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HomeMy WebLinkAbout12-6261Stipulations Against Liens Tiday Property Management LLC Owner Tiday Property Management LLC Contractor ~ui2 OCT `~n P~1 2: ~~urt of Common Pleas County of Cumberland, Pennsylvania ..lJf~~3L111..H1f~ 4lJL/N t fr PENNSYLYAhIIA Docket Number , O` _ ~p o~2 1 Page Number Term 2012 Whereas Tiday Property Management, LLC ("Contractor") has entered into a contract with Tiday Property Management LLC("Owner"), for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 39 Meadowbrook Farms, Pennsylvania, described in Exhibit "A" hereof, of which Tiday Property Management 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 whatsaever 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: ~9-ia - -- q - a Tiday Propert anagement, Contractor Tiday Prope agement LLC, owner ~~~.~~~ ~ ~ ~~Q~ ~~" a$~~~ ~ ~ EXHIBIT A All that certain vast of land situated in Middlesex and North Middleton Townships, Cumberland County, PA, being Lot No. 39, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase VI," dated March 24, 2006 by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin, being a northerly corner of Lot No. 38 and lying in an easterly RNV line of Old Coach Lane (50' R/11V); thence, along said RNV along a curve to the right, having a chord bearing of N24o01'28"E, a chord distance of 134.49 feet, a radius of 475.00 feet and an arc length of 134.94 feet to an iron pin, lying in an easterly line of said RNV and being a westerly comer of Lot No. 40; thence, along said lot S57o50'14"E 183.00 feet to an iron pin, being a southerly corner of Lot No. 40 and being a westerly corner of Lot No. 97 (Existing Phase 4); thence, along Lot No. 97 and along Lot No. 98 (Existing Phase 4) S23o18'42"W 82.54 feet to an iron pin being a westerly corner of Lot No. 98 and being an easterly corner of Lot No. 38; thence, along Lot No. 38 N74o06'52"W 184.03 feet to an iron pin, being the place of beginning, containing 0.462 acres. Lot No. 39 is subject to a 10' wide utility/sidewalk easement along its street frontage and a 20' wide drainage easement traversing through its easterly boundary.