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HomeMy WebLinkAbout11-2328.r 1 Stipulations Against Liens BERACAH BUILDERS, LLP Owner BERACAH BUILDERS, LLP Contractor February 18, 2011 In the Court of Common V[eag COMO of Cumberland , Pennsylvania Docket Number I I- 'a S a g rn LD Term 20 Page Number Vberea5, BERACAH BUILDERS, LLP ("Contractor") of 6211 Whitehill Drive, Mechanicsburg, Pa, 17055 has entered into a contract with Beracah Builders, LLP ("Owner") of, 6211 Whitehill Drive, Mechanicsburg, Pa, 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 34 Old Coach Lane, Carlisle, Pa 17013, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Beracah Builders, LLP 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 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. ,QoW, Tbig fgreement Vitneggetb: 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. Z(nb 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. 2(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 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: BERACAH BUILDERS, LLP By--J--,? l?lr MICHAEL A. BURD CK , MEMBER By---r , SCOTT A MILLIGAN INDIVIDUALLY AND AS MEMBER MICHAEL A. BURDICK O,M. # gk.oo 0 allq CL* a0)8 r V- (A -7 S57 0 (V lip PP.) ;? I 1 FED 25 AH pENSY° File No. 30241MILLIGAN LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in North Middleton Township, Cumberland County, PA., being Lot No. 33, as shown on a plan entitled, "Nfeadowbrook Fauns, Final Subdivision Plan, Phase V," dated June 20, 2005 by PennTerm Engineering. Inc., State College, PA, recorded in Plan Book 92, page 40, being bounded and described as follows: Beginning at an iron pin, being a westerly comer of Lot No. 32 and lying in an easterly R/W line of Old Coach Lane; thence along said R/W, along a curve to the right, having a chord bearing of N 17°00' 52"W, a chord distance of 83.67 feet, a radius of 175.00 feet and an arc length of 84.49 feet to an iron pin; thence continuing along said R/W N03°10'59"W, 74.73 feet to an iron pin, lying in an easterly line of said R/W and being a southwesterly corner of Lot No. 34; thence along said lot N86°49'01"E, 200.00 feet to an iron pin, being a southeasterly corner of said lot and lying in a westerly line of existing Phase 4; thence along the Phase 4 lands S03°10'59"E, 61.62 feet to an iron pin, lying in a westerly line of said lands and being a northerly corner of Lot No. 32; thence along said lot S59°09' 15"W, 203.23 feet to an iron pin, being the place of beginning, containing 0.509 acres. Lot No. 33 is subject to a 10' wide utility/sidewalk easement along its street frontage. 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 T33, Page 296, granted and conveyed unto Pamay Development Co., Inc. a Pennsylvania business corporation. BEING part of the same premises which, Pamay Development Co., Inc. by their Deed dated%&?_ 2011 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Beracah Builders, LLP, a Pennsylvania limited liability partnership, Grantor herein.