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HomeMy WebLinkAbout12-3993Stipulations Against Liens Tariq Nawaz and Abroo T Nawaz Owner Fred A. Tiday Builders, Inc. Contractor In the Court of Common Pleas County of Cumberland, Pennsylvania as ! f S VIA ,)Vgch Jn& 2• a` l- 3 r 3 Term 2012 } RANIA , Whereas, Fred A. Tiday Builders Inc. ("Contractor") of, has entered into a contract with Tariq Nawaz and Abroo T Nawaz ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #2 Pinehurst Hills, 5006 Chloe Lane, , Mechanicsburg, Cumberland, PA, described in Exhibit "A" hereof, of which Tariq Nawuz and Abroo T Nawuzare 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: Tariq Naw Abroo T az Fred A. Tiday B ers, Inc Fred A. 77Tiday, Pr ' ent 00A 3 ay QOr tit ,4 44.157 ?# a,I -? l (D File No. KWC36697 Exhibit A All that certain tract of land situate in hampden township, Cumberland county, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at an iron pin to be set, a common point along lands now or formerly of pinehurst hills, unit no. 1 and pinhurst hills unit no. 2 and the northern right-of-way of smith drive (t-600); Thence along said pinehurst hills unit no. 1, north fourteen degrees thirty-nine minutes twenty-three seconds west (n 14139'23" w) a distance of ninety and twenty-one hundredths feet (90.21') to an iron pin to be set; Thence continuing along said unit no. 1 of pinehurst hills, north nine degrees thirteen minutes six seconds west (n 09113'06"w) a distance of sixty-nine and seventeen hundredths feet (69.17') to an iron pin, to be set; Thence along the southern right-of-way of chloe lane, north eighty degrees forty-six minutes fifty-four seconds east (n 80046'54" e) a distance of twenty and eleven hundredths feet (20.11') to an iron pine to be set along said southern right of way of chloe lane; Thence along said southern right-of-way of chloe lane, by ba curve to the left having a radius of one hundred seventy-five feet (175.00') a chord bearing of north sixty-four degrees fifty-eight minutes five seconds east (n 64°58'05" e) an arc length of ninety-six and six tenths feet (96.60') and a chord length of ninety-five and thirty-eight hundredths feet (95.38') to an iron pin to be set along said southern right-of-way of chloe lane and pinehurst hills, unit no. 3; Thence along said pinehurst hills unit no. 3, south thirty-six degrees fifty-eight minutes fifty-six seconds east (s 36158'56" e) a distance of eighty and twelve hundredths feet (80.12') to an iron pin to be set along said pinehurst hills unit no. 3 Thence along said pinehurst hills unit no. 3 south seventy-three degrees thirty-five minutes nine seconds east (s 73035'09" e) a distance of two hundred six and twenty-one hundredths feet (206.21') to an iron pin to be set along the northern right- of-way of smith drive (t-600) Thence continuing along said northern right-of-way of smith drive (t-600) South seventeen degrees one minute forty seven seconds East (S 1711'40" E) a distance of thirty-eight and fifty-three hundredths feet (38.53') to an iron pin to be set; Thence along the northern right-of-way of smith drive (t-600) by a curve to the right having a radius of three thousand seven hundred eighty-nine and seventy-two hundredths feet (3789.72') a chord bearing of south seventy-five degrees twenty-eight minutes twenty-six seconds west (S 75028'26" W) an arc length of three hundred three hundred thirty-one and eighteen hundredths feet (331.18') and a chord length of three hundred thirty-one and eight hundredths feet (331.08) to an iron pin to be set along said Northern right-of-way of smith drive (t-600) Thence along unit no. 1 of pinehurst hills north twelve degrees one minutes twenty-one seconds west (N 12°01'21"W) a distance of forty-four feet (44.00') to an iron pin to be set; the point of BEGINNING SUBJECT to all covenants and agreements of record.