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HomeMy WebLinkAbout13-1124StipuWtions Against Liens William C. O'Brien and Donna M. O'Brien Roland Builder, Ina Coenocro. ~Jn the ~Gaurt of ~amman ~Feas ~auntp Cumberland Docket Number Pennsylvania Term 2013 Page Number /~ _ I/~ ~ ~G~T• ~Ijtrea5, Roland Balder, Inc. ("Contractor') of 1706 liberty Cover, Mechanicsburg, PA 17055 has entered into a contract with William C. O'Brien and Donna M. O'Brien ("Owner") of 1015 Apache Trail, Mechanicsburg, PA 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 12, Liberty Cove, Mechanicsburg, PA 17055Lower Allen Township, Cumberland Courriy, Pennsylvania, described in Exhibit "A" hereof, of which William C. O'Brien and Donna M. O'Brien are the title holder of record; and '~)jerea5, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be eredied thereon shall be subject to a lien for debts due Owner to Contractor or by Contradpr to any subcontractor for labor or materials famished in the said erector or construction, and that the right of anyone to claim any such lien be waived hereby. ,~OtU, ~fjiS agreement '~ittte~~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 (51.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby admowledged, and intending to be Iegaly 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 subcoMracMrs, materialmen and laborers shall Zook to and hold Contractor personalty liable for atl subcantrads, 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 eredaon, construction and completion of the building as well as to any work and labor done and materials famished under the contract aforesaid. ~11D, in order t0 g'nre 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 cevenant, 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 ~ 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 matenialman, 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 atl 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 resence of: t /~... .r--'> Donna M. O'Brlen y ROLAND IL BU DER, INC. ~ ~ ~ ' ~~ By: W. Lee Roland, Prmeid~"nt "'~ ~~ ~ flp~ c~-3~~/~`~~ n.a G~ w P? C~'7 N m 3 Lll t~ "*'i ~~ Q "-~tp ~_ a C"1 --ice _ File No. 13-01-6-27012 ALL THAT CERTAIN [ot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 12 of the Final Subdivision Plan for Liberty Point recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 92, Page 136, and as more fully bounded and described in accordance with the following: BEGINNING at a concrete monument on the eastern dedicated right of way line of Liberty Cove at the dividing line of lot 12 herein conveyed and Lot 11 as shown on the hereinafter mentioned Subdivision Plan; thence along the eastern dedicated right-0f-way line of Liberty Cove following a curve to the right having a radius of 220.00 feet an arc length of 133.46 feet, a chord bearing of Month 39 degrees 47 minutes 18 seconds West, a chord length of 131.43 feet to a point; thence North 22 degrees 24 minutes 33 second West a distance of 91.30 feet to a concrete monument at the dividing line of Lot 13; thence along Lot 13 North 67 degrees 35 minutes 27 seconds East, a distance of 244.71 feet ip an iron pin at the dividing line of Lot 14; thence along Lot 14 South 76 degrees 25 minutes 46 seconds East, a distance of 64.53 feet to an iron pin at the dividing line of aforementioned Lot 11; thence along Lot 11 South 32 degrees 49 minutes 57 seconds West a distance of 313.64 feet to a concrete monument on the eastern dedicated right of way Gne of Liberty Cove, the place of BEGINNING. BEING Lot No. 12 on the Final Subdivision Plan for Liberty Point dated December 19, 2005, prepared by Madden Engineering Services, Inc. and recorded in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 92, Page 136. UNDER AND SUBJECT to the Declaration for Liberty Point, Lower Allen Township, Cumberland County, Pennsylvania, as recorded to Instrument Number 200734602. FURTHER UNDER AND SUBJECT to the By-Laws of the Liberty Point Homeowner's Association, Inc. as recopied to Instrument Number 200734603. SUBJECT to wetland conservation easements, steep sbpe easements, woodland preservation easements, conservation easements and atwenty-five (25) feet wide maintenance/trail easement as shown on Plan.