HomeMy WebLinkAbout13-6471 Stipulations Against Liens
In the Court of Common Pleas County of
Tiday Homes, LLC Cumberland
Owner , Pennsylvania
Tiday Homes, LLC Docket Number 3 (� / L Term 20
Contractor `
Page Number
Whereas, Fred Tiday ( "Contractor ") of Tiday Homes, LLC, has entered into a contract with Tiday Homes, LLC
( "Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 18
Osprey Circle, Mechanicsburg, PA 17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A"
hereof, of which Tiday Homes, 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 harids and seals the day and year aforesaid. A "O
Signed and sealed in the presence of:
Fred A. Tiday,
Tiday Homes, LLC
cX� a3- Fred A. Tiday
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ALL THAT CERTAIN tractor parcel of land known as Lot 18 — Hawks Landing, as shown on a plan prepared by
NAV Tech, Inc. titldd "Preliminary/Final Subdivision and Land Development Plan for Hawks Landing ", as
recorded in Cumberland County Recorder of Deeds Office in Plan Book 93, Page 107 F, situated in Hampden
Township, Cumberland County, Pennsylvania is bounded and further described as follows to wit:
BEGINNING at a point on the west line of Osprey Circle, a 50 -foot wide street, said point being the common
.front lot corner with lot 17, thence along the following courses and distances:
1. North 56 degrees 24' 24" West (119.62')
2. North 33 degrees 35' 36" East (46.85')
3. North 60 degrees 0V 10" East (89.17')
4. South 29 degrees 58' 50" East (109.78')
5. To a curve to the left having a radius of 175.00', an arc length of 80.71', a chord bearing of 40
degrees 51' 14" West and a chord length of 80.00' to a point.
CONTAINING 12,530.15 square feet 0.288 acres.
SUBJECT to all easements and conditions as shown on the recorded plan.