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HomeMy WebLinkAbout12-5504 4 Stipulations Against Liens In the Court of Common Pleas County of Claypool III -Tiday LLC Cumberland, Pennsylvania Owner Claypool III -Tiday LLC Docket Number ~ Q(- SSO~f M~~ Teem 2012 Contractor Page Number 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 44 County Side Drive, Carlisle, Cumberland, PA, described in Exhibit "A" hereof, of which Claypool III -Tiday LLC 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. subicontractor 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 aforesa d 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 ntiractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or o her lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground car any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen ar~d laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor dope. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall o ertate and be effective with respect to work done and materials furnished under any supplemental contract for extra ark in the erection, construction and completion of the building as well as to any work and labor done and materials furni hed 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 violation 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 ttorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or mate~ialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any su cgntractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground r any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to thle Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the auth rite herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and aN'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: CLAYPOOL ttl, TIDAY, LLC, Contractor Claypool III -Tiday LLC, owner tiro ~.t ~ ~C r... ~ :w~ C) t/7r tJ ~ ,C p C7 ~ ry Y,.. 00 ~5l CK e~ ~$oa37 File No. KWC48492 Exhibit A All that certain tract of land situated in Middlesex Township, Cumberland County, PA, being Lot 125, as shown on a plan entitled, Meadowbrook Farms, Final Subdivision Plan Phase VII", dated April 10, 2008, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin being an easterly corner of Lot 124 and tying in a southerly R/W line of Country ide Drive (50' R/W); thence, along said R/VN along a curve to the left having a chord bearing of S85°29'51"E, a chord dista ce of 56.52 feet, a radius of 325.00 feet, and an arc length of 56.59 feet to an iron pin; thence, continuing along said N89°30'51 "E 48.38 feet to an iron pin; thence, continuing along said R/V1/ along a curve to the left having a chord bearing of N88°17'46"E, a chord distance of 13.82 feet, a radius of 325.00 feet, and an arc length of 13.82 feet to an iron pint lying along said R/VN and being a northwesterly corner of Lot 126; thence, along said lot S02°55'19"E 129.29 feet to an iron pin being a westerly corner of said lot and a northerly corner of Lot 127; thence, along Lot 127 S74°24'50"W 147.72 fleet to an iron pin being a common comer of lots 127, 128, and 124; thence, along Lot 124 N05°40'57"E 173.28 feet to an iron pin, being the place of beginning, containing 0.444 acres. Lot 125 is subject to a 10' wide utility 8 sidewalk easement along its street frontage and one half of a 20' wide drainage easement along its westerly boundary.