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HomeMy WebLinkAbout14-2457 r 22 i s � • V . l STIPULATION AGAINST LIENS David A. Wickard and Bridgette Wickard In the Court of Common Pleas of Owner Cumberland County, Pennsylvania WG Development, LLC Docket Number Term 2013 Contractor Page Number Whereas, WG Development, LLC ( "Contractor ") of 1860 Baltimore Pike, Suite 1, Gettysburg, PA 17325 , has entered into a contract with David A. Wickard and Bridgette Wickard ( "Owners ") of 227 Parkway Drive, Mount Holly Springs, PA 17065, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 227 Parkway Drive, South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. �,�� ass `i ce S 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 Owners 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 Owners full power and authority to protect Owners 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. Sign s led i e presence of: ' David A. Wickard Bridge Wickard WG DEVELOPMENT, LLC By. (f i i . - Th as E. Varish File No. CS 13572 ALL THAT CERTAIN tract of land with improvements, situate in South Middleton Township, Cumberland County, Pennsylvania as set forth in "Final Subdivision and Land Development Plan For Westgate Development Phase 5, 6 and 7" prepared by Herbert Rowland and Grubic, Inc., a copy of which is recorded in the Recorder of Deeds Office of Cumberland County in Plan Book Volume 94, Page 59 on May 21, 2007, more particularly bounded and described as follows: BEGINNING at a point on the northern right of way line of Parkway Drive at a corner of Lot Nos. 106 and 107; thence along on the northern right of way line of Parkway Drive, North 74 degrees 20 minutes 00 seconds East a distance of 80.00 feet to a point at a corner of Lot Nos. 107 and 108; thence along the dividing line of Lot Nos. 107 and 108, North 15 degrees 40 minutes 00 seconds West a distance of 238.88 feet to a point at a corner of Lot Nos. 107 and 108; thence South 78 degrees 30 minutes 00 seconds West a distance of 80.07 feet to a point at a corner of Lot Nos. 107 and 106; thence along the dividing line of Lot Nos. 107 and 106 South 15 degrees 40 minutes 00 seconds East a distance of 242.14 feet to a point, the place of BEGINNING. BEING Lot No. 107, Phase 6 of the Final Subdivision Plan of Westgate Development. KNOWN AND NUMBERED as 227 Parkway Drive, Mt. Holly Springs, Pennsylvania. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions for Westgate Development recorded in Misc. Book 703, Page 3639 and the Supplemental Declaration of Covenants and Restrictions for Westgate Development recorded in Instrument No. 200744851. FURTHER UNDER AND SUBJECT to the Bylaws of Westgate Community Association, Inc. recorded in Instrument No. 200819687. FURTHER UNDER AND SUBJECT to restrictions set forth in Plan Book 94, Page 59, including but not limited to each lot in this subdivision will be limited to no more than 2,300 square feet of impervious surface so as to not adversely affect design and capacity of the storm water management plan. Building permits will not be issued for any construction or addition when such construction or addition would bring the total permissible impervious beyond 2,300 square feet. If a lot owner desires to exceed the total permissible impervious surface, the approval of the board of supervisors shall be necessary in addition to any other approvals which are required by law. This restriction shall be binding for all owners, heirs, successors, and assigns of the applicants and each lot owner. BEING A PART OF THE SAME PREMISES which Constantinos J. Mallios and Elaine Mallios husband and wife, by Deed in Lieu of Foreclosure, dated January 25, 2011 and recorded March 23, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 201109047, granted and conveyed unto WG Development, LLC, a Pennsylvania Liability Company, Grantor herein.