The URL can be used to link to this page

Home My WebLink About12-4765Stipulations Against Liens Steven K. Bixler and Georgina V. Bixler Owner Restoration Woods, LLC Contractor In the Court of Common Pleas County of Cumberland N Docket Number ? a(4 7 CPS <Q 7* Cl) =0 Z^ ) G Whereas, Restoration Woods, LLC ("Contractor") of 451 Latimore Creek Road, York Springs, PA 17372, has entered into a contract with Steven K. Bixler and Georgina V. Bixler ("Owner") of 1901 Chatham Drive, Ca p Hill, PA 17011, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 993 ine Road, Carlisle, PA 17015Dickinson Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof of which Steven K. Bixler and Georgina V. Bixler are the title holder of record; and Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improveme s erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any su ontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any s ch lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract ado said and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in ha d paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowle ged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and a and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lie 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, m terialmen 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 o rate 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 furnis ed under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improveme s and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violat on of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Com on Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as a orney for Contractor and in Contractor's name, mark satisfied of record at 'the cost and expense of the Contractor, r of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any sub ntractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground o any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference tote Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the author herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and a I manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or conc ning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Bixler LLC au? ?L* U 122 a7 ,?Pa Fite No. STEVENBIXLER ALL THAT CERTAIN tract of land, together with improvements thereon erected, situate in the Township of Dicki son, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as1follows, to wit: BEGINNING at a point marked by an iron pin in the centerline of Pine Road (S.R. 3006) at the common point of the within described tract, the centerline of Pine Road, and lands now or formerly of Fred E. Deitch; thence depe the centerline, and extending along lands now or formerly of Fred E. Deitch the following two courses and distan North 23 degrees 57 minutes 14 seconds East through a steel pin set in the northernmost dedicated right of wad Pine Road a distance of 25.14 feet from the origin of this call, for a total distance of 615.85 feet to a steel pin; thi 43 degrees 11 minutes 29 seconds West for a distance of 268.52 feet to a steel pin; thence North 03 degrees 3 40 seconds East for a distance of 74.08 feet to an existing rebar on the southern edge of the Philadelphia and R Railroad right of way; thence extending along said right of way South 77 degrees 54 minutes 59 seconds East fc distance of 159.87 feet to a point in the center of the Yellow Breeches Creek; thence extending in and through & of the bed of the Yellow Breeches Creek the following thirteen courses and distances: South 28 degrees 20 min seconds East for a distance of 171.21 feet; South 50 degrees 45 minutes 35 seconds East for a distance of 125. South 73 degrees 16 minutes 43 seconds East for a distance of 97.92 feet to a point; South 86 degrees 29 minu seconds East for a distance of 169.80 feet to a point; South 63 degrees 55 minutes 31 seconds East for a distan 90.04 feet to a point; South 13 degrees 18 minutes 48 seconds West for a distance of 45.14 feet to a point; Soul degrees 00 minutes 50 seconds East for a distance of 62.11 feet to a point; South 61 degrees 00 minutes 25 se4 East for a distance of 290.58 feet to a point; North 74 degrees 52 minutes 48 seconds East for a distance of 220 a point; South 75 degrees 15 minutes 06 seconds East for a distance of 401.22 feet to a point; South 42 degree; minutes 31 seconds East for a distance of 85.35 feet to a point; South 04 degrees 12 minutes 28 seconds East f distance of 69.65 feet to a point; South 78 degrees 40 minutes 16 seconds East for a distance of 18.02 feet to a the bed of said Creek at lands now or formerly of Mark L. Hoopert III;, thence departing from the bed of the Yellow Breeches Creek and extending along said lands South 09 degrees 51) minutes 44 seconds East through a steel I the northernmost dedicated right of way line of Pine Road, a distances of 25.05 feet from the terminus of this call, distance of 518.60 feet to a point in the center of said roadway at lands now or formerly of William E. Demuth; the extending in and through the centerline of Pine Road South 83 degrees 53 minutes 42 seconds West for a distar 72.47 feet to a point; thence continuing South 83 degrees 04 minutes 29 seconds West for a distance of 270.701 steel pin; thence continuing in and through the centerline by an arc or curve to the right having a radius of 750 fe( of 397.74 feet, on a bearing North 81 degrees 32 minutes 55 second $ West for an arc length of 402.56 feet to a I thence continuing in and through the centerline of said roadway North 66 degrees 10 minutes 20 seconds West f distance of 453.46 feet to a steel pin; thence by an arc or curve to the left having a radius of 4000 feet, a chord o1 feet, on a bearing North 69 degrees 10 minutes 19 seconds West for'an arc length of 418.86 feet to a point; then continuing in and through the centerline North 72 degrees 10 minutes 19 seconds West for a distance of 274.041 point in the centerline of Pine Road at lands now or formerly of Fred E. Deitch, said point marking the place of BEGINNING. CONTAINING 25.994 acres to the dedicated right of way line and 27.073 acres to the property line, being desigr Lot #1, all in accordance with a final plan of subdivision prepared by Harry H. Fox, Jr. by Shelly & Witter, Inc., Pry Land Surveyors, dated December 2001, and recorded in the Office of' the Recorder of Deeds in and for Cumberl County, Pennsylvania in Plan Book 85 at page 29, which tract includes all portion of the property formerly known Elizabeth A. Eater Farm, which is situate on the northern side of Pine'Road (S.R. 3006). (joiner of ng from line of nce North ! minutes center tes 11 7 feet; :s 37 e of 38 03 feet to 41 ra oint in n set on or a total nce ;e of :et to a I, a chord oint; ?r a 418.67 e set to a led as essional id s the