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HomeMy WebLinkAbout06-0311 . Stipulations Against liens . File Number 05.20433SF BRIAN D. GLASS, ADULT INDIVIDUAL In the Court of Common Pleas County of P.O, BOX18 BENDERSVILLE, PA 17306 Owner Cumberland , Pennsylvania Docket Number Oc. - d)/ !Y1-<-.o Term 19 DOUBLE BB, INC. Page Number ,'.5760 York !in. New Oxford, FA 17350 Conl'octo, Whereas, on this 10th day of January, 2006, DOUBLE BB, INC. ('Contractor") of has entered into a contract with BRIAN D. GLASS, ADULT INDIVIDUAL ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 4391 CARLISLE ROAD, Carlisle, PA 17013, , Dickinson Township, Cumberland, Pennsylvania described in Exhibit "A" hereof. of which BRIAN 0, GLASS, ADULT INDIVIDUAL is the title holder of record; and Whereas, 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. 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 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, 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 Owner fuli 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 Pieas 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 anyone 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 hand and seal the day and year aforesaid, Lv~~? BRIAN D. GLASS, OWNER Signed and sealed in the presence of: DOUBLE BB, INC. STIPULATION AGAINST LIENS. 2-8.00,DOC '" . File No, 05-20433SF SCHEDULE A . continued. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline ofpA 34 (SR 0034) on the dividing line between Lots # I 7 and # 18 on the hereinafter mentioned Plan of Lots; thence by said dividing line South 68 degrees 04 minutes 59 seconds East 235.20 feet to a point; thence by the dividing line between Lots #17 and #22 and #17 and #23 South 24 degrees 13 minutes 40 seconds West 200.00 feet to a point; thence by the dividing line between Lots #16 and #17 on said plan North 69 degrees 44 minutes 13 seconds West 260.47 feet to a point in the centerline of P A 34 (SROO34); thence by the centerline of PA 34 (SR0034) North 31 degrees 01 minute 14 seconds East 210.00 feet to a point, the Place of BEGINNING. CONTAINING the portion of said premises under and subject to the dedicated right of way of PA 34 (SROO34); and .being Lot No. 17 on a Subdivision Plan for Michaux Meadow, Phase II, as recorded 10 the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING THE SAME PREMISES which Karl E. Sowers and Gloria M, Sowers, husband and wife, Lynn E, Sowers and Martha G, Sowers, husband and wife, Roger E. Sowers and Lois Sowers, husband and wife, Chester E, Chronister, Administrator of the Estate of Leona S, Chronister by deed dated November 3, 2005 and recorded November 14, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 271, Page 4570, granted and conveyed unto Brian D, Glass, single adult individual, his heirs and assigns, \(\R..\,tl~ \;L D'?",\S- .....\('~ ~')..;\ L-' -,\ " u:.J \ . Schedule A This commitment is invalid unless the Information Sheet and Schedules A and B are attached <0- ;;? 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