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HomeMy WebLinkAbout13-4497 Stipulations Against Liens In tip Court of QCouttnon Pea5 (bounty of Randy D. Martin and Alicia M. Martin Cumberland , Pennsylvania Owner WEB Contracting, Inc. Docket Number ) 3 7 �'(jl� Teem 2013 Contractor / 7 I Page Number Vijerea5, WEB Contracting, Inc. ( "Contractor ") of 642 Mountain Street, Enola, Pa. 17025, has entered into a contract with Randy D. Martin and Alicia M. Martin ( "Owner") of 401 Center Street, Enola, PA 17025, for the site work, including but not limited to excavation, water and sewer on ground known as 401 Center Street, Enola, PA 17025 East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Randy D. Martin and Alicia M. Martin are the title holder of record; and V )eren5, 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. Potu, 191ji5 fgreeutent Vitue55et1j: 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. Ruh 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. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Rafid D. Marffn Alicia M. rtin Q Contracting, Inc. William E. Brougher, Sr. < CD -' co mac, /1XO / V CJ-J 391 File No. CL13819 ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at the iron pin on the western right -of -way line on Center Street (25' feet from the centerline) at the dividing line between the herein described tract and lands now or late of Lee C. Armstrong; thence along the western right -of -way line of Center Street South 32.00' 27" East a distance Of 9.52' feet to an iron pin; thence continuing along the same by a curve, curving to the right having a radius of 600.00' feet and an arc length of 91.63' feet to an iron pin; thence continuing along the same South 2115'27" East a distance of 234.79' feet to an "X" cut in concrete, thence leaving Center Street and along lands now or late Wendy Jo McPherson and South 60014' 33" West a distance 433.04' feet to an iron pin on the eastern right -of -way line of East Penn Drive, S.R. 1015 (a variable width right -of -way) by a curve, curving left having a radius of 2,924.79' feet and an arc length of 20.19' feet to an iron pin, thence continuing along the same North 37o57'27" West a distance of 232.53' feet to an iron pin; thence continuing along the same North 32014' 49" West a distance of 84.93' feet to an iron pin; thence leaving East Penn Drive, S. R. 1015 and along the lands now or late Lee C. Armstrong North 60014' 33" East a distance of 502.38' feet to an iron pin on the western right -of -way line of Center Street said point being the place of BEGINNING. CONTAINING 3.648 acres, more or less. EXCEPTING those lands acquired by East Pennsboro Township pursuant to Declaration of Taking concerning East Penn Drive. BEING more fully shown on Drawing No. WM- 2002 -14 dated July 29, 2002 prepared by Hartman and Associates, Inc. and being remainder of Lots No. 67 to 76, inc. on the Plan of West Enola Acres, said Plan being recorded in Plan Book 3, Page 22, UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and agreements of record.