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HomeMy WebLinkAbout06-6283 -- , Stipulations Against Liens Stephen R. Krone and Kathryn I. Krone Jfn tbe q[;ourt of q[;ommon ~leas q[;ountp of Cumberland Owner , Pennsylvania JIM MILLER CUSTOM BUILDER, INC. Docket Number (~tJt, -~ Vd mLl) Term 20@ Contractor Page Number @ Wbereas, JIM MILLER CUSTOM BUILDER, INC. ("Contractor") of P.O. Box 680, Dillsburg, PA 17019, has entered into a contract with Stephen R. Krone and Kathryn L. Krone ("Owner") of 720 South Market Street, Mechanicsburg, PA 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 98, Phase II, Walnut Point Subdivision, Mechanicsburg, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Stephen R. Krone and Kathryn L. Krone are the title holder of record; and Wbereas, 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. jf}ow, m:bis m-greement Witnessetb: 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. m-nb 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. m-nb, 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 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 hands and seals the day and year aforesaid. ID-1.<I -O~ Signed and sealed in the presence of: YJf. JIM MILLER CUSTOM BUILDER, INC. ,.. , File No. 1504-9-9AJAB ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western right-of-way line of Stone Run Drive, said pint being located the following two courses (2) from the terminus of a curve connecting the western right-of-way line of Stone Run Drive with the northern right-of-way line of Monarch Lane 1) North thirty-five degrees, zero minutes, zero seconds East (N. 350 00' 00" E), a distance of one hundred forty feet (140.00'); 2) by a curve to the left, having a radius of one hundred seventy-five feet (R = 175.00'), an arc distance of thirty-five and twelve hundredth feet (AIL = 35.12') to a point; thence from said point of beginning by Lot No. 97, North sixty-six degrees, thirty minutes, zero seconds West (N. 660 30' 00" W), a distance of one hundred fifty-nine and ninety-five hundredth feet (159.95') to a point; thence by Lot No. 95, North thirty degrees, thirty-three minutes, thirty seconds West (N. 300 33' 30" W), a distance of eleven and forty hundredth feet (11.40') to a point; thence by Lot No. 99, North sixty-four degrees, thirty minutes zero seconds East (N. 64030' 00" E.), a distance of one hundred sixty-six and thirteen hundredth feet (166.13') to a point on the western right-of-way line of Stone Run Drive; thence by said right-of-way line, by a curve to the right, having a radius of one hundred seventy-five feet (R = 175.00'), an arc distance of one hundred forty-nine and sixty-six hundredth feet (AIL = 149.66') to a point, the place of BEGINNING. Said tract contains 13,045.07 square feet or 0.2995 acres. BEING a portion of that tract of land which Lloyd J. Edris and Shirley M. Edris, his wife, by their Deed dated Aril 26, 1996 and recorded May 1, 1996 in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 138 at Page 518, granted and conveyed unto Harold D. Stoner and Marilyn L. Stoner, his wife, and being Lot No. 98 as shown on a final Subdivision Plan for Walnut Point, Phase II for Harold Stoner, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 85, Page 1. 70 ~ ~ (") r-.~ ~ C"..:? C = ~ ~-..... c.r- tJ:- 0 --I CJ r{, ::D D --t I --niT] D rv ..~]C -J 1~~.3 ~~: ""- ~ ~ ;V ~ ~~~,~ -.- --- ~ 0 - ~\ f .. 1-"" ..... ::0 ~ -.l -< 1? ~ p ... ~ r'l r