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HomeMy WebLinkAbout94-02958 (\l L c)4 ,;).1.s~ mL[) STIPULATION AGAINST MECHANICS' LIENS TillS AGREEMENT made and concluded on June t. t994 IIETWEEN DAVID E. BIER, single man, 1nI JULIE M. ORRIS, single woman, of 57 Ladnor Lane, Carlisle, Cumberland County, Pennsylvania, pany of the fIrSt pan (hereinafter called Owner), AND DAVID E. BIER, of 2176 Newville Road, Carlisle, Cumberland County, Pennsylvania, party of the second part, (hereinafter called Contrnctor), WHEREAS the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written conlrllCt for the excavation on a portion of the premises, and the construction and completion of a single family residence to be ercctedon the lot of ground situate in Lower FrnnkfordThownshlp, Cumberland County, Pennsylvania, known as lotS of H, Monroe Nickel Subdivision, Horseshoe Road: ALL THAT CERTAIN tract of land situate in Lower Frnnkford Thwnship, Cumberland County, Pennsylvania, bounded and desaibed in accordnnce with the Final Subdivision Plan for H. Monroe Nickel nxmIcd in the hereinafter mentioned Recorder's Office in Plan Bock 67, Page 99, as follows: BEGINNING at an Iron pin in the northern dcdicatcd right-of-way line of Thwnship RoadT-492, known as Horseshoe Road, at corner of Lot No, 4 as shown on the Final Subdivision Plan for H. Monroe Nickell'lXXlltlcd In the hereinafter mentioned Recorder's Office in Plan Book 67, Page 88; thence along said Lot No.4, North 05 degroesOO minutes 00 seconds \\I:5t, a distance of 292 fcello an iron pin; thence along other lands now or fonnerly of H, Monroe Nickel, North 85 degreesOO minutes 00 seconds East a distance of 235 fcetto an iron pin; thence by SlIme South 12 degrees47 minutes 46 seconds East, a distance of 245.93 fcetto an iron pin at the dedicatcdright-of. way line of Thwnshlp Road T-492, known as Horseshoe Road; thence along the dedicated right of-way line of Thwnship Road T-492, known as Horseshoe Road, South 74 degrces47 minutes t7 seconds \\\:st, a distance of 369,23 fcetto an iron pin at the Place of BEGINNING. CONTA.1N ING 1.401 acres, exclusive of the dedicated right-of.way for Township Road T-492 and being all of Lot No.5 as shown on the Final Subdivision Plan for H. Monroe Nickel, recorded in Plan Book 67, Page 99. BEING the same premises which H. Monroe Nickel and Rita M. Nickel, his wife, by dccddntedJune I, t 994 and intended to be recorded immediately prior hereto in the Office of the Recorder of Deeds, granted 1nI conveyed to David E. Bier, single man, and Julie M. Orris, single woman, the Mortgagors herein, UNDER AND SUBJECT, HOWEVER, to lhe restriction that no trniler, mobile home, or double- wide mobile home shall be placed or constructed on the above described premises. In consideration for Grantees' acceptance of this restriction, the Grantors do hereby covenant that if any further subdivision is made of Lot No.1 as shown on the above mentioned Subdivision Plan, no trailers, mobile homes, or double-wide mobile homes, shall be permitted to be plnced or constructed on any lots which would be contiguous to Lots Nos. 4, 5 and3, as shown on the above mentioned Subdivision Plan, whether said lots are on the North or South side of Township Road T- 492, known as Horseshoe Road. The within covenant of the Grantors shall be binding on themselves and their heirs and assigns and shall run with the land. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and In consideration of the contractnforesnid and the consideration mentioned thereunder, as well as the further consideration of One (51.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise, and agree that no mechanics'lien or claim or olher lien or claim of any kind whatsoever shall be liIed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contraCtor, materialmen, or laborers for work done, or materials furnished under said contract or by any other party acting through or under them or any of them for :nI about said building or buildings or any pan thereof, or on credit thereof, and that all sub-contractors, materialmen and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim uf any kind whnteveragainst Owner for any work done or labor or materials furnished under SlIid contract for and about the ereclion, construclion, and completion of SlIid buildings as aforesaid, or under any contract for extra work or for work supplemenllll thereto or otherwise, 1 AND this agreement waiving thc right of lien shall be an independent covenant and shall operate and be effcctiveas well with respect to work done and materials furnished under any supplemental conlrnCtforcxtra work in the erection, constnlction, and completion of the said building or buildings as any work and labor done and matcrinls furnished under the conlrnCt aforesaid. AND, In orderto give the Owner full power and authority to prolCCthlmself and the lot or lots of ground against any and all claims filed by the Contractor or anyonc octing under or through him or It in violation of the foregoing covenant, the said Contractor for himself, themselves, Itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it or any of them, in any of the said Courts of Common Pleas as Attorney for him, them, or it and in him, their, its, name, mark sntisfiedof recordat the cost andcxpense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim, lien or lien, filed by or for thc Contractor, or any Sub-Contractor or Materialman, orin his or their name against said building or buildings, lot orlots of ground or any part thereoflnl for such act, or acts this shal1 be good and sufficient warrant and authority, and a referenccto the Court, Thrm 1nI Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to wnrrnntsuch action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-clnim all rights andall manner of errors, defcctsand Imperfcctions whatsoeverin entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day 1nI year f1l'St above written. ~~L_.F ~ g. D D E. BIER (SEAL) ;:;;4? ~VID E. BIER J.~ 7!1. J IE M. ORRIS (SEAL) !J;uu;' (SEAL)