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HomeMy WebLinkAbout13-6407 Stipulations Against Liens A4 1—b In the Court of Common Pleas County of Tiday Property Management, LLC Cumberland Owner Pennsylvania Fred A. Tiday Docket Number Term 20 Contractor Page Number Whereas, Fred A. Tiday ( "Contractor") has entered into a contract with Tiday Property Management, LLC ( "Owner") of New Kingstown, PA, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 10 Crooked Drive, Enola, PA 17025East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Tiday Property Management, LLC 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 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. 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, 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. lo c' o Signed and sealed in the presence of: Tiday Pr rty Management, LLC Fred A. Tiday, President :ZM t—� ' K" ' ter , f C: i L 4k 3A :3 s J-97s7y File No. 13417 ALL THAT CERTAIN tract or parcel of land, situated at and known as Lot 9 Westwood Hills, front Crooked Drive in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern right of way line of Crooked Drive at the intersection of Lot #9; thence in a southwesterly direction 35 degrees 40 minutes 00 seconds, a distance of 69.84 feet to a point; thence in a southwest direction 77 degrees 59 minutes 23 seconds, a distance of 51.73 feet; thence in a northwest direction 12 degrees 00 minutes, 37 seconds, a distance of 12 feet to a point; thence in a northwest direction 54 degrees 20 minutes 00 seconds a distance of 129.00 feet to a point; thence in a northeast direction 35 degrees 40 minutes 00 seconds, a distance of 100 feet to a point in the northern right of way of Crooked Drive; thence south 54 degrees 20 minutes 00 seconds a distance along said right of way 172.70 feet, to the place of Beginning. CONTAINING 16,921 square feet. BEING Lot No. 10 on the Final Subdivision Plan for Westwood Hills, Phase 11A recorded in Plan Book 83, Page 12A. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights of way of record. UNDER AND SUBJECT to a 25 foot wide drainage easement and conservation easement as shown on the above mentioned Subdivision Plan and to conditions, restrictions, easements and rights of way of record.