HomeMy WebLinkAbout12-4912Stipulations Against Liens
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Claypool III - Tiday, LLC GOUNTY
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Claypool III - Tiday, LLC
Contractor
Court of Common Pleas Count
Cumberland, Penn:
Docket Number
Page Number
9.011
of
2012
Whereas, Claypool III - Tiday LLC ("Contractor"), has entered into a contract with Claypool III - Tiday, LLC("Owner")
for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 53 County Side Drive,
Carlisle, Pennsylvania, described in Exhibit "A" hereof, of which Claypool III - Tiday, LLC are the title holder of rec rd; and
Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvemen 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 contrac aforesaid and
the considerations mentioned thereunder, as well as the further consid ration of One Dollar ($1.00) to it in had paid by the
Owner at or before the sealing and delivery of these presents, the receip of which is hereby acknowledged, and tending to be
legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractor materialmen,
laborers and parties acting for, through or under Contractor, that no me hanics' lien or claim or other lien or cl m of any kind
whatsoever shall be filed or maintained against the building, improveme its, lot of ground or any part hereof, or the curtilage or
curtilages appurtenant thereto by anyone, and that all subcontractor , materialmen and laborers shall loo to and hold
Contractor personally liable for all subcontracts, materials furnished and ork and labor done.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall perate and be
effective with respect to work done and materials furnished under any supplemental contract for extra work i the erection,
construction and completion of the building as well as to any work and labor done and materials furnished and r 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 the foregoing
covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Commo Pleas of the
Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorne for Contractor
and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any s bcontractor or
materialman, any and all claims or claim, liens or lien, filed by or for thej Contractor, or any subcontractor or ma erialman, or in
the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, or such act or
acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Numb 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 imperfecti ns 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 presenc .
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Claypool III - Tiday, LLC Claypool I I - Ti ay, C
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Exhibit "A"
ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland
County, PA, being Lot No. 79, as shown on a plan entitled "Meadowbrrok Farms, Final
Subdivision Plan, Phase VII, dated April 10, 2008 by Penn Terra Engineering Inc., State
College, PA, recorded January 25, 2010 as instrument number 201002071, bounded and
described as follows:
Beginning at an iron pin being a westerly corner of Lo 78 and lying in an easterly R/W
line of County Side Drive (50' R/W); thence along sal R/W N20°40'58"W 112.50 feeet
to an iron pinn lying along said R1W and being a sou erly corner of Lot 80; thence along
said lot N69°19'02"E 160.00 feet to an iron pin being an easterly corner of said lot and
lying in a westerly line of proposed Lot 7 (Future Phase X); thence along proposed Lot 7
(Future Phase X) and along proposed Lot 8 (Future Phase X) S20°40'58"E 112.50 feet to
an iron pin lying in a westerly line of proposed Lot 8 (Future Phase X) and being a
northerly corner of Lot 78; thence along Lot 78 S69°19'02"W 160.00 feet to an iron pin,
being the place of beginning.
Lot 79 is subject to a 10' wide utility & Sidewalk easement along its frontage
Commonly Known As: 53 Country Side Drive, Carlisle, PA 17013
Parcel: 21-06-0019-076