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Home My WebLink About12-3601Stipulations Against Liens Stacey A Kimble and Rodney L Martinez Owner H&F Builders Contractor In the Court of Common Pleas County of Cumberland, Pennsylvania Page Number Docket Number lot -- 3&0/ M!b Term 2011 Whereas, H&F Builders ("Contractor') has entered into a contract with Stacey A Kimble and Rodney L Martinez("Owner") of , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2105 Pine Road, Newville PA 17241, Pennsylvania, described in Exhibit "A" hereof, of which Stacey A Kimble and Rodney L Martinez 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 in?erf"ion$';,w' hatsoever in entering such satisfaction of in anywise touching or concerning the same. qtr, ,?, Witness our hands and seals the day and year aforesaid. ? Signed and sealed in the presence of: Co 3 t-.. - ; cTVI.1. 20-12/M7 ,.0' V. AEI PINNACLE LAND TRANS iii Exhibit "A" ALL the following described real estate, lying and being situate in Penn Township, Cumberland County, Pennsylvania, bounded and limited as follows in accordance with subdivision for Donald L. Keiter, dated August 16, 1990, prepared by Charles R Coop surveyor, recorded in Cumberland County Plan Book 62, Page 123, as to wit: 71 . 0011001 BEGINNING at a pint marked by a P.K. nail in the centerline of Pine Road (L.R. 21008) at corner of Lot No. 3 on the aforesaid subdivision Plan, thence along the line of Lot No. 3, North 03 degrees 31 minutes 56 seconds West 318.33 feet to a point in comer of Lot No. 3; thence along Lots 3 through 9 inclusive on the aforesaid Plan, South 86 degrees 28 minutes 04 seconds West 1039.5 feet (erroneously set forth as 1189.05 on plan) to a pin in comer of Lot No. 9 and lands now or formerly of Scott L. Gleira; thence along land now or formerly of Scott L. Gleim, North 00 degrees 40 minutes 06 seconds West, (erroneously set forth on prior Deed as North 04 degrees 47 minutes 03 seconds West) 134.76 feet to a pin; thence continuing along same the following courses and distance; North 04 degrees 47 minutes 30 seconds West, 170.10 feet to a pin; North 79 degrees 37 minutes 31 seconds East 98.00 feet; North 05 degrees 54 minutes 29 seconds West, 145.00 feet to an iron post; thence along lands now or formerly of Deborah Thurbon, North 87 degrees 02 minutes 16 seconds East 1171.62 feet to a pin; thence along same along a curve to the left, with a radius of 2097.30 feet and a chord bearing of North 84 degrees 08 minutes 02 seconds East and an, arc length of 211.28 feet to a pin in corner of lands now or ,formerly of Thurbon and lands now or formerly of Clark A. Rhoads; thence along land now or formerly of Clark A. Rhoads, South 09 degrees 13 minutes 00 seconds East, 460.14 feet to a pin in comer of land now or formerly of Clark A. Rhoads and Lot No. 2 on the aforementioned plan; thence along Lot No. 2, South 86 degrees 28 minutes 04 seconds West, 134.15 feet to a pin in comer of Lot No. 2; thence along Lot No. 2, South 03 degrees 31 minutes 56 seconds East 318.33 feet to a P.K. nail in centerline of the Pine Road, L. R. 21008; thence along the centerline of the Pine Road, South 86 degrees 28 minutes 04 seconds West, 352.55 feet to a P.K. nail, the point and place of BEGINNING. BEING LOT NO. Ion the aforementioned Plan. CONTAINING 17.88 acres, -more or less. SUBJECT to a 20 foot drainage easement as set forth on the aforementioned Plan. SUBJECT to restrictions regarding wetlands set forth by the Pennsylvania Department of Environmental Resources. SUBJECT to Warranty Easement Deed, dated April 8, 2009 between Deborah A. Thurbon, formerly known as Deborah A. Brossman and the United State of America as set forth at Cumberland County Instrument No. 200911255. SUBJECT to a 25 foot right-of-way along L.R. 21008. ALSO, SUBJECT to restrictions (8) as set forth in Cumberland County, PA Deed Book Volume 35, Page 262. SUBJECT to following restriction: no driving of 3 wheelers or motorcycles on the said described premises. UNDER AND SUBJECT TO right-of--way designated in Deed of Easement from Donald L. Keiter and Grace M. Keiter to Deborah A. Thurbon and Douglass C, Brossmann, dated January 12, 1988 and recorded in the Office aforesaid in Misc. Book 345, page 518. Reference is made to an agreement dated March, 1992 to be recorded simultaneously herewith regarding the aforesaid right-of-way. .0 ` 1 rman Horst, Owner Stacexar? r r. odne L m File No. KWC41466 #aq.oo Po ? em u(' eg 3&oq/r647 Efa?6yl.,