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HomeMy WebLinkAbout02-1275Stipulations Against Liens Eric A. Williams and Laura A. Williams, husband and wife Owner Rine & Rine Builders In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania dY,.>' /~ 7o"~ ~ /-~ Term 2002 VV'hereas, Rine & Rine Builders ('Contractor") of 19 Independence Drive, Shippensburg, PA 17257 has entered into a contract with Eric A. Williams and Laura A. Williams, husband and wife ("Owner") of Shippensburg, Pennsylvania for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot F-12, Liberty Drive, Shippensburg, PA 17257, Southampton township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Eric A. Williams and Laura A. Williams, husband and wife is the title holder of record; and Vghereas, 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 erect!on 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 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 i ~ day of March, 2002. Signed and sealed in the presence of: Eri~. William~r) La'ura A. Williams E BUlLDER~ EXHIBIT ASL the following described re~2 estase, together with improvements thereon erected, kyin!~- and bezng situate in Southampton ToWnship, Cumberland County, Pennsylvania, more particularly described as follows: ' BEGINNING at an iron pin on the westeriv edco of Liberty Drive at corner of Lot F-13 on the her$ina~ter referred to plan of lo~s; thence by said Lot F-i3, North 70 degrees 5.3 minutes 22 seconds West 42.3i feet to an iron pin; thence by the same, Soutk ?~ de~raes $~ minutes 0 second's West 35.79 feet to an iron '~in~at corner of lands of tb~ Grantor herein; thence by s~id other lands of the Gr~m~o~ herein, North !0 degrees ~l minutes 0 seconds W~st 75.74 feet to an iron pin; thor.ce by the same North 0'degrees 14 minutes 0 seconds East ~$.!~ feet to an iron pin; thence continuing by the same Sou~h $S de~rees 46 minutes 0 seconds East 63.91 feet ~ an iron pin7 thence on a curve to the right having a radius of i2~ feet~ a length of 63.27 feet, a chord beari~c cf South 75 degrees 15 minutes 56 seconds East and a chord !e~.gth of $2.6 feet to an iron pin; thence on ~ cuz~e to the right having a radius' of 35 feet, a !en!.[tk cf 57.05 feet, a chord bearing of South 14 degrees f3 minutes 41 seconds East, and a chord length of 50.S5 feet tc an iron pin on the westerly' line of Liberty Dr!'ze; thence with the westerly line of Liberty Drive, ~outk 32 ~e~rees minutes 31 seconds West 56.2~ feet tc an ircn ~i[[; thence by the same on a curve to the left k~vinc a radius of feet, a length of 41.33 feet, a 5}~,>:~ >e~.':.n: {f South 2S degrees 52 minutes 35 seconds Wesn. ~ni a ,:-k::.:'c i!engt~ of --- ~zo~ pin, ~,~="' ~'==:~' c,~ c.e~nn2, ng~' ' containing 16,635 square feet. BEING Lot F-12 on subdivision p!az. }Sre:?:,.red .oy Carl D. Bert dated August 15, 2001, entit_-...~.d "Land Slbdivision for Rine Estates, Phase Vi, . an:f. re uorle:i i~: C'a:'Sseriand County, p~,, P!_an Book 84, Page: 6.4. THE ABOVE DESCRIBED REAL ESTATE is t2ne same which 3. Gary R/ne and Virginia B. Rine, his wife and Darrin G. Pdne and Lcr ~tta L. Rine, his wife by deed dated ,2002 and intended to be recorded immediately prior to the recording of this instrument in the Office of the Recorder of Deeds of Cumberland County, Permsylvania conveyed unto Eric A. Vqlliar_~ ~ an~ L._~.ura A. Williams, his wife.