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HomeMy WebLinkAbout12-3889 N 0"L Stipulations Against Liens JUNE 15, 2012 In the Court of Common ifficas; County, of LEE ANN CADWALLADER and Cumberland STEVEN F. CADWALLADER and ck -. Pennsylvania AUTOBODIES BY LUCAS LTD. t d,rcl.F? -X -: - Owner ? Q?j7c 1 ' rT2 c = ' ; _: N) = . _ CUMBERLAND DESIGN AND Docket Number 77U(? T20 BUILDING COMPANY '=2 Contractor Page Number Co. Wbereag, Cumberland Design and Building ("Contractor"), has entered into a contract with LEE ANN CADWALLADER and STEVEN F. CADWALLADER and AUTOBODIES BY LUCAS, LTD. ("Owner"), for the erection or construction of a COMMERCIAL BUILDING upon the lot of ground known as 526-530 East Main Street, Mechanicsburg, Pa 17055, Mechanicsburg Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which LEE ANN CADWALLADER and STEVEN F. CADWALLADER and AUTOBODIES BY LUCAS, LTD. are the title holder of record; and 30bereag, 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. Aft, Tbig agreement Witneggetb: 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. Zub 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. Zinb, 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: LEE AN CADWALLADER TEVEN F. CADWALLADER CUMBERLAN SIG BU G COMPANY BY RICHARD E. MURPHY At75? AUTOBODIES BY LUCAS, LTD. By LEE ADWALLADER, PRESIDENT By STEVEN F. CADWALLADER, VICE PRESMENT File No. 25504-A-AUTOBOD LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CERTAIN tract of land, situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of East Main Street (Trindle Road) SR0641 marked by a survey spike (set) on the hereinafter mentioned Plan; thence along the southern boundary line of Trindle Road North 73 degrees 36 minutes 45 seconds East, a distance of 236.72 feet to a point; thence through an iron pin with cap (set) South 22 degrees 38 minutes 18 seconds East, a distance of 96.88 feet to a survey spike (set); thence South 69 degrees 53 minutes 31 seconds West, a distance of 245.55 feet to a 3/4" pipe (FND); thence North 17 degrees 17 minutes 39 seconds West, a distance of 107.28 feet to a survey spike (set), the point and place of BEGINNING. BEING THE SAME PREMISES conveyed by William R. White and Crystal H. White, husband and wife, to Steven F. Cadwallader and Lee Ann Cadwallader, husband and wife, by Deed dated September 30, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 186, Page 463. ALSO BEING THE SAME PREMISES conveyed by Arthur G. Bruaw, Jr. to Lee Ann Cadwallader and Steven F. Cadwallader, husband and wife, by Deed dated August 29, 2007, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Instrument No. 200734258. BEING the same premises described on the Preliminary/Final Minor Subdivision and Land Development Plan for Autobodies By Lucas, recorded June 11, 2012, to Cumberland County Instrument No. 201217242.