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HomeMy WebLinkAbout12-6608Stipulations Against Liens Osprey-Hawk, LLC Owner W.S. Miller and Sons, }:nc. Contractor fit t~Je CCUUTt Of ~UmtttUTt ~Ce~g ~Uttttth ~f iCumberland Pennsylvania Docket N~rmber ' G~..- (~ ~t 0 ~ ~~ Term 20 Page 1Vumber Inc. ~ljereAS, W.S. Miller. and Sons,~~~Contractor") of Har.r.isburg, Pa. ,has entered into a contract with Osprey-Hawk, LLC ("Owner") of a commercial building ,for the erection or construction of a S~kR4~~#~7~Y DWELLING upon the lot of ground known as 2120 Fisher Road, Mechanicsburg, PA 17055Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Osprey-Hawk, LLC is the title holder of record; and ~Fjereas', 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 waYved hereby ,~utb, ~fji5 agreement ~ftne~~etfj: 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 rr~echanics' 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 alf subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~nb 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. ~~tb, 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 materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, 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: -- ' ~ _~ Os rey-Hawk, L C ~~ { .. X ~ ~ ; ~~. W.S i er. an ons, nc., v Cynthia L. CassE~l, President. .~~-~no~ oN~~~3awn3 ~ ~ =s w~ sz lao z~o>? "N1.iaPpN.tQtid 3~#_l ~;t~ ~~i.~~0-C?~~li ~~y o~ ~a ~~~ ~~~ ~.,.~ ,'~~-r~r c,~'~ 10376 ,R-~ ,s.-~~3Y~' ~'-,f..,I ~~~3 File No. CL12643 ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument set in the southerly dedicated right-of-way line of Fisher Road, said monument being located a distance of 827 feet, more or less, west of the center line of Gettysburg Pike; thence along the said southerly dedicated right-of-way line of Fisher Road, South forty-seven degrees twenty-five minutes seventeen seconds East (S 47°25'17" E), a distance of 251.09 feet to an iron pin; thence along the westerly line of a dedicated right-of-way for a future street, South forty-two degrees thirty-four minutes forty-three seconds West (S 42°34'43" W), a distance of 246.64 feet to an iron pin; thence along Lot No. 5 of a final subdivision plan for Investors Development Group, of which this Lot is a part, North forty-seven degrees twenty-five minutes seventeen seconds West (N 47°25'17" W), a distance of 244.28 feet to an iron pin; thence along Lot No. 1 of a plan recorded in Plan Book 38, Page 91, North twenty degrees nineteen minutes one second East (N 20°19'01" E), a distance of 17.98 feet to an iron pin; thence continuing along said Lot No. 1 North forty-two degrees thirty-four minutes forty-three seconds East (N 42°34'43" E), a distance of ?30.00 feet to a concrete monument, the point of BEGINNING. CONTAINING 1.42 acres of land. HAVING thereon erected an office building known and numbered as 2120 Fisher Road. BEING Lot No. 6 of a final subdivision plan for Investors Development Group as prepared by C.W. ulunkins Associates, Inc., of Mechanicsburg, Pennsylvania, and recorded in Plan Book 49, Page 90, of Cumberland County Records.