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HomeMy WebLinkAbout12-4008Stipulations Against Liens Para.el No. 41-13-0108-049 " William H. Hutchinson and Barbara A. Hutchinson Owner Eldon Martin Contractor Page Number Whereas, Eldon Martin ("Contractor') of 8467 Rowe Run Road, Chambersburg, PA, has entered into a contract with William H. Hutchinson and Barbara A. Hutchinson ("Owner") of 523 Ashton Place, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 223 Horsekiller Road, South Newton, Shippensburg, Cumberland, PA, described in Exhibit "A" hereof, of which William H. Hutchinson and Barbara A. Hutchinsonare 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: Cl?? ? ? a I b,Edmmon Pleas County of Cumberland, Pennsylvania f11 MAD el umber N ? IDTerm 2012 Eldon Martin File No. MC45137 Exhibit A ALL of that certain tract of land identified as "Lot No. 2" on a plan titled, "Final Subdivision Plan for Jambeth Investments, L.L.C.", prepared by Light-Heigel & Associates, Inc., dated July 3, 2008, Drawing No. 06-0266, being a portion of the lands now or formerly of Jambeth Investments, L.L.C., described in Deed Book 266, at Page 2500, being more particularly described as follows: BEGINNING at a point in the centerline of Horse Killer Road (T-355), 50 foot wide, in South Newton Township, Cumberland County, Pennsylvania, said point being a corner for the lands herein being described and Lot 1 as shown on the above reference plan; thence, from said Point of Beginning, along Lot 1, the following two (2) courses and distances: 1) South 19 degrees 33 minutes 17 seconds West, 249.60 feet to a concrete monument (set), having crossed over a concrete monument (set) on the southerly right of way line of Horse Killer Road at 25.00 feet from the previous described point; thence, 2) South 16 degrees 52 minutes 39 seconds East, 713.36 feet to a %' rebar with cap (set) on the line of lands now or formerly of the Michaux State Forest, described in Deed Book "I", Volume 11, at Page 28; thence, along the lands of the Michaux State Forest, North 72 degrees 12 minutes 55 seconds West, 207.23 feet to a W rebar with cap (set) at a corner common to Lot 3, as shown on the above reference plan; thence, along Lot 3, the following two (2) courses and distances: 1) North 16 degrees 52 minutes 39 seconds West, 688.99 feet to a concrete monument (set); thence, 2) North 19 degrees 33 minutes 17 seconds East, 275.61 feet to a point in the centerline of Horse Killer Road, having crossed over a concrete monument (set) on the southerly right of way line of Horse Killer Road at 250.61 feet from the previous described point; thence, along the centerline of Horse Killer Road, South 70 degrees 26 minutes 43 seconds East, 192.65 feet to the point of BEGINNING. BEING that same real estate that Jambeth Investments, LLC, a Pennsylvania limited liability company, by Deed dated January 6, 2012 and recorded on January 12, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument Number 201201187, granted unto William H. Hutchinson and Barbara A. Hutchinson, husband and wife herein.