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HomeMy WebLinkAbout12-4352Stipulations Against Liens Howard Stein and Jessica Stein Owner In the Court of Common Pleas County of Fred A. Tiday Builders, Inc. Contractor Docket Number Page Number Cumberland, Pennsylvania a -- q35 01?4 6-vit Term 2012 Whereas, Fred A. Tiday Builders, Inc. ("Contractor"), has entered into a contract with Howard Stein and Jessica Stein ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5005 Chloe Lane, Mechanicsburg, Cumberland, PA, described in Exhibit "A" hereof, of which Howard Stein and Jessica Stein are 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 afores id and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand aid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, an intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all sub ontractors, 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 yvork 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 viol tion 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 suuconiracior 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 t 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 con erning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Fred A. Tiday, President of F A. Tiday BuildeVs, Inc. Qt\jA ScP Y. 00 P J i^ L A 4t973 RWa779Fy n A _ N S ? cn w ©, A© z c-a ? o 5:c= r1%) OF --it cn W Exhibit "A" ALL THAT CERTAIN tract of land located in the Township of Hampden County of Cumberland State of Pennsylvania in accordance with a plan entitled "Final Subdivision Plan for Watts Tract" dated August: 19, 1999 and last revised July 25, 2000. BEGINNING at an iron pin to be set located along the northern right-of-way line of Chloe Lane at the dividing line between unit 9 and unit 8 as shown on the above said plan; thence along unit 9, North 12 degrees 53 minutes 31 seconds West, a distance of 153.05 feet to an iron pin at be set at the corner of unit 9 and unit 10; thence along unit 10, North 29 degrees 30 minutes 03 second East a distance of 161.59 feet to an iron pin to be set at the corner of unit 10 and unit 7; thence along unit 7 South 23 degrees 22 minutes 33 seconds East, a distance of 281.03 feet to an iron pin to be set along the northern right- of-way line of Chloe Lane; thence along Chloe Lane the following (3) three courses and distances: (1) a curve to the right having a radius of 125.00 feet, a delta angle of 16 degrees 09 minutes 42 seconds, an are length of 35.26 feet, and a chord bearing and distance of South 72 degrees 42 minutes 03 seconds West 35.14 feet, to an iron pin to be set; (2) SOuth 80 degrees 46 minutes 54 seconds West a distance of 101.76 feet to an iron pin to be set; (3) Along a curve to the left having a radius of 200.00 feet, a delta angle of 6 degrees 44 minutes 02 seconds, an arc length of 23.51 feet, and a chord bearing and distance of South 99 degrees 24 minutes 53 seconds West, 23.49 feet, to an iron pin to be set at the dividing line between unit 8 and unit 9, the place of BEGINNING. CONTAINING 0.702 acres or 30,594 square feet more or less. Subject to all covenants and agreement of record.