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HomeMy WebLinkAbout02-0776STIPULATION AGAINST LIENS THIS AGREEMENT made this ! [ ~x day of February, 2002, by and between: W. LEE ROLAND of 337 West Meadow Drive, Mechanicsburg, Pennsylvania, hereinafter "Contractor" AND WILLIAM L. HOWARD and KAREN L. HOWARD, husband and wife, of 1224 Brandt Road, Mechanicsburg, Pennsylvania, hereinafter whether one or more, "Owner". WHEREAS, Owner and Contractor have entered into a construction agreement dated October 8, 2001 ("agreement") whereby Contractor has agreed to erect and construct a certain residential structure and other improvements (referred to herein as "buildings or other improvements") upon the following described real estate, as part of the consideration for which agreement this Stipulation Against Liens is given: ALL THAT CERTAIN tract of land located in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Locust Point Road (SR 1007), which point is on the dividing line between Lots Nos. 2 and 3 on the below mentioned subdivision plan; thence extending along the dividing line between Lots Nos. 2 and 3 on said subdivision plan North 73 degrees 45 minutes 00 seconds East a distance of 1160.45 feet to a point on the line of land now or formerly of Gene A. Edmonson and Sally Edmonson; thence along the line of said land now or form. erly of Gene A. Edmonson and Sally Edmonson South 17 degrees 40 minutes 00 seconds West a distance of 554.31 feet to a point, which point is located on the dividing line between Lots Nos. 2 and 1 of the below mentioned subdivision plan; thence extending along the dividing line between Lots Nos. 2 and 1 on said subdivision plan South 73 degrees 45 minutes 00 seconds West a distance of 851.15 feet to a point located on the eastern dedicated right of way line of Locust Point Road (SR 1007); thence along said eastern dedicated right of way line of Locust Point Road (SR 1007) North 16 degrees 15 minutes 00 seconds West a distance of 460 feet to a point, the place of BEGINNING. CONTAINING 10.621 acres. BEING Lot No. 2 of the Final Subdivision Plan for Forrest G. Brenneman, recorded December 11, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 73. ALSO BEING part of the same premises which Mellon Bank, N.A. and Forrest G. Brenneman, Trustees of the Forrest S. Brenneman Trust, by deed dated July 22, 1999 and recorded in the office aforesaid in Deed Book 204, page 773 granted and conveyed unto Forrest G. Brenneman, a Grantor herein. Janet L. Brenneman joins in this conveyance to convey all right, title and interest she has in the subject premises as spouse of Forrest G. Brenneman. BEING the same premises which Forrest G. Brenneman and Janet L. Brenneman, his wife, by their deed dated January 14, 2002, and recorded January 18, 2002, in the Office aforesaid in Deed Book 250, Page 243, granted and conveyed unto William L. Howard and Karen L. Howard, his wife, Owner herein. NOW THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) in hand paid by Owner, the receipt and sufficiency of which are hereby acknowledged, a well as for and in consideration of the agreement aforementioned, contractor does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through and under Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanics'liens or claims shall be filed or maintained by Contractor, them or any of them or any one, against the above described real estate or the buildings or other improvements erected or to be erected thereon, any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done or materials furnished under the agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection, construction and completion of said buildings or other improvements, or any of them, or otherwise; and contractor for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that ail subcontractors, material suppliers and laborers shall not look to and hold owner liable for all subcontracts, materials finished and work and labor done so that there shall not be any legal or lawful claim of any kind whatever against Owner. or any other person with an estate (including a leasehold estate) in the above-described property, for any work or labor or materials furnished under the agreement or otherwise. This Stipulation waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said buildings or other improvements as to any work and labor done and materials furnished under the agreement aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of -2- the agreement or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of any buildings or other improvements on the above-described property. This Stipulation Against Liens is made and intended to be filed with the Prothonotary of Cumberland county, Pennsylvania within ten (10) days of the date hereof in accordance with the requirements of law in such case provided. IN WITNESS WHEREOF, Contractor has signed and sealed this Stipulation, binding itself, its successors and/or assigns the day and year first above written. WITNESS: CONTRACTOR: By: ~//~~~~(SEAL) W. Lee Roland ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the ! ( t~ day of February, 2002, before me, the undersigned officer, personally appeared W. LEE ROLAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public -3- I .~,~, so~ I m R~Ila E. Lehman, Ill, Notary Public I UPI~ r ARen Twp., ~m~d Coun~ I ~ ~op E.p~ ~. u, m M~, ~ ~b~ ~ ~s