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HomeMy WebLinkAbout13-7100 Stipulations Against Liens November 15, 2013 3li t� !C ourt of Counnon PCe C ountp of Gettys Development Company, LLC Cumberland Owner Pennsylvania Gettys Development Company, LLC Docket Number l Term 20 Contractor Page Number UIjereag, Gettys Development Company, LLC ( "Contractor ") of 1950 Chestnut Street, Camp Hill, Pa 17011, has entered into a contract with Gettys Development Company, LLC ( "Owner ") of 1950 Chestnut Street, Camp Hill, Pa 17011, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot # 128, Carlisle, PA 17013, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Gettys Development Company, LLC is the title holder of record; and Vbereas;, 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, Tiji!5 fgreement VitnesfSetb: 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. Rub 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. Znb, 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: Gettys Development Company, LLC By Sf ��4 Fred A. Gettys, member GettyDevelopment Comp y, LLC B v�- Fred A. Gettys, member — i �� 9' Q 3 Vl?16 M � File No. 32468GETTYSDEV See Attached Exhibit A ALL THAT CERTAIN lot, parcel or tract of land located in North Middleton Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Mountain View Estates, Phase I, prepared by Hartman and Associates, Inc., Engineers & Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No.: 201025023, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right -of -way line of Appalachian Avenue at the common front property corner of Lot No. 128 and Lot No. 129 as shown on the above referenced Plan; thence along said right -of -way line of Appalachian Avenue South 39 degrees I 1 minutes 37 seconds East, a distance of 98.34 feet to a point; thence continuing by a curve to the right having a radius of 375.00 feet and an arc length of 48.84 feet to a point at the dividing line between Lot No. 127 and Lot No. 128; thence along said dividing line South 60 degrees 21 minutes 23 seconds West, a distance of 91.24 feet to a point at the dividing line between Lot No. 126 and Lot No. 128; North 11 degrees 12 minutes 31 seconds West, a distance of 40.93 feet to a point; thence North 84 degrees 58 minutes 37 seconds West, a distance of 132.91 feet to a point at the dividing line between Lot No.,128 and Lot No. 129; thence along said dividing line North 50 degrees 48 minutes 23 seconds East, a distance of 169.84 feet to a point, said point being the Place of BEGINNING. CONTAINING 15,050.65 square feet or 0.3455 acres. BEING Lot No. 128 as shown on the Final Subdivision Plan of Mountain View Estates, Phase 1, prepared by Hartman and Associates, Inc.. Engineers & Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No.: 201025023. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of way of record or visible upon inspection of premises and UNDER AND SUBJECT to the Declaration recorded in Instrument No.: 201025026.