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HomeMy WebLinkAbout13-0650Stipulations Ngainst Liens David A. Hippensteel and Carol A. In the Court of Common Pleas County of Cumberland, Pennsylvania Hippensteel - ^~: Owner i..e ` 7 ...,~, ~. G.s.~ Classic Communities Corporation and Docket Number 01.3'*~ Classic at Mountain mew Estates, LP, ~~ f`° I Page Number -~>• `~''' ..,f Conhwcror ' ~'" ty ~' C. ~ ~ ~~ - L~ Vdhereas, Classic Communities Corporation and Classic at Mountain View Estates, LP, ("Contractor"J~f~uphll~ County Pennsylvania, has entered into a contract with David A. Hippensteel and Carol A. Hippensteel ("Owner of ~ Hope Terrace, Carlisle, Pennsylvania, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot Dt.i ground known as 725 Appalachian Avenue, Lot 12 of Mountain View Estates, Carlisle, Cumberland, PA, described in Exhibit "A" hereof, of which David A. Hippensteel and Carol A. Hippensteelare 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 famished 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 cartilage or cartilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials famished 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 famished 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 famished under the contrail 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 Gaims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authori2es 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 Contrailor, or of any subcontractor or materialman, any and all ilaims or Gaim, 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,ancj sealed in the presence of: o,~ b ~~ ~~~ 1~~ ~(~i~ K hrl~cul ~, f '''~ ~CI 1~ . `~ ,~ C! ,~~~f Day A Hlp en 1 j arol A Hippensteel ~~ BY: CI sic Communities orporatlon Cla cat Mountain View Estates --r ,- Jif', ~~ c-: ...~,~ ~; r ~~~ ~~- `/. 6 0 s~ttl~.~~,z~ File No. MS52635 Exhibit A ALL that certain lot, parcel or tract of land located in North Middleton Township, Cumberland County, Pennsylvania, in accordance with a Final Subdivision Plan of Mountain View Estates, Phase I, prepared by Hartman and Associates, Inc., Engineers & Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No: 201025023, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of Appalachian Avenue at the common front property corner of Lot No. 12 and Lot No. 13 as shown on the above referenced Plan; thence along said right of way line of Appalachian Avenue, North 39 degrees 11 minutes 37 seconds West, a distance of 96.88 feet to a point; thence continuing by a curve to the right having a radius of 11 feet and an arc length of 37.28 feet to a point on the southern right of way line of Tussey Trail; thence along the said right of way line of Tussey Trail, North 50 degrees 48 minutes 23 seconds East a distance of 93.18 feet to a point; thence continuing along the same by a curve to the right having a radius of 225.00 feet and an arc length of 37.50 feet to a point; thence along the same, North 60 degrees 21 minutes 23 seconds East a distance of 72.33 feet to a point at the dividing line between Lot No. 12 and lands now or formerly of Cletus A. Kipps, Jr.; thence along said dividing line, Soutti 29 degrees 38 minutes 37 seconds East a distance of 94.07 feet to a point at the dividing line between Lot No. 12 and Lot No. 13; thence along said dividing line, South 50 degrees 48 minutes 23 seconds West, a distance of 197.24 feet to a point, said point being the place of BEGINNING. BEING Lot No. 12 as shown on Final Subdivision Plan of Mountain View Estates, Phase I, prepared by Hartman and Associates, Inc., Engineers 8 Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 201025023.