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HomeMy WebLinkAbout12-3890Stipulations Against Liens NO, June 20, 2012 3n tbe, (Court of Common 301ca-z County of BERACAH BUILDERS, LLP Cumberland Owner , Pennsylvania tftit 6 0 d BERACAH BUILDERS, LLP Docket Number °ct-? Tgrm 20 h? 6k rritZ Contractor Page Number ea _ _ Wbereag, BERACAH BUILDERS ("Contractor") of 6211Whitehall Drive, Mechanicsburg, 70F8 , ha?'-entered into a contract with BERACAH BUILDERS, LLP ("Owner") of 6211Whitehall Drive, Mechanicsburg P"7051? , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 52 Country Side Drive, Meadowbrook Farms, Phase VII Carlisle, PA 17013, Middlesex Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which BERACAH BUILDERS, LLP is the title holder of record; and Iftereag, 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. oft, Xbtg fgreement Vitne0getb: 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. !Cnb 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. Zub, 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 MICHA A. 130111MICK B SCOTT A. MILLIGAN MI HA BUR ICK SdO-fT A. MILLIGAN r File No. 31557SERACAH LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in Middlesex Township, Cumberland County, PA, being Lot No.121, as shown on a plan entitled, "Mesdowbrook Farms, Final Subdivision Plan, Phase M" dated April 10, 2008 by PemtTerra E &aming, Ina., State College, PA, recorded January 25, 2010 as instrument number 201002071, bounded and deacnbed as follows: Beginning at an iron pia being an easterly comer of Lot 120 and lying in a westerly R/W Iine of Country Skis Drive X50' R/Wy, thence, along said R/W 820'40WE 120.84 feet to an iron pin; thence, continuing akmg said R/W along a curve to the left having a chord bearing of S22'21' 13'F, a chord distance of 1895 feet, a radius of 325.00 feet, and an arc length of 1895 feet to an iron pia lying along said R/W and being a northerly corner of Lot 122; thence, along said lot S65°58'32"W 150.04 feet to an iron pin being a westerly earner of said lot; and an easterly comer of Lot 116; thence, along Lot 116 and along Lot 117 N22°39'06 V 148.61 feet to an iron pia being a northerly comer of Lot 117, an easterty corner of Lot 118, and a southerly corner of Lot 120; thence, along Lot 120 N69'19'02"E 15434 feet to an iron pia, being the place of beginning, containing 0.503 acres. Lot 121 is subject to a 10' wide utility & sidewalk easement along its street frontage, a wetlands conservation easement along a portion of its southerly boundary, and one half of a 20' wide drainage easement along its westerly boundary. 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 a part of the same premises which Pamay Development Co., Inc., a Pennsylvania business corporation by its Deed dated , 2011 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland County, Pennsylvania, granted and conveyed unto Beracah Builders, LLP, a Pennsylvania limited liability partnership, Mortgagors herein.