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HomeMy WebLinkAbout12-4164Stipulations Against dens Gettys Development Company, LLC Owner Gettys Development Company, LLC JUNE 28, 2012 In the Court of Common i3Yeag Countp of Cumberland Per, Docket Number ! X -4 t G l MO Contractor Page Number Vbereao, Gettys Development Company, LLC ("Contractor'), has entered into a contract Development Company, LLC ("Owner"), for the erection or construction of a SINGLE FAMILY DWELLING L ground known as 120 Allegheny Lane, Carlisle, PA 17013, North Middleton Township, Cumberland County, described in Exhibit "A" hereof, of which Gettys Development Company, LLC is the title holder of record; and Wbereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improvem or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any s for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any waived hereby. -0ofm, Tbig agreement Vitneggetb: That Contractor, for and in consideration of the contract afore, considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, ai to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all sut materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground hereof, or the curtilage or curtiiages appurtenant thereto by anyone, and that all subcontractors, materialmen . shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor c Sub this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall be effective with respect to work done and materials furnished under any supplemental contract for extra erection, construction and completion of the building as well as to any work and labor done and materials Purr the contract aforesaid. aub, in order to give the Owner full power and authority to protect Owner and the building, improveme of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violE foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Com of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as . Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any sul or materialman, or in the name of any one or more of them against the building, improvements, lot of ground thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authc contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or cone same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: LLC VINVAIAS?$IRN AINA03 ONV1 aun 91:01 Nb S- Inn 118Z By I By Stel Gettys By Johansen, Jr., Member LLC Johansen, Jr., Member Term 20 i Gettys the lot of sylvania, erected ontractor ;h lien be i and the lid by the intending ntractors, er lien or any part I laborers e. Drate and )rk in the ied under and lot i of the i Pleas ney for of any any part e Court, y herein manner nina the File No. 31840GETTYSDEV LEGAL. DESCRIPTION Tmit_ No. 2 . Lot No. 196 ALL THAT CERTAIN lot, Parcel or tract of land located in North Middlel Township, Cun"isnd County, Pawyhranin is accordance with a Find Subdivision Plan Mountain View Ems, Phase 1, prepared by Hartman and Amodaatos, Tire., Engineers & Survey and recorded in the Ofcx of the Recorder of Deeds in and for CumbaiwW County, Paonsylva, in Instrument No.: 201023023, more pardcaudy b coded and described as follows, to wit: BSGVg4MG at apoint on the xxdlm a right-of-way line of AHgomy Lane at d common fiont property oomw of Lot No.111,'1 and Lot Na 186 as shown on the above ref rence Plan; thence song said dividing lino South 28 dwees 17 nnhada 416 seconds Went, a distance c 223.70 fed to a point; dmwe North 17 53 ndw 02 seconds West, a distance of 238.4 feat to a pow tbmrce Nor* 72 d.dwm Z44 Z SS seconds EaA a disshma of 22. l2 feet to point on the southern ri&M, wayofA? jAw thence along said sot-4way ofAlleghen Lane by a carve to the left. having a rst 0-A00 feet and as we length of 80$8 fed to a pour thence continuing by s eww to the dgbt and a Who of 11.00 feet and an are luok of 13.39 Sa to apoint; d mcsbyac mete thel?ba>i SenWho of495.00 fed and= are longlh of 93.71 fd to a point, said pedant being the Placo of BEO NNIM, CONTAINII G 23,500.93 square feet or 0.5393 acres. . BWIG Lot No. 186 as shows on the Final Subdivision Plan of Mountain Vievi Estate„ Phase 4 proWed by Harbmso and Assocides, Lea., Engineers R Surveyors and recorded it the Office of the Recorder oWeeds in and for Cumbarland County, Pennsyly dsin pant No.: 201023023. UNDER AND SUBJECT, nevertheless, to easements, mstridions, conditiorur, and rights of way of record or visible upon inspeatica of praonisea. BEING a part of the same premises which Fred A. Gettys and Fred A. Gettys, LLP a Pennsylvania Limited Liability, by Deed dated September 2, 2010, and recorded September 23, 2010, in the Office of the Record r of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201026594, granted and conveyed unto Classic at Mountain View Estates Limited Partnership. REIN same premises which Classic at Mountain View Estates Limited Partnership by Deed dated ?• , 2012 and about to be recorded in the Office of the Recorder of Deeds in and or the County of Cu berland, Pennsylvania, granted and conveyed unto Gettys Development Company, LLC, Mortgagors herein.