HomeMy WebLinkAbout12-4165Stipulations Against Liens
Gettys Development Company, LLC
Owner
Gettys Development Company, LLC
Contractor
JUNE 28, 2012
Itt the Court of Common J91eag Coutttp of
Cumberland
, Penj
Docket Number 11t 4b
Page Number
Vberea%, 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 122 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
Vfjereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improveme
or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any su
for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any s
waived hereby.
-Qobo, Tbig ftreement Vttneggetb: That Contractor, for and in consideration of the contract afores6
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand p,
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcc
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or otl
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground of
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen an
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor dor
Zinb 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.
Zlnb, 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 sue
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:
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Fite No. 31840GETTYSDEV
LEGAL DESCRIPTION
ALL TEAT C=TAW iok pand or tract of land located to Middleton
Township, CumbeclwA Couaty,. Pests lvanitt In accordance with s Foal Sub" Plan of
MounWa Viow Estalla, Phase4wm4byHw t=sad Associate,1na., Engiaeas Surveyors
and moor" in the O?ceoldw Reoderofl?eals in ad for Cumberland County, wwylvanis
in lnabment No.: 201025023, tnorsparticulaly bounded and described as 8ollow0. wit:
ana at the
common front property corner of WNo 183 and Lot No. 186 as sham on rsfe?raeced
BEGU4MG at a point on the southern d way line of Jsamdfus
Plan; thence aloe` said sight-of-way line of Alle& ay Lase by scum bo tha radius
of 495.00 fed and an we largtb of 101.43 Beet to a point; thence by a arvlaving a
radius of 11.00 and an arc length of 17.2$ feet to a pant on the aasteen ay line of
'>titacm"Trail;tltetoec alongxniddgtotlrwayHeraofTuscmn16 degrees
30 minattes S8 aecorJdttWak a dtsbmp of 9.1.31 Ebel io a point; by a ommi t tg a radius
etwee84 and Lot
of 426.00 and art arc legb of I%48 fed to a point ai te dividing line b
Na 185; thencealosgs# nd dtvidieg ling North 72 degtsat 04 minutes 28 soa distance
of 138.10 Rent to a point at the dividing line between LotNo.18S and LotNo.along said
dividing line North28 degnm 17 minute 46 seconds Bast, a distance of 128.point, said
point being the Place of BEC3DIIV O.
CONTA MGr 13,146.36 squats feet or 0.3477 acres.
BZJNG Lot No. 183 as shown on the Final Subdivision Plan of Mo View
Estates, Pbasa i, pcepO+ed by Hartman and Associates, Ina., Eaghum & Surveyors and iecorded in
tWOfBcaofdwRowrderofDambisandAwCnnbaiaadCounty,Pemsyl raisin entNo.:
201023023.
UXV9R AND SUHJBCT, nevadteless, to easements, restrictions,
conditions, and rights of way of reoood or visible upon inspection of PWWses.
BEING a part of the same premises which Fred A. Gettys and Fred A. Gettys, LLP a Pennsylvania
Liability, by Deed dated September 2, 2010, and recorded September 23, 2010, in the Office of the Rec
Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201026594, granted and cc
unto Classic at Mountain View Estates Limited Partnership.
BEING a same prom ises 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 ai
the County of Cu berland, Pennsylvania, granted and conveyed unto Gettys Development Company, LLC,
Mortgagors herein.
ited
r of
for