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HomeMy WebLinkAbout14-3678 Stipulations Against Liens 31tt the (Court of Common PCen (fotintp of Claypool III- Tiday LLC Cumberland, Pennsylvania Owner f ' �V Claypool III— Tiday LLC Docket Number I aoTerm 2014 Contractor Page Number Vberea.5, Claypool III-Tiday LLC ("Contractor") has entered into a contract with Claypool III -Tiday LLC ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #45 Phase VII, Countryside Drive, , Carlisle, Cumberland, PA, described in Exhibit"A" hereof, of which Claypool III - Tiday LLC are the title holder of record; and Vljerea5, 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. Pohl, JUIji.5 Rgreement Vitne.5011:1j: 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. Z111b 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. Aub, 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 iday LLC, owner N N--1 File No. KWC62234 Exhibit A ALL THAT CERTAIN TRACT of land situated in Middlesex Township, Cumberland County, PA, being Lot 45, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan Phase VII", dated April 10, 2008, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin being a southwesterly corner of Lot 44 and lying in a northerly R/W line of Country Side Drive (50' RNV); thence, along said R/W S89'30'51"W 36.41 feet to an iron pin; thence, continuing along said R/W along a curve to the right having a chord bearing of N76°21'53"W, a chord distance of 134.19 feet, a radius of 275.00 feet, and an arc length of 135.55 feet to an iron pin lying along said R/W and being a southerly corner of Lot 46; thence, along said lot N36002'53"E 183.33 feet to an iron pin being an easterly corner of said lot and lying in a southerly line of proposed Lot 41 (Future Phase X); thence, along proposed Lot 41 (Future Phase X)and along proposed Lot 42(Future Phase X) S42041'33"E 85.45 feet to an iron pin being a southerly corner of proposed Lot 42(Future Phase X)and being a westerly corner of Lot 44; thence, along Lot 44 S00°29'09"E 116.75 feet to an iron pin, being the place of beginning, containing 0.430 acres. Lot 45 is subject to a 10'wide utility&sidewalk easement along its street frontage, and a 20'wide drainage easement along its westerly boundary. UNDER AND SUBJECT, 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 Farms-Phase VII, dated January 5, 2010 and recorded January 25, 2010 as Instrument No. 201002075.