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HomeMy WebLinkAbout13-5080 i3 STIPULATION AGAINST LIENS THIS AGREEMENT, made and entered into this a7 day of August, 2013,, and between Michael D. Conner, Jr. and Julie L. Conner, of Cumberland County parties of the first part (hereinafter called "Owner "), M'� C AND m - ; Craig Alleman Construction, Inc., with its principal offices located at 1 l ox(- Spring Ridge Road, Shippensburg, PA 17257, party of the second part (hereinaftel>C%leig "Contractor: "). WHEREAS, the said parties have by a duly executed written construction agreement under seal, dated � _, for construction and improvements to property located at 1 Zion Road, Hopewell Township, Cumberland County, Pennsylvania, as set forth at Instrument No. 201326845, and more particularly described in the attached Exhibit "A ". NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of ONE ($1.00) DOLLAR to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any subcontractor, materialman or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement 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 said building or buildings 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 himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to ,� � appear for him, them or it and in his, their, its name, mark satisfied of record at the cost and expense of the Contractor or of any Subcontractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Subcontractor or Materialman, or in his or their name against said building or buildings, lot or lots 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 and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit claim all rights and all manner of errors, defect and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESS: (SEAL) ® Michael D. Conner, Jr., Owner 1 (SEAL) 9Je . Conner, Owner ATTEST: Craig e onstruction, Inc. By: SEAL Craig Al eman, Contractor I LEGAL DESCRIPTION ALL THAT CERTAIN real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, being designated as Lot No. 2 on a Final Subdivision Plan for Winifred Weller, as prepared by E.L. Diffenbaugh Associates, being dated April 30, 2013, and recorded July 10, 2013, in the Office of the Recorder of Deeds for Cumberland County as Instrument No. 201322730, and known as 1 Zion Road, more particularly bounded and described as follows: BEGINNING at a magnetic spike in the center of Zion Road (Township Route 378) at corner of other lands of Winifred Weller, thence by said other lands of Winifred Weller, North 66 degrees 43 minutes 54 seconds East, 200.00 feet to set rebar; thence by same, South 21 degrees 00 minutes 30 seconds East, 435.94 feet to a set magnetic spike in the center of Lesher Road (Township Route 369); thence along the centerline of Lesher Road (Township Route 369), South 66 degrees 43 minutes 54 seconds West, 200.00 feet to an existing railroad spike in the intersection of Zion Road (Township Route 378) and Lesher Road (Township Route 369); thence along the centerline of Zion Road (Township Route 378); North 21 degrees 00 minutes 30 seconds West, 435.94 feet to a magnetic spike in the Center of Zion Road (Township Route 378), the Place of BEGINNING. BEING a part of the same premises which Amos Brechbill, Eber Musser and Christian Oberholser (a/k/a Christian Oberholzer) Executors of the Last Will and Testament of Aaron S. Lesher, by their Deed dated July 5, 1968, and recorded July 23, 1968, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 22 Volume "W ", Page 75, granted and conveyed unto Jay Weller and Winifred Weller, husband and wife. The said Jay Weller died on February 20, 2003, where by operation of law, title became solely vested in Winifred Weller. AND FURTHER BEING the same premises which Winifred Weller, widow, by her Deed dated August 8, 2013 and recorded August 13, 2013 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 201326845, granted and conveyed unto Michael D. Conner, Jr. and Julie L. Conner, husband and wife.