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HomeMy WebLinkAbout13-1121A ~ 3 Stipulations Against Liens Kenneth H. Burkholder and Stephanie M. Burkholder Owner Tiday Property Management, LLC Contractor FEBRUARY 27, 2013 ~(n t~je CCourt of ~Comntou ~[eag ~Couutp of Cumberland Docket Number ~ ~J - ~lp~ ~ ~ ~ Page Number Pennsylvania Term 20 ~herea>~, Tiday Property Management, LLC ("Contractor"), has entered into a contract with Kenneth H. Burkholder and Stephanie M. Burkholder ("Owner") of 3507 Beech Run Lane, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 55 Balfour Drive, Mechanicsburg, PA 17050, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Kenneth H. Burkholder and Stephanie M. Burkholder are the title holder of record; and ~Ijereag, 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. ,~otu, Whig ~greemeut '~ftue~geth: 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. ~nD 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. ~ttD, 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: ~~l~rtn~th H. Burkholder o -~ aa~~ ~ ~.. ~~ aNi~ Tiday Property Ajl~nagement, LLC `~ ~ ~° By ~ ~ '~~ Jason Tid ` emt-er A •• y .~ -~- v°~ ~ ~ ~ ?~/ ~ o pd e# ~.~ 7i~ e~ as~~~9 . --y 's LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of laud being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the eastern right-of--way line of Balfour Drive (SO- foot right-of-way) at the southeast ~rm 44 ~t 102 07 minu~tes~soconda ~ a diatsncx of along the southern lrne of Lot 1 degrees 268.91 feet to a point along the western line of lands now or formerl~Y °f~G~ s~~ East,da thencx lands now or formerly of Howard, South 36 degtad distancx of 101.37 feat to a point being the northeast owner of Lot 104; thenax along the northern line of Lot 104, South 44 degrees 07 minutia 37 seconds West, a distance of 250.37 feat to a point being the soirthwert corner of Lot 104 and a point along Balfour Drive; thence along Balfour Driv0. North 45 dag<+oas 52 ~u~ 23 seconds West, a dista~e of 75.98 feat to a point; thaocx along the soma, by a eurv~e to the left having a radius of 175.00 feat a~ an arc length of 24.04 feet b a point, the point and placx of BEGINNING. BEING Lot No. 103 on the Final Subdivision Plan of MiUfording Highlander, Phase IV, recorded July 20, 2012, in ttw Cumberland County Recorder of Deeds Otfice in Instrumaat Number 201221674, and CONTAINING 25,881.20 square feet or 0.5942 acres. BEING the was pnmhjss which 8ampN BrldOs Ventures, LP, a Psnnsyhrania Ihnitsd parbMeship, by oaad dabd Apri114, 2064, and raoordad AprU 16, 2064, in the Olilaa- d tla RwrrMr d Dasds p~ and for the County d Cun~srland, Panraylvanla, in Sovlr 263, PaOs 2S/2, Branfad and comrsyad unto Sample SrtdOs Ventures, LP, a Psnrayhrania limited dip. BEt#IG tM same pnmhss which pN Bridvs V,snturss, LP, a Psnnsyh~la Iimibd partnership by tfislr Dssd dabd ~~~ 2613 and about to bs raarNd in the Ofllcs d the Rarwrdsr d Dssds in and for that County of Cumberland, PNaayhranla, prartlsd and conwysd unto Ksnnsth H. Burkholder and Stsphanls M. BurkheteNr, husband and wlh, MortBaoors hsrNn. ALTA CommitrnMN Scl-eduls A (caKinwd)