Loading...
HomeMy WebLinkAbout10-4809Stipulations Against Liens Liane Sekhar Owner Fe- L=N A . i &y , (3 Ld - Contractor In the Court of Common Pleas County of Cumberland, Pennsylvania Docket Number (a7 lp _ NBC Mw Term 20r?7a Page Number @ r~ ? -?.e JS IBC Whereas, ("Contractor") of has entered into a contract with Liane Sekhar("Owner") of 1 Conestoga Lane, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2213 Eaglesmoor Lane, PropertyBriefLegaiLine1, PropertyBriefLegalLine2, Pennsylvania, described in Exhibit "A" hereof, of which Liane Sekhar 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 inconsideration 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: 4,11.00 PO Pentacle Lam IranaFer, UP ?? 1a47 0 .3451005 Fli I 2010 v, ` 22 ',.;??'_ c Liana Sekhar COMMMOOMNEEAALTH OF PENNSYLVANIA NOTARIAL SEAL CLAIRE MARIE LYTER, Notary Public Hampden Twp., Cumberland County My Commission Expires larch 27, 2011 Few ts A. T I DAY m? FAA A.-',d File No. KWC25572 Exhibit "A" ALL THAT CERTAIN piece or parcel of land situate in theTownship of Hampden, County of Cumberland and Commonwealth of Pennsylvniam, lying along Eaglesmoor Lane, and being approximately 670.00 feet southwest of the intersection of Eaglesmoor Lane and Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the easterly right-of-way line of Eaglesmoor Lane (50 Feet wide) with the line of division between Lots Nos. 8 and 9; extending (1) thence along said Lot No. 8m, South 87 degrees 25 minutes 43 seconds East, 262.61 feet; extending (2) thence along lands now or formerly of David R. and Bertha Bretz, South 04 degrees 37 minutes 13 seconsEast, 175.77 feet; extending (3) thence along Lot No. 10, South 85 degrees 22 minutes 47 seconds West, 184.76 feet; (4) thence along the same, North 59 degrees 44 minutes 03 seconds West, 150.00 feet to the easterly right-of-way line of Eaglesmoor Lane; extending (5) thence along said right-of-way line by a curve to the left, having a radius of 275.00 feet, an arc distance of 132.02 feet, and a chord bearing and distance of North 16 degrees 25 minutes 07 seconds East, 131.63 feet to the place of BEGINNING. CONTAINING 1.172 acres. SUBJECT to a 20 feet wide emergency access easement, the easterly line of said easement being contiguous and parallel to the second course and extending between and extending up or contracting to courses 1 and 3 of the previous description. BEING Lot No. 9, as shown on a Plan entitled "Final Subdivision Plan for Phase 1, Wentworth Estates", dated November 20, 2002, last revised April 11, 2003, Job No. 1001-846, prepared by LSC Design, Inc., York, Pennsylvania, and recorded in Cumberland County Office of the Recorder of Deeds in Plan Book 87, Page 50. UNDER AND SUBJECT to a Declaration of Restrictions, Covenants and Conditions for Wentworth Estates Planned Community, dated June 3, 2003 and recorded June 9, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 698, Page 599. FURTHER UNDER AND SUBJECT to Declaration Creating and Establishing Wentworth Estates Homeowners Association, Dated June 3, 2003 and recorded June 9, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 698, Page 636. FURTHER UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, conditions, easements and other matters appearing as of record. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal.