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HomeMy WebLinkAbout12-6262~~ ~.~~ ~NL"~USA~"~ Stipulations Against Liens ~' i~ .e~~- 2~~7 ~C'[ ~ ~~~~~"ourt of Common Pleas County of Claypoollll -Tiday LLC ~~It~iE~ERL~t#D ~QU~1`~` Cumberland, Pennsylvania Owner PEt~~iSYt~Q~t A An Claypool III -Tiday LLC Docket Number ~ a-- ~~~a- ,! t ~~ Term 2012 Page Number Contractor Whereas, ,~ ("Contractor") has entered into a contract with Claypool III - Tiday LLC("Owner") for the erec, on or constru tion of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 132 Meadowbrook Farms, Pennsylvania, 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 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 aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, 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 work 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 violation 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 materialmen, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, 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 to 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 concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: g~ ~ Claypool II - y, LLC, contractor Claypoo III - Ti LC, owner ~ ~~~5 ~a~~c~~s EXHIBIT A All that certain tract of land situated in Middlesex Township, Cumberland County, PA, being Lot 132, 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 a northerly corner of Lot 131 and lying in a southerly R/W line of Bellwood Court (50' R/VN); thence, along said R/W along a curve to the left having a chord bearing of N48447'27"E, a chord distance of 116.92 feet, a radius of 225.00 feet, and an arc length of 118.28 feet to an iron pin lying along said R/W and being a westerly corner of Cherry Blossom Court (50' R/W); thence, along Cherry Blossom Court (50' R/W) the following four bearings and distances: along a curve to the right having a chord bearing of N72457'47"E, a chord distance of 31.62 feet, a radius of 25.00 feet, and an arc length of 34.24 feet to an iron pin; thence, S67Q48'19"E 34.83 feet to an iron pin; thence, along a curve to the right having a chord bearing of S40449'17"E, a chord distance of 22.69 feet, a radius of 25.00 feet, and an arc length of 23.55 feet to an iron pin; thence, along a curve to the left having a chord bearing of S36°09'26"E, a chord distance of 45.57 feet, a radius of 60.00 feet, and an arc length of 46.75 feet to an iron pin lying along said R/W and being a northwesterly corner of Lot 133; thence, along said lot S31431'22"W 214.13 feet to an iron pin lying along said lot and being an easterly corner of Lot 131; thence, along Lot 131 N26408'59"W 181.99 feet to an iron pin, being the place of beginning, containing 0.561 acres. Lot 132 is subject to a 10' wide utility & sidewalk easement along its street frontages and a wetlands conservation easement along its southerly boundary.