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HomeMy WebLinkAbout14-3139 Stipulations Against Liens In the ((Court of Common Pleas Countp of Stacey L. Warner and Ryan Warner Cumberland Owner , Pennsylvania Tiday Property Management Docket Number ,3 f `Z'1 G� Term 20 j&. Contractor Page Number Vbereas, Tiday Property Management ("Contractor") of P.O. Box 773, New Kingstown, PA 17072, has entered into a contract with Stacey L. Warner and Ryan Warner ("Owner") of 2215 Dewey Lane, Enola, PA 17025, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 6A Sage Crest Circle, Enola, PA 17025Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit"A" hereof, of which Stacey L. Warner and Ryan Warner are 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. ,Ootu, This fgreement Vituessetb: 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. Rub, 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. M 2 t) 19, 9 01 H Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: y .Lill Ryan Warn r Tiday r perty Management CO : n cn r— ry Pct 4-le-Ile- 14"d File No. 14089 ALL THAT CERTAIN tract or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point being a concrete monument on the northern right of way of Sage Crest Circle, said point being the southeastern corner of lands now or formerly of Edward G. and Stephanie L. Stence and the southwestern corner of Lot No. 6A on the Final Subdivision Plan for Sage Crest—Lot 6 Re-Subdivision; thence along the eastern line of lands now or formerly of Edward G. and Stephanie L. Stence North 30 degrees 00 minutes 00 seconds West, a distance of 56.25 feet to a point; thence continuing along lands now or formerly of Edward G. and Stephanie L. Stence North 02 degrees 46 minutes 28 seconds West, a distance of 659.37 feet to a concrete monument at lands now or formerly of John D. and Patricia P. Meister; thence along lands now or formerly of James D. and Patricia P. Meister North 87 degrees 08 minutes 12 seconds East to an iron pin being the northwestern corner of Lot No. 6 on the hereinabove referenced Plan; thence along the western line of Lot No. 6 South 12 degrees 09 minutes 53 seconds East, a distance of 349.88 feet to an iron pin; thence continuing along Lot No. 6 South 02 degrees 46 minutes 28 seconds East, a distance of 151.59 feet to an iron pin; thence continuing along Lot No. 6 South 09 degrees 57 minutes 18 seconds East, a distance of 201.44 feet to an iron pin on the northern right of way line of Sage Crest Circle; thence along the northern right of way line of Sage Crest Circle on a curve to the right having a radius of 575.00 feet, an arc length of 24.61 feet and a chord bearing and distance of South 81 degrees 16 minutes 18 seconds West, a distance of 24.60 feet to a point; thence continuing along Sage Crest Circle South 82 degrees 29 minutes 51' seconds West, a distance of 125.40 feet to a concrete monument, the point and place of BEGINNING. CONTAINING 2.25 acres, more or less. BEING Lot No. 6A on the Final Subdivision Plan for Sage Crest— Lot 6 Re-Subdivision, dated March 30, 2011, revised May 13, 2011 and June 17, 2011, and recorded August 29, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument Number 201124035.