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Home My WebLink About05-3134 Jeo:; - 3/3'1 rrnJ) STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES, PC 9S Alexander Spring Road, Suite 3, Carlisk, Pennsylvania 17013-3122 THIS AGREEMENT, made and entered into this l'>~y of June, 2005 by and between DANIEL A. KRIKSTON AND JANET KRIKSTON, husband and wife, of 907 Miami Avenue, Pittsburgh, Pennsyvlania, parties of the first part (hereinafter called Owner), AND BASTIAN HOMES SHREWSBURG, of the Conunonwealth ofPennsyvlania, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Mitten construction agreement under seal dated prior to executiou hereof, for construction and improvements to property located Lot 28 Watson Drive, West Pennsboro Township, Cumberland County, Pennsylvania,( see attached exhibit "A"). NOW TIllS AGREEMENT WITNESSE1H: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing 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 or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any snb-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them 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 contract for extra work, or work supplemental thereto, Of otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself 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 Conunon Pleas of the Conunonwealth 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 or it and in his, their, its, name. mark satisfied of record at the cost and expense of .. the Contractor or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or f<>Hhe-Contr<lGtor, or anySub-Contractor or Material man, or in 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 Nwnber in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to WlUTant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-daim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- \vise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year fIrst above written. NT: &aL,,~1o. ;~ DANIEL A. KRIKSTON (SEAL) ,(i~~ J6NET KRIKSTON C (SEAL) BASTIAN HOME SHREWSBURY '" C-~ N~Qy_"..~ CRAIG ER "Con ractor" 2 SCHEDULE C LEGAL DESCRIPTION Commitment Nurnber: 5100-263 File Number: 5100-263 ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, being more particularty bounded and described as follows, to wit: BEGINNING at a steel pin set on the northemmost dedicated right-of-way line of Watson Drive, at the common point of adjoiner of Lots #28 and #29 on the hereinafter mentioned plan; thence departing from Watson Drive, and extending along Lots #29 and #30, North five (5) degrees twenty-five (25) minutes fifty (50) seconds East, for a distance of four hundred twenty-one and seventy-five hundredths (421,75) feet to a steel pin at Lot #39; thence extending along Lot #39, South eighty-four (84) degrees thirty-four (34) minutes ten (10) seconds East, for a distance of one hundred fifty and no hundredths (150.00) feet to a steel pin at Lot #27; thence extending along Lot #27, South five (5) degrees twenty-five (25) minutes fifty (50) seconds West, for a distance of four hundred and no hundredths (400.00) feet to a steel pin set on the northernmost right-of-way line of Watson Drive; thence extending along said right-of-way line the following three courses and distance: North eighty-four (84) degrees thirty-four (34) minutes ten (10) seconds East, for a distance of one hundred fifty and no hundredths (150,00) feet to a steel pin at Lot #27; thence extending along Lot #27, South five (5) degrees twenty-five (25) minutes fifty (50) seconds West, for a distance of four hundred and no hundredths (400.00) feet to a steel pin set on the northernmost right-of-way line of Watson Drive; thence extending along said right-of-way line the following three courses and distances: North eighty-four (84) degrees thirty-four (34) minutes ten (10) seconds West, for a distance of twenty-eight and twenty-one hundredths (28.21) feet to a steel pin; thence by an arc or curve to the ieft having a radius of two hundred fifty (250) feet, a chord of fifty-seven and thirty-seven hundredths (57.37) feet on a bearing South eighty-eight (88) degrees fifty (50) minutes thirty (30) seconds West, for an arc distance of fifty-seven and forty-nine hundredths (57.49) feet to a steel pin; thence continuing along Watson Drive, South eighty-two (82) degrees fifteen (15) rninutes fifteen (15) seconds West, for a distance of sixty-six and fifty-six hundredths (66,56) feet to a steel pin on said right-of-way line at Lot #29, said pin marking the place of BEGINNING. 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