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HomeMy WebLinkAbout13-3802 Stipulations Against Liens In the Court of Common 3pCen Countp of Jeffrey A. Lenker and Heather M. Cumberland Lenker Pennsylvania Owner Clites Design & Builders Docket Number] 3 — 3'vZ MO Term 2013 Contractor Page Number Vbereas, Clites Design & Builders ( "Contractor') of Carlisle, Pa., has entered into a contract with Jeffrey A. Lenker and Heather M. Lenker ( "Owner') of 113 Spring Farm Circle, Carlisle, PA 17015, for the erection of an addition to be erected upon the lot of ground known as 113 Spring Farm Circle, Carlisle, PA 17015South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Jeffrey A. Lenker and Heather M. Lenker are the title holder of record; and Vberea!5, 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. .Doty, Tbi!5 Rgreement VitueMsetb: 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. Ztnb 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. Z(nb, 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 t� authoriiiy,,herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all ri is aid airmanner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touchtarr t C — - - g the same. °-+y_ �, m C= ' r~ Witness our hands and seals the day and year aforesaid. > N S , Signed and sealed in the presence of: C CO � Y r A. Lenker �Za to l• � eath r M. L k r Clite esign & Builders (3 0 C& r p�� -wson File No. CL13810 ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: LOT NO. a: BEGINNING at an iron pin on the Eastern side of "Spring Farm Circle" at the corner of Lot #7; thence along Lot #7 North seventy-seven degrees, forty-seven minutes and twenty -eight seconds East (N 77 47' 28" E) three hundred seventeen and thirty hundredths feet (317.30') to an iron pin; thence along land now or formerly of Donald Hoperaft South forty -four degrees, fifty -six minutes and twenty-three seconds East (S 44 56'23" E) one hundred seventy-eight and thirty- six hundredths feet (178.36') to an iron pin; thence along land now or formerly of Richard R. Burgoon South forty-one degrees, thirteen minutes and thirty -nine seconds West (S 41° 13' 39" W) two hundred fifty -nine and ninety hundredths feet (259.90') to an iron pin along Letort Spring; thence leaving said Letort Spring and along Lot #9 North fifty -one degrees, no minutes and forty -five seconds West (N 51° 00' 45" W) one hundred thirty feet (130.00') to an iron pin; thence along Lot #9 North seventy-five degrees, fifty -six minute and one second West (N 75 56' 01" W) two hundred thirteen and ninety- two hundredths feet (213.92') to an iron pin on the Eastern side of Spring Farm Circle; thence along the Eastern side of Sprint Farm Circle North thirty -two degrees, sixteen minutes, twenty-three seconds East (N 32 16'23"E) thirteen and eighty -six hundredths feet (13.86') to an iron pin; thence along the Eastern side of Spring Farm Circle with a curve to the left having a radius of two hundred forty and five hundredths feet (240.05') an arc distance of one hundred sixteen and fourteen hundredths feet (116.14') to an iron pin, the place of BEGINNING. CONTAINING 86,543.13 square feet. HAVING thereon erected a frame dwelling house and barn. SAID tract or parcel of land is described as Lot No. 8 on the Final Subdivision Plan No. 3 of the Letort Springs Farm dated November 8, 1983, and recorded January 10, 1984, in Plan Book 44, Page 144, Cumberland County Records. AND ALSO SUBJECT to all zoning and subdivision regulations, reservations, easements, rights of way and building, use and other restrictions of record or visible on the ground, including, inter alia, those in the Deed recorded in Deed Book T, Volume 18, page 349, and in the deeds referred to therein, those in Declaration of Restrictions recorded in Misc. Dkt. 182, page 123, Cumberland County Records and on said plan dated November 8, 1983, recorded in Plan Book 44, Page 144. Grantee shall be responsible for construction and maintenance of storm water management on said lot in accordance with said Final Subdivision Plan No. 3 and revisions to the Storm Water Management Plan filed with South Middleton Township. PROVIDED, hover, that this Deed shall not convey (and by acceptance of this Deed Grantee agrees and confirms that he shall not acquire, any right in, to or over the remaining land of Grantor or of Charles E. Perkins by reason of this conveyance, including, inter alia, any rights in, to or over the remaining land of Grantor of Charles E. Perkins, arising from the Deed recorded in Deed Book T, Volume 18, page 349 and in the deeds referred to therein.