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Home My WebLink About13-2552 Stipulations Against Liens 2013 MAY _g AH 8: 31 n the Court of (common Plea% Countp of Mark A Katona andAlegri" a Cumberland, Pennsylvania P� Yl .V COdTY` ANIA Harry S. Claypool III Docket Number @ Term 20@ Contractor Page Number @ S j yde,r ad 1Ja�( Na y 11, .7- / 3 . l fjerea5,�.)arrp - Claypool 1311 ( "Contractor ") of Carlisle, Pennsylvania, has entered into a contract with Mark A Katona and Alegria A Katona( "Owner ") of Mechanicsburg, Pennsylvania, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot C Conifer Ridge Drive, 30 Conifer Ridge Drive, Carlisle, Pennsylvania 17013, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mark A Katona and Alegria A Katona are the title holder of record; and Vberea5, 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. -oW, Tbi5 Rgreement V it ne55et b: 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. Rub 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. Rub, 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. �i � i s c ASade- (,m 7�.�rf pr,) -i o �- 3 Y Witness our hands and seals the day and year aforesaid. Sig and sealed in t ence �— Witness Harry S. Claypool III withLsss Mark Katona �eO Witness Alegria A Watona File No. KWC55325 Exhibit "A" ALL THOSE CERTAIN tracts of land situate in North Middletown Township, Cumberland County, Pennsylvania designated as Lot No. C on the Preliminary/Final Subdivision Plan for the Estates at Cross Creek dated June 9, 2006 and Last Revised on July 28, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 93, Page 48, more particularly bounded and described as follows: BEGINNING at a point on the Eastern right -of -way line of Conifer Ridge Drive (50.00 feet wide), said point being located at the Northwestern corner of Lot No. B; thence along said Conifer Ridge Drive on the arc of a circle curving to the left having an arc length of 113.29 feet, and a radius of 225.00 feet, a chord direction of North 22 degrees 41 minutes 40 seconds East, and a chord distance of 112.10 feet, to a point along same, then North 08 degrees 16 minutes 11 seconds East, for a distance of 1.17 feet, to a point at the Southwestern corner of Lot No. D; then along the Southern boundary line of Lot No. D, South 81 degrees 43 minutes 49 seconds East, for a distance of 215.62 feet, to a point in line of lands now or formerly of Fred Gettys; then partially along said lands now or formerly of Fred Gettys, and partially along said lands now or formerly Cilde Rose, South 02 degrees 54 minutes 17 seconds West, for a distance of 110.21 feet, to a point at the Northeastern corner of Lot No. B; thence along the Northern boundary line of Lot No. B, North 81 degrees 43 seconds 49 minutes West, for a distance of 253.85, to a point and the place of BEGINNING. BEING Lot No. C on the Preliminary/Final Subdivision Plan for the Estates at Cross Creek dated June 9, 2006, last Revised on July 28,2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 93, Page 48. ALL TO BE UNDER AND SUBJECT, nevertheless, to the requirement that the person or entity that builds the initial house on the property hereby conveyed selected by the Grantee, his, or her heirs, successors and assigns, and approved by the Grantor, shall be obligated to pay a commission to Keller Williams of Central Pennsylvania equal to five percent (5 %) of the total of (a) the purchase price of this lot, and (b) the fair market value of the initial house. This restriction shall be binding upon the Grantee, his, her and their heirs, successors and assigns until the initial house has been built and thereafter be terminated and of no further force or effect, and Grantor shall, upon request of Grantee, execute and acknowledge such instrument or instruments as may be required to evidence the termination of this restriction. Notwithstanding anything to the contrary herein, this restriction and any commission due and payable in accordance with this restriction shall not constitute a lien or charge against the property or any interests therein. Stormwater drainage facilities shown hereon and located outside the public street right -of -way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised stormwater management plan is approved by North Middletown Township. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision Commonly Known As: Lot C Conifer Ridge Drive, Carlisle, PA 17013 Parcel: 29 -06- 0019 -122