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HomeMy WebLinkAbout02-3127LAW OFFICES SNELBAKER, BRENNEMAN & SPARe STIPULATION AGAINST LIENS THIS AGREEMENT made this 1st day of July, 2002, by and between: JIM MILLER CUSTOM BUILDER, INC., a Pennsylvania business corporation of 29 Tannery Road, Dillsburg, Pennsylvania, hereinafter "Contractor" J. MICHAEL KILLMON and KATHARYN L. KRAEMER, husband and wife, of 124 Forest Drive, Camp Hill, Pennsylvania, hereinafter "Owner". WHEREAS, Owner and Contractor have entered into a construction agreement ("agreement") whereby Contractor has agreed to erect and construct a residential dwelling upon the following described real estate, as part of the consideration for which agreement this Stipulation Against Liens is given: ALL THAT CERTAIN piece or parcel of land situate between Woodcreek Drive and the Yellow Breeches Creek in Lower Allen Township, Cumberland County, Pennsylvania, said premises being known as Lot No. 14 as shown on the "Revised Preliminary/Final Subdivision Plan for High Meadow, Phase IV, Lots 13, 14 and 15" and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 78, Page 99; and said premises being further bound and described as follows: BEGINNING AT A POINT, on the Eastern right-of-way line of Woodcreek Drive, at the Southwest comer of lands now or formerly of Glenn and Sandra Ressler; thence along said lands of Ressler, the following three courses: (1) South 63 degrees 20 minutes 44 seconds East, a distance of 116.39 feet to a point; (2) South 85 degrees 20 minutes 45 seconds East, a distance of 210.83 feet to a point; (3) South 69 degrees 34 minutes 06 seconds East, a distance of 180.48 feet to a point in the Yellow Breeches Creed on line of lands now or formerly of Lester Bixler; said line also being the dividing line between Lower Allen Township, Cumberland County, and Fairview Township, York County; thence along said line and in the Yellow Breeches Creek South 21 degrees 14 minutes 11 seconds West, a distance of 154.32 feet to a point at the Southeast comer of Lot No. 13; thence along said Lot North 76 degrees 45 minutes 58 seconds West, a distance of 225.20 feet to a point; thence along same North 85 degrees 38 minutes 54 seconds West, a distance of 199.33 feet to a point on the Eastern right-of-way line of Woodcreek Drive; thence along said right-of-way line by a line curving to the left having a radius of 305.00 feet, an arc length of 71.63 feet, and a chord beating of North 07 degrees 33 minutes 39 seconds West, a distance of 71.46 feet to a point at the Southwest comer of said lands of Ressler, the Place of BEGINNING. LAW OFFICES SNeLBAKER, BRENNEMAN & SPARE CONTAINING 65,860.3 square feet (1.51) acres and being subject to various easements as shown on the aforementioned Plan. BEING the same premises which New Penn Motor Express, Inc., by its deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania immediately prior to the filing of this Stipulation granted and conveyed unto Owner herein. NOW THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) in hand paid by Owner, the receipt and sufficiency of which are hereby acknowledged, a well as for and in consideration of the agreement aforementioned, Contractor does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through and under Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanics'liens or claims shall be filed or maintained by Contractor, them or any of them or any one, against the above described real estate or the buildings or other improvements erected or to be erected thereon, any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done or materials furnished under the agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection, construction and completion of said buildings or other Improvements, or any of them, or otherwise; and Contractor for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers and laborers shall not look to and hold owner liable for all subcontracts, materials finished and work and labor done so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work or labor or materials furnished under the agreement or otherwise. This Stipulation waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said buildings or other improvements as to any work and labor done and materials furnished under the agreement aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the agreement or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of any buildings or other Improvements on the above-described property. -2- This Stipulation Against Liens is made and intended to be filed with the Prothonotary of Cumberland county, Pennsylvania within ten (10) days of the date hereof in accordance with the requirements of law in such case provided. IN WITNESS WHEREOF, Contractor has signed and sealed this Stipulation, binding itself, its successors and/or assigns the day and year first above written. JIM MILLER CUSTOM BUILDER, INC. ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the 1st day of July, 2002, before me, the undersigned officer, personally ap.p,peared ~at~n' ,4. ~,~ , who acknowledged himself to be the ff, t~t~ntP of JIM MILLER CUSTOM BUILDER, INC., a Pennsylvania corporation, and that he, as such ~/,~ , being authorized to do so, executed the foregoing instrument for the purposes herein contained by signing the name of the corporation by himself as/~e.O'tst~ LAW OFFICES SNELBAKER. BRENNEMAN a SPARE IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ~/ ~' -3-