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HomeMy WebLinkAbout02-0996~Stipulations Against Liens David O. Chick, Jr., and Erin R.J. Chick Owner Haubert Homes, Inc. Contractor In the Court of Common Pleas County of Cumberland Docket Number 0~. qq6, /~ LO Page Number · PennSYlvania Term 19 Whereas Haubert Homes Inc ('Contractor") of ~/,/-4r/~--~//-,oO/ ~ct.,,/'~ /~/~ has entered into a contract with David O. Chick, Jr., and Erin R.J. Chick ("Owner") of for the ere~'t(o~ or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1523 Inverness Drive,, Lot 89, Fairwinds, Phase 3, Hampden Twp., Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which David O. Chick, Jr., and Erin R.J. Chick 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 Wimesseth: 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, materialman, 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, materialman 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 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: Da~id.D.~ ! [ E .,).C ~- - - ~l~u~ert Homes, I'nc. Notar al Seal Seth E. Pomeroy II, Notary Public Hampden Twp., Cumberland Cpunty My Commission Expir~,s Sept.~l, 2002 '*File No. S24-330 ALL THAT CERTAIN tract or parcel of land being situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern fight-of-way line of Inverness Drive, a 50 foot wide street, said point being the southern most comer of Lot No. 90; thence along said right-of-way line along a curve to the right having a radius of 125.00 feet an arc length of 33.88 feet, said arc being subtended by a chord of South 53 degrees 22 minutes 57 seconds West a distance of 33.78 feet to a point; thence continuing along said right-of- way line along a curve to the right having a radius of 375.00 feet and an arc length of 83.81 feet, said arc being subtended by a chord of South 67 degrees 33 minutes 01 seconds West a distance of 83.64 feet to a point, said point being the southeastern comer of Lot No. 88; thence along the eastern line of said Lot North 16 degrees 02 minutes 48 seconds West a distance of 134.78 feet to a point, said point being on the southern line of Lot No. 92; thence along the southern line of said lot North 75 degrees 10 minutes 28 seconds East a distance of 47.63 feet to a point, said point being the northwestern comer of Lot No. 90; thence along the western line of said lot South 46 degrees 51 minutes 05 seconds East a distance of 131.06 feet to a point, the PLACE OF BEGINNING. CONTAINING 10,880.98 square feet or 0.2498 acres.