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HomeMy WebLinkAbout14-0796 Stipulations Against Liens In the Court of Common Vlea!g ttCountp of Claypool HI - Tiday, LLC Cumberland, Pennsylvania Owner Claypool III - Tiday, LLC Docket Number q L Term 2014 Contractor Page Number VIjereo, Claypool III -Tiday LLC ( "Contractor "), has entered into a contract with Claypool III - Tiday, LLC ( "Owner") of , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5 Bellwood Court, , Carlisle, Cumberland, PA, described in Exhibit "A" hereof, of which Claypool III - Tiday, LLC are the title holder of record; and Wbereag, 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. ,00b), 005 Rgreetnent lVitne0etlj: 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 curtiiage 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. Claypool III -Tiday LLC, contractor Claypool III - Tiday, LLC, owner VINVAIA it of (LNG, - , —? d C 83 1 J miz cw� r "Y File No. KWC60360 Exhibit A ALL THAT CERTAIN tract of land situated in Middlesex Township, Cumberland County, PA, being Lot No. 128, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase VII, " dated April 10, 2008 by PennTerra Engineering, Inc., State College, PA, recorded January 25, 2010 as instrument number 201002071, bounded and described as follows: BEGINNING at an iron pin being a southerly corner of Lot 127 and lying in a northerly R ?W line of Bellwood Court (cul -de- sac; 60' radius);thence, along said RM along a curve to the left having a chord bearing of S40 0 16'55 "W, a chord distance of 70.34 feet, a radius of 60.00 feet, and an arc length of 75.16 feet to an iron pin lying along said RNV and being a northerly corner of Lot 129; thence, along said lot S83 0 02'28 "W 111.02 feet to an iron pin being a common corner of lots 129, 112, and 113; thence along Lot 113 NO2 0 07'50 "E 177.44 feet to an iron pin being a common corner of lots 113, 114, 123, and 124; thence, along Lot 124 S85 °56'25 "E 159.59 feet to an iron pin being a common corner of lots 124, 125, and 127; thence, along Lot 127 S05 °49'58 "W 99.43 feet to an iron pin, being the place of beginning, containing 0.542 acres. Lot 128 is subject to a 10' wide utility & sidewalk easement along its street frontage, one half of a 20' wide drainage easement along its easterly boundary, one half of a 20' wide sanitary sewer easement along its southerly boundary, and a wetland conservation easement at its southwesterly boundary. UNDER AND SUBJECT TO NEVERTHELESS, to: 1) Planned Community Declaration for Meadowbrook Farms dated February 2, 1998, and recorded February 3, 1998, in Cumberland County Miscellaneous Book 567, Page 1090 2) First Amendment to Planned Community Declaration for Meadowbrook Farms - Phase II dated August 6, 1999, and recorded August 17, 1999 in Cumberland County Miscellaneous Book 622, Page 475, and 3) First Amendment to Planned Community Declaration for Meadowbrook Farms dated April 19, 2000, and recorded April 24, 2000, in Cumberland County Misc. Book 642, Page 967. 4) Third Amendment to Planned Community Declaration for Meadowbrook Farms - Phase III, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Misc. Book 701, page 1585. 5) Assignment of Special Declarant Rights and Agreement Phase III, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Misc. Book 701, page 1587. 6) Fourth Amendment to the Planned Declaration for Meadowbrook Farms - Phase IV, dated August 4, 2005 and recorded August 8, 2005 in Misc. Book 719, page 3863. 7) Fifth Amendment to the Planned Declaration for Meadowbrook Farms - Phase V, dated February 24, 2006 and recorded March 1, 2006 in Misc. Book 725 page 844. 8) Sixth Amendment to the Planned Declaration for Meadowbrook Farms -Phase VI, dated December 12, 2006 and recorded January 5, 2007 in Misc. Book 733 page 1457. 9) Seventh Amendment to the Planned Declaration for Meadowbrook -Phase VII, dated, January 5, 2010 and recorded January 25, 2010 as Instrument No. 201002075.