and easements as noted on the hereinabove mentioned Final Minor Subdivision Plan of Gerald P. Jones and Marjorie L. Jones, together with any other easements, restrictions, covenants, conditions and rights of way visible of its record.