HomeMy WebLinkAbout13-5572 1 �O.
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2013 SEp 23 ptl I: 4 4
;UMBERLANo CQU��Ty,
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STIPULATION AGAINST LIENS
OLUFEMI OGUNNAIKE In the Court of Common Pleas of
Owner Cumberland County, Pennsylvania
LANDMARK BUILDERS INC. Docket Number Term 2013
Contractor
Page Number
�Ir3��3
Whereas, LANDMARK BUILDERS INC. ( "Contractor ") of 1737 W. MAIN ST.
EPHRATA PA 17522 , has entered into a contract with OLUFEMI OGUNNAIKE ( "Owner ") of
77 HAMLET CIRCLE, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as 77 HAMLET CIRCLE, HAMLET
SQUARE LOT #50, Silver Spring Township, Cumberland County, Pennsylvania, described in
Exhibit "A" hereof, of which Owner is the title holder of record; and
Whereas, 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 by
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.
" an5a 1,
Now this agreement, witnesseth: 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.
And 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.
And, 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,
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.
Sig a d sealed in the presence of.
OLUFEMI OGUNNAIKE
LAND K BUIL S INC,
By:
SHANNON P
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 an sealed in the presence of:
tj
UFE OG AIKE
LANDMARK BUILDERS INC.
By:
SHANNON POPOLIS
File No. PCT 1794
ALL THAT CERTAIN tract of land situated in Silver Spring Township, Cumberland County,
PA, being Lot No. 50, as shown on a plan entitled, "Hamlet Square, Final Subdivision Plan, Lot
Dimensional. Plan North," dated June 16, 2006, by PennTerra Engineering, Inc., State College, P
A, being bounded and described as follows:
BEGINNING at an iron pin, being an easterly corner of Lot No.OS2 and lying in a westerly
R/W line of Hamlet Circle; thence along said R/W S 13'41'10"E, 81.01 feet to an iron pin; thence
continuing along said R/W, along a curve to the right, having a chord bearing of S3198'50 "W, a
chord distance of 26.87 feet, a radius of 19.00 feet and an arc length of 29.85 feet to an iron pin;
thence continuing along said R/W S76'1 8'50"W, 97.24 feet to a concrete monument, lying in a
northerly line of said R/W and being an easterly corner of Lot No. 49; thence along said lot
N13 '10"W, 100.01 feet to an iron pin, being a northerly corner of said lot and lying in a
southerly lie of land owned now or formerly by Ester V. Rupp (Tax Parcel 38- 20- 1831 -58, RB
254 Pg. 2691); thence along said lands and along Lot No. OS2, N76 °18'50 "E, 116.24 feet to an
iron pin, being the place of beginning.
CONTAINING 0.265 acres.
Lot No. 50 is subject to a 10' utility easement along its street frontages and a proposed drainage
easement along its northerly boundary.
BEING THE SAME PREMISES which 185 Woods, L.P., conveyed unto Landmark Builders,
Inc., DB /A Landmark Homes by deed dated July 30, 2013 and recorded August 7, 2013, in the
Recorder's Office in and for Cumberland County, PA in Instrument # 201326271