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HomeMy WebLinkAbout14-5542 STIPULATION AGAINST LIENS i i i THIS AGREEMENT made and concluded this l day of r , 2014, BY AND BETWEEN KYLE C. SNYDER & BETH A. SNYDER (hereinafter called "Owner of Pennsylvania, co CDc'.' t(D AND FoxBui.lt, Inc. (hereinafter called "Contractor") iK .r- c� With a principal place of business at 5755 Union Deposit Road, ". Harrisburg, PA 17111. WHEREAS the said parties have, by a duly executed Agreement bearing even date herewith, entered into a written contract for the erection and completion of a residential dwelling to be erected on Lot 11 Woodcreek Drive aka Road, Lower Allen Township, Cumberland County, Pennsylvania, a copy of the legal description attached hereto and made a part here of as Exhibit "A" in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claim or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for an in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or I curtilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen or laborers for work done or material furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND in order to give the Owners full power and authority to protect themselves and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them, it, or in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialsman, or Materialsmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialsman, or his or their name against said building or buildings, lot or lots 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 and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES: CONTRACTOR: FoxBuilt, Inc. b By: I i OWNE i i I KYLE C. SNYDER ETA A. SNYDVR ALL THAT CERTAIN lot or tract of land situated along the East side of Lisburn Road, SR 2017, In Lower Alien Township, Cumberland County, Pennsylvania, said Lot being shown as Lot No. 11 on a Final Subdivision Plan for High Meadow, Phase 4, i dated duly 19, 1996, and last revised August 27, 1997, as recorded in Plan book75, Page 94,said lot being more particularly bounded and described as follows: .t i BEGINNING AT A POINT, on the Southern right-of-way of Woodcreek Drive, -said point being the e0mer 01 Me aboverdmo,ibed I —a ihn Southwestern comer of Lot No. 12 on'the above referenced Subdivision Plan;thence - along the,Southern property line of Lot No. 12, the following four(4)courses and distances 1)South 35 degrees 30 minutes 15 seconds East; 108.89 feet to a point 2) South 49 degrees 38 minutes 01 second West,57.34 feet to a point 3) South 75 degrees 01 minute 52 seconds East,306.97 feet to a point 4) South 83 degrees 01 minute 48 seconds East, 118.45 feet to a point;thence along the Eastern property litre of the subject Lot and generally the center of the Yellow Breeches Creek,the following two(2)courses and distances 1) South 03 degrees 57 minutes 52 seconds East, 66,11 feet to a point 2)South 06.degreas i 1 minutes 14 seconds West, 153.12 feet to-a point; thence along the.Northam property lines of lands now or formerly offufichael Lippert and lands now or formerly of Logan B. Hyle, the following two.(2).courses and distances 1) South 73 degrees.06 minutes 48 seconds.West,.65.51 feet to a point 2) South 73 degrees 06 minutes 35 seconds West, 312.89 feet to a point on the Eastern right-of-way line of Lisburn Road (SR2017);thence along the some right-of-way,the following two (2)courses and distances t)a cure to the left with a radius of 291.95 feet and an arc length of 81.73 feat 2) North 57 degrees 58 minutes 44 seconds West, : ! 54.20 feet to a point;thence along the Southern property line of lands now or formerly of Lower Allen Township Authority, North 31 degrees 41 minutes 10 seconds East, 154.33 fest to a point(erroneously shown as a Northwest bearing); thence along the Eastern property line of lands now or formerly of the Lower Allen Township Authority and Lot No. 10,the following two(2)courses and distances 1) North 51 degrees 52- minutes 52 seconds West, 154.33 feet to a point(erroneously shown'as-North 52 degrees 52degrees West, 154.33 feet)2) North 49 degrees 38 minutes o1 second West, 171.24 feet to a point, being the Point of BEGINNING. CONTAINING an area of' 1681942.67 square feet(3.88 acres). THE ABOVE DESCRIBED lot is under and subject to the following easements as shown on the above referenced Plan: A 20 font wide drainage easement; Several 30 foot wide sanitary sewer easements A portion of a 30 foot wide sanitary sewer easement A pedestrian easement,varying from 10 feet to 26 feet in width A 20 foot wide access easement A 25 foot wide stream maintenance easement A 100 year flood plaintconservation easement UNDER AND SUBJECT to Declaration of protective Covenants, as recorded on March 20, 1979, In the Office of the Recorder of Deeds In and for Cumberland County, in Miscellaneous Book 242, Page 215. ALSO UNDER AND SUBJECT to all rights-of-way, easements and restrictions of record on the date hereof.