HomeMy WebLinkAbout13-0240~~-~~i-C7~ r`= fi,
Stipulations Against Liens `- ~~~~~~ 1p~j''
1D13JAN 14 P~3~g~ Court of Common Pleas County of
Claypoollll -Tiday L~~+,,1~~~~A~Q CDIJNTY Cumberland, Pennsylvania
Owner Q~NNSYLVANIA
Claypool III -Tiday LLC Docket Number ~~ j ~ a,~~ ~~ Term 2013
Contractor
Page Number
Whereas, Claypool III -Tiday LLC ("Contractor"), has entered into a contract with Claypool III -Tiday LLC("Owner")
of ,for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 10 Bellwood Court,
Carlisle PA 17013, 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.
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Signed and sealed in the presen of:
Claypool III -Tiday LLC, owner Claypool III -Tiday LLC, contractor
Exhibit "A"
All that certain tract of land situated in Middlesex Township, Cumberland County, PA, being Lot 130, 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 129 and lying in a southerly R/VV line of
Bellwood Court (50' R/W; 60' radius cul-de-sac); thence, along said R/W along a curve to the left having
a chord bearing of N60°01'40"E, a chord distance of 66.96 feet, a radius of 60.00 feet, and an arc length
of 71.04 feet to an iron pin; thence, continuing along said R/W along a curve to the right having a chord
bearing of N53°05'37"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, continuing along said R/W N80°04'40"E 25.64 feet to an iron pin lying along
said R/W and being a westerly corner of Lot 131; thence, along said lot S09°55'20"E 232.86 feet to an
iron pin being a southerly corner of said lot and lying in a northerly line of Open Space; thence, along
said Open Space S72°35'34"W 164.74 feet to an iron pin lying in a northerly line of said Open Space and
being a southeasterly corner of Lot 129; thence, along Lot 129 N03°56'45"E 227.71 feet to an iron pin,
being the place of beginning, containing 0.690 acres.
Lot 130 is subject to a 10' wide utility & sidewalk easement along its street frontage, one half of a
20' wide drainage easement along the northerly portion of its westerly boundary, and a wetlands
conservation easement along its southerly boundary
Commonly Known As: Lot 130 Meadowbrook Farms, 10 Bellwood Court, Carlisle, PA 17013
Parcel: 21-06-0019-065