Loading...
HomeMy WebLinkAbout11-5487Stipulations Against Liens David L. Davison and Corey E. Davison Owner Rine & Rine Builders, Inc. Contractor In the Court of Common Pleas County of Cumberland, Pennsylvania Docket Number Page Number t- Sy a -? Clot k Term 2011 Whereas, Rine & Rine Builders, Inc., ("Contractor') of 39 Independence Drive, Shippensburg, Pennsylvania, has entered into a contract with David L. Davison and Corey E. Davison ("Owner') of 1022 Deerfield Commons, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 100 Woodridge Drive, Lot No. L28 Shippensburg, Cumberland, PA, described in Exhibit "A" hereof, of which David L. Davison and Corey E. Davison 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: (-,, .,J) -" I D rd L. Daviso Corey E. Da son RINE & RINE BUILDERS: By: Curtis /4. Rine v3 '_ s-n - rn? Von o° ° s +C? ys C]-rn CO --it'r't 4 t' :;10 t^kk aoU.M M (;ltlkl Chi:. OF Iaa-4i File No. MS35492 Exhibit A ALL the following described real estate lying and being situate in Southampton Township, Cumberlnd County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin at the northerly edge of a street known as Southwood Drive at corner of Lot L-29 on plan of lots hereinafter referred to; thence along Lot L-29 on said plan of lots, North 28 degrees 38 minutes 38 seconds West 190.01 feet to an iron pin at other lands of the Grantor herein; thence along other lands of the Grantor herein, North 29 degrees 52 minutes 30 seconds East 17.11 feet to an iron pin at Lot L-27 on said plan hereinafter mentioned; thence along Lot L- 27 on said plan, South 84 degrees 26 minutes 10 seconds East 166.76 feet to an iron pin at the edge of a street known as Woodbridge Drive; thence along the edge of street known as Woodbridge Drive on a curve to the left having a radius of 275 feet, an arc length of 60.54 feet and a chord bearing of South 0 degrees 44 minutes 35 seconds East 60.42 feet to an iron pin at the edge of Woodbridge Drive; thence along Woodbridge Drive, South 7 degrees 3 minutes 0 seconds East 40.69 feet to an iron pin; thence by the intersection of Woodbridge Drive with Southwood Drive, on a curve to the right having a radius of 35 feet, an arc length of 49.2 feet, a chord bearing of South 33 degrees 13 minutes 9 second West 45.25 feet to an iron pin at the northerly edge of Southwood Drive; thence along the edge of Southwood Drive on a curve to the left having a radius of 330 feet, an arc length of 69.88 feet, a chord bearing of South 67 degrees 25 minutes 21 seconds West 69.75 feet to an iron pin, the place of BEGINNING. BEING Lot No. L-28, as per subdivision of land for Southwood Crossing, prepared by Carl D. Bert & Associates, dated March 20, 2009, recorded in Cumberland County, Pa., Instrument No. 2010-37694.