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Home My WebLink About06-7204 ,. Stipulations Against Liens BRANDON R, ANDERSON and CA VIL SYBIL ANDERSON November 30, 2006 3In tbe (!Court of (!Common ~Ieas QI:ountp of Cumberland , Pennsylvania Owner HAUBERT HOMES, INC. Docket Number Dfo- 7~()L/ MLD Term 20 Contractor Page Number Wberea5, HAUBERT HOMES, INC. ("Contractor") of c.\lr-&, ('.0.............. , has entered into a contract with BRANDON R. ANDERSON and CAVIL SYBIL ANDERSON ("Owner") of 1159 Brockton Circle, New Cumberland, PA 17070, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1609/1611 Cobble Court, New Cumberland, PA 17070Lower Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which BRANDON R. ANDERSON and CAVIL SYBIL ANDERSON 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. 1F!ow, UJ:;bis ~greement Witnes5etb: 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. ~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. ~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. Signed and sealed in the presence of: NDEfSON c{ cf f;C'1{ CAVIL SYBIL ANDERSON ~ ----- HAUBERT HOMES, I~ BY ~, 4-c. .. ...."",..... ...~w'-'.,..- I'V'. " PARCELl ALL THAT CERTAI~ tract or par~c1 of land being situate in Lower Allen Townshi~. Cumberland County, Pennsylvania, more partkularly bounded and described as tollows, to WIt: BEGINNING at a point on the southern right of way line of Cobble Court, a 40 foot wide street, said point being the northeastern comer of Lot 64; thence along said right of way line along a curve to the left having a radius of 50.00 feet and an arc length of 18,29 feet, said arc being subtended by a chord of North 80 degrees 51 minutes 48 seconds East, a distance of 18.19 feet to a point; thence continuing along said right of way North 88 degrees 39 minutes 24 seconds East a distance of 30,00 feet to a point, said point being the northwestern comer of Lot ~o, 48; thence along the western line of said Lot South 0 I degree 20 minutes 36 seconds East a distance of 89.60 feet to a point. said point being on the northern line of Beacon Hill Boulevard, a 70 feet wide street; thence along said right of way line along a curve to the left having a radius of 780,23 feet and an arc length of92.25 feet, said arc being subtended by a chord of South 77 degrees 20 minutes 51 seconds West a distance of 92.19 feet to a point. said point being the southeastern comer of Lot No. 64; thence along the eastern line of said Lot North 19 degrees 37 minutes 00 seconds East a distance of 118.85 feet to a point, the place of BEGINNING. BEING Lot No. 47 on the Pinal Subdivision Plan of the Heights of Beacon Hill, Phase I, as recorded in Plan Book 75, Page 3, CONTAINING 6,634.27 square feet or 0.1523 acres, more or less, L'NDER AND SUBJECT to the Supplemental Declaration of Covenants and Restrictions dated July 14, 1997 and recorded in Cumberland County Miscellaneous Book 552, Page 361, ALSO UNDER AND SL'BJECT, NEVERTHELESS, to all easements, restrictions and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING PART OF THE SA~IE PREMISES which Beacon Hill Heights Development Corporation, a Pennsylvania corporation, by deed dated May 28. 1997 and recorded May 30, 1997 in the Office of the Recorder of Deeds in and tor Cumberland County, PeMsylvania. in Deed Book 158, Page 520, granted and conveyed unto BHH Partners, a Pennsylvania partnership. .. LEGAL DESCRIPTION , PARCEL 2 ALL THA T CERTAIN tract or parcel ofland being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGI~NI~G at a point on the southern right-of-way line of Cobble Court. a 40 toot wide street, said point being the northeastern comer of Lot No, 47; THE~CE along said right- ot:way line along a curve to the left having a radius of 50,00 feet and an arc length of 39.27 teet, said arc being subtended by a chord of North 66 degrees 09 minutes 24 seconds East, a chord distance of 38,27 feet to a point. said point being the western comer of Lot No. 49; THE~CE along the southwestern line of Lot No, 49. South 46 degrees 20 minutes 36 seconds East. a distance of 137.46 feet to a point, said point being on the northern right-of-way line of Beacon Hill Boulevard, a 70 foot wide street; THENCE along said right-of-way line along a curve to the left having a radius of 780.23 feet and an arc length of 132.90, said arc being subtended by a chord of South 85 degrees 36 minutes 52'seconds West. a chord distance of 132.74 feet to a point, said point being the southeastern comer of Lot No, 47; THENCE along the eastern line of Lot No. 47, North 01 degrees 20 minutes 36 seconds East, a distance of 89.60 feet to the point and PLACE OF BEGINNING, CONTAINING 8,020.46 square feet or 0,1841 acres. BEING Lot No, 48 on the Final Subdivision Plan of the Heights of Beacon Hill, Phase I, prepared by Melham Associates, P.C" and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 75, Page 3. UNDER iL~D SUBJECT to the Supplemental Declaration of Covenants and Restrictions dated July 14, 1997 and recorded in Cumberland County Miscellaneous Book 552, Page 361. ALSO UNDER AND Sl:BJECT, NEVERTHELESS, to all easements, restrictions and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING PART OF THE SAME PREMISES which Beacon Hill Heights Development Corporation. a Pennsylvania corporation, by deed dated May 28, 1997 and recorded May 30, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 158, Page 520, granted and conveyed unto BHH Partners, a Pennsylvania partnership. BEING the same premises which BHH Partners, a Pennsylvania general partnership, by Deed dated ~~~ ~:.;.\.- -S~ ,2006, and about to be recorded in the Office of the Recorder of Dee s In and for the County of Cumberland, Pennsylvania, granted and conveyed unto Brandon R. Anderson and Cavil Sybil Anderson, husband and wife, Mortgagors herein. f?~ ~ Ot ~~r?8 ~ rr- -. ~=B \) ~~~t:) ~ ~l~ ~ r:i r.> ....c t-f (:I (") ~~ "'-:I = = c:n CJ f-'"j C) o -n ::? rn~ -elf]] --_.' ''--../ ~4 ~~; ~p. -< \.0 ::? N 01 o