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HomeMy WebLinkAbout14-1599 Stipulations Against Liens In the Court of Common J31mg Countp of IstAdvantage Construction Cumberland Management, Inc. , Pennsylvania Owner 1st Advantage Construction Docket Number /� /,�y9 Term 2014 Management, Inc. General Contractor Page Number Vbereao, 1S Advantage Construction Management, Inc. ( "Contractor") of has entered into a contract with 1st Advantage Construction Management, Inc. ( "Owner") of 110 Pleasant View Drive, Etters, PA 17319, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 4 Rosewood Court, Carlisle, PA 17013 South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which 1 st Advantage Construction Management, Inc 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. Pobn, Tbifi agreement Vitues;getb: 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 44 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. Zinb, 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. Irsych 9, aQ y Signed and sealed in the presence of: Owner: 1st Advantage Construction Management, Inc. General Contracto r ' 1st Ad age bnstruc ion Management, Inc. C) n > C :) Z` 3 03 ifs t File No. 14103 ALL THAT CERTAIN tract of land situated in North Middletown Township, Cumberland County, PA, being Lot No. 19, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase VI," dated March 24, 2006, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin, being an easterly corner of Lot No. 18 and lying in a southerly R/W line of Rosewood Court (50'R/W); thence, along said R/W, along a curve to the left, having a chord bearing of S76o46'36 "E, a chord distance of 49.78 feet, a radius of 50.00 feet and an arc length of 52.10 feet to an iron pin; thence, continuing along said R/W along a curve to the right having a chord bearing of S82o32'06 "E, a chord distance of 20.41 feet, a radius of 25.00 feet, and an arc length of 21.03 feet to an iron pin; thence continuing along said R/W S58o26'24 "E 12.02 feet to an iron pin lying along said R/W and being a northerly corner of Lot No. 20; thence, along said Lot S31 o33'36 "W 210.57 feet to an iron pin being a westerly corner of said lot lying in a northerly line of Lot No. 21; thence, along Lot No. 21 N79o22'06 "W 87.09 feet to an iron pin being in a westerly corner of said lot and lying in an easterly line of lands owned now or formerly by Ronald L. & Delores J. Brehm (Tax Parcel 29- 15- 1251 -41; DB 28 -S, Pg. 410); thence, along said lands NO3ol0'59 "W 55.48 feet to an iron pin, lying in an easterly line of said lands and being a southerly corner of Lot No. 18; thence, along said Lot N43o04'35 "E 175.64 feet to an iron pin, being the place of beginning, containing 0.469 acres. Lot No. 19 is subject to a 10' wide utility /sidewalk easement along its street frontage and 1/2 of a 20' wide drainage easement along its westerly boundary.