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HomeMy WebLinkAbout13-0144';~ ~riE ~'E?ClTHC3li~l~;~i~; ,: ~~P3 JAN -9 QM I~ ~ 10 C~JMBERI.A~(3 COl1k i Y PENNSYLVANIA STIPULATION AGAINST LIENS Robert J. Vigil and Cristina M. Vigil McGraw Construction LLC Owner Contractor In the Court of Common Pleas of Cumberland County, Pennsylvania 13 J yy M ~ Docket Number °~ ~ -Term 2~ Page Number Whereas, McGraw Construction LLC ("Contractor") of has entered into a contract with Robert J. Vigil and Cristina M. Vigil ("Owners") of 1358A Kiner Boulevard, Mechanicsburg, PA 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1358A Kiner Boulevard, Monroe Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. ~`~~',00 ~~ ~Ja~~tati ~~~ iii 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 Owners 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 Owners full power and authority to protect Owners 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. ~~~ 31 ~..( ~/~W` l I ~ / ~! ~uL ~Jt~r~lc..w ~~ca.~STGf" /`~~ Witness our hands and seals the day and year aforesaid. "! Signed and sealed in the presence of: Robert J., igil ( \ ~ ~ , /1 `~, ) Cristina M. Vigil MCGRAW CONSTRUCTjpN LLC By: r. Jerome S McGra File No. 12-1857 ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin located South 63 degrees 5 minutes 36 seconds West a distance of one thousand hundred twenty and sixty-four one-hundredths (1120.64) feet from a point in the center line of L.R. 21028, which center line point is one thousand fourteen (1014) feet in a Southerly direction from the intersection of the center line of L. R. 21028 and Trindle Road (R. T. 641), thence from said iron pin South 12 degrees 46 minutes 32 seconds East a distance of four hundred nine and thirty one-hundredths (409.30) feet along atwenty-five (25) foot wide road to an iron pin; thence South 65 degrees 40 minutes West a distance of two hundred ninety- two and forty-four one-hundredths (292.44) feet to a point; thence along the lands now or late of William W. Kiner South 11 degrees 17 minutes 17 seconds East a distance of four hundred five and sixty-seven one-hundreds (405.67) feet to a bolt on the Northerly side of a fifty wide street; thence along the Northerly line of said street North 79 degrees 48 minutes East a distance of forty (40) feet to a bolt on the same street line; thence along the lands now or late of John F. Korman North 11 degrees 17 minutes 17 seconds West a distance of three hundred ninety-five and sixty- two one-hundredths (395.62) feet to an iron pin; thence South 62 degrees 27 minutes 23 seconds West a distance of three hundred sixty (360) feet to an iron pin ;thence along the lands now or late of John Linn North 39 degrees 31 minutes 51 seconds West a distance of three hundred ninety five and fifty-one one-hundreds (395.51) feet to an iron pin; thence along the lands now or late of D.B. Taggart North 63 degrees 5 minutes 36 seconds East a distance of eight hundred seventy-nine and fifty-five one-hundreds (879.550 feet to the Place of BEGINNING. THIS description is in accordance with survey of Ernest J. Walker, Professional Engineer, dated July 11, 1967. UNDER AND SUBJECT nevertheless, to the restrictions and easements of record. BEING part of an unnamed plan, subsequently referred to as Green Valley Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 11, Page 6. THE PREMISES may be subdivided into no more than six (6) parcels.