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HomeMy WebLinkAbout13-2124 Stipulations Against Liens In the Court of Common Pleas County of Fred A. Tiday Builders,Inc. Cumberland, Pennsylvania Owner Fred A. Tiday,l Builders,Inc. Docket Number 13- o is q - /Ab Term 2013 Contractor Page Number Whereas, Fred A. Tiday, Builders, Inc. ("Contractor") of Fred A. Tiday, Builders, Inc., has entered into a contract with Fred A. Tiday Builders, Inc. ("Owner") of , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 103 The Peninsula Phase II Plan Bk 67 Pg 86, , Mechanicsburg, Cumberland, PA, described in Exhibit"A" hereof, of which Fred A. Tiday Builders, Inc.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 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 1 st day of April, 2013 and year aforesaid. Signed and sealed in the presence of: Fred A. Tiday Builders wrier Fred A. Tiday Builders c., Contractor VINVAIASNUd US 0 HJ 6 ! ddV £1,11 *aq,00 PD Pinnade I" Travu�er `.`� U N LDH 10,id -4�� File No. KWC54844 Exhibit A ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania more particularly bounded and described in accordance with the Major Final Subdivision Plan for The Peninsula(Phase II), prepared by Hartman&Associates, P.C. more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument on the cul-de-sac of Deer Burn Court, at the dividing line between Lot-102 and Lot- 103 on the hereinafter-mentioned Subdivision Plan; thence along the cul-de-sac of Deer Burn Court and the southern right-of-way line of Deer Burn Court the following three(3)course and distances: (1) on an arc to the left having a radius of 50 feet, an arc length of 41.87 feet(erroneously referred to in Plan as 42.05 feet)to a concrete monument; (2)on an arc to the right having a radius of 25 feet, an arc length of 21.00 feet(erroneously referred to in Plan as 21.03 feet)to a concrete monument; (3) South 80 degrees 30 minutes 00 seconds East, a distance of 192.52 feet to a concrete monument at the dividing line between Lot-103 and Lot-104; thence along the dividing line between Lot-103 and Lot-104 South 10 degrees 00 minutes 00 seconds West a distance of 277.10 feet to an iron pin at the dividing line between Lot- 103 and Lot-108 (Lot-108 as described in Plan Book 65 Page 28 of the Cumberland County records); thence along the dividing line between Lot-103 and Lot-108 South 81 degrees 30 minutes 00 seconds West a distance of 347.76 feet to a concrete monument on the dividing line between Lot-102 and Lot-103; thence along the dividing line between Lot-102 and Lot-103 North 20 degrees 00 minutes 00 seconds East a distance of 469.65 feet to a concrete monument on the cul-de- sac of Deer Burn Court, the point and place of BEGINNING. BEING Lot-103 on the Major Final Subdivision Plan for The Peninsula (Phase II)as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 67 at Page 86.