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HomeMy WebLinkAbout01-2088stipulat~or~ s Against Liens DAVID IV. WALTERS and PAMELA A.C. WALTERS, husband and wife W. LEE ROLAND In the Court of Common Pleas County of Owner CUMBERLAND Docket Number Page Number , Pennsylvania Term 20 Whereas, W. LEE ROLAND ('Contractor") of 337 WEST MEADOW DRIVE, MECHANICSBURG, PA 17055 has entered into a contract with DAVID W. WALTERS and PAMELA A.C. WALTERS, husband and wife ("Owner") of 1112 CARRINGTON COURT EAST, MECHANICSBURG, PA 17050 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 17 EMYLIN LANE, MECHANICSBURG, PA 17055, UPPER ALLEN TOWNSHIP, CUMBERLAND County, PENNSYLVANIA described in Exhibit "A" hereof, of which DAVID W. WALTERS and PAMELA A.C. WALTERS, husband and wife is 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, materialman, 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 fi~ed or maintained against the building, improvements, icl 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 9round, 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 hand and seal the day and year aforesaid. Signedandsealedinthepresenceof: ~'~//X'X~ / ~W~LTE~ File N~%. 01-3784 ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as "Lindenwood, a Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A sec. 5101, et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration of Lindenwood, a Planned Community ("Declaration"), dated August 28, 1997, and recorded August 28, 1997, in Miscellaneous Book 555, Page 806, and as amended by First Amendment to Declaration for Lindenwood, a Planned Community ("First Amendment"), dated April 28, 1999 and recorded April 28, 1999, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book , page ____., designated in such Declaration (as amended by the First Amendment) as Lot No. 17 (Identifying Number), described in Section 2.2 of the Declaration (as amended by the First Amendment) and shown (and described) in Exhibit E of the Declaration or Exhibit B-I of the First Amendment. Beginning at a point on the northern right-of-way of Emylyn Lane of the Final Subdivision Plan of Liudenwood, Phase II prepared by Dawood Engineering, Inc., dated December 1, 1998 and latest revision dated March 25, 1999, said point also being located at the southernmost corner of Lot no. 16 of the aforesaid Final Subdivision Plan; Thence along said Lot No. 16 North fifty four degrees eleven minutes twenty two seconds East (N 54° 11' 22" E) a distance of two hundred sixty three and seventy nine hundredths feet (263.79 feet) to a point at the western line of Lot No. 45 of the Final Subdivision Plan of Lindenwood, Phase I prepared by Dawood Engineering, Inc. dated February 3, 1997 last revised September 28, 1997; Thence along said Lot No. 45 and continuing along Lot No. 44 of the above referenced Final Subdivision Plan of Lindenwood, Phase 1 South twenty degrees thirty minutes forty five seconds east (S 20° 30' 45" E) a distance of one hundred nineteen and zero hundredths feet (119.00 feet) to a point on the western line of said Lot No. 44; Thence along said Lot No. 44 South sixty degrees forty two minutes sixteen seconds East (S 60° 42' 16" E) a distance of eighteen and seventy three hundredths feet (18.73 feet) to a point at the northernmost corner of Lot No. 18 of the aforementioned Final Subdivision Plan of Lindenwood, Phase II: Thence along said Lot No. 18 South fifty two degrees thirteen minutes forty seconds West (S 52° 13'40" W) a distance of two hundred forty and twenty hundredths feet (240.20 feet) to a point on the northern right-of-way of Emylyn Lane; Thence along the northern right-of-way of Emylyn Lane the following two (2) courses and distances; By a curve to the right with a radius of three hundred fifty and zero hundredths feet (350.00 feet) an arc length of twelve and fifteen hundredths feet (12.15 feet) with a chord bearing of north thirty six degrees forty eight minutes twenty seconds West (N 36° 48' 20"W) and a chord distance of twelve and fifteen hundredths feet (12.15 feet) to a point. North thirty five degrees forty eight minutes thirty eight seconds West (N 35° 48' 38" W) a distance of one hundred twenty seven and eighty five hundredths feet (127.85 feet) to a point on the northern right-of-way of Emylyn Lane at the southernmost corner of the above mentioned Lot No. 16, the Place of Beginning; CONTAINING zero and seventy hundredths acres, more or less (0.77 +/-).