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HomeMy WebLinkAbout02-5838Stipulations Against Liens File Number 02-9102C VILLA GE HOMES A T WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION OwtleF VILLA GE HOME BUILDERS, INC. Contractor In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 19 Whereas, on this 11th day of November, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 52-58 WOODMYRE LANE, TOWNHOUSE 25-29, WESTWWOOD, Enola, PA 17025,, East Pennsboro Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and Whereas, 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. 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 dav and vear aforesaid. File No. 02-9102CDFN TRACT 1 ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-26 and Lot #T-25, said point also being located three hundred twenty-six and two hundredths (326.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-26 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76° 05' 19" E), one hundred forty-two and two hundredths (142.02) feet to a point; thence by line of Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00° 13' 2Y' E), twenty-eight and ninety-four hundredths (28.94) feet to a point; thence by same South thirty degrees three minutes fifty-eight seconds West (S 30° 03' 58" W), one hundred thirteen and fifty-four hundredths (113.54) feet to a point on the eastern fight-of-way line of Woodmyre Lane; thence by said right-of-way line North fifty-nine degrees fifty-six minutes two seconds West (N 59° 56' 02" W), thirty-five and eighty-one hundredths (35.81) feet to a point; thence by same by a curve to the right having a radius of one hundred and zero hundredths (100.00) feet and an arc length of eighty and thirty-two hundredths (80.32) feet, said curve also having a chord bearing and distance of North thirty-six degrees fifty- five minutes twenty-one seconds West (N 36° 55' 21" W), seventy-eight and eighteen hundredths (78.18) feet to a point at the dividing line of Lot #T-26 and Lot #T-25, the place of BEGINNING. BEING Lot #T-25 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 2 ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated fight-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern fight-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing t~ough the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76° 05' 19" E), one hundred forty-six and seventy-five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lyrm W. Moore South three degrees forty-four minutes seventeen seconds East (S 03° 44' 17" E), two and twenty- four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00° 13' 23" E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76° 05' 19" W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern fight-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13° 54' 41" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26, the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-28 and Lot #T-27, said point also being located two hundred eighty-six and two hundredths (286.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-28 and passing through the centerline ora partition wall North seventy-six degrees five minutes nineteen seconds East (N 76° 05' 19" E), one hundred fifty and thirty-four hundredths (150.34) feet to a point; thence by line of land now or formerly of Lynn W. Moore, South three degrees forty-four minutes seventeen seconds East (S 03° 44' 17" E), twenty and thirty-two hundredths (20.32) feet to a point at the dividing line of Lot #T-26 and Lot #T-27; thence by line of Lot #T-26 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76° 05' 19" W), one hundred forty-six and seventy-five hundredths (146.75) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13° 54' 41" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-28 and Lot #T-27, the place of BEGINNING. BEING Lot #T-27 on the Final Subdivision Plan for Westwood Hills, Phase IH, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 4 ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre lane at the dividing line of Lot #T-29 and Lot #T-28, said point also being located two hundred sixty-six and two hundredths (266.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-29 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76° 05' 19" E), one hundred fifty-three and ninety-three hundredths (153.93) feet to a point; thence by line of land now or formerly of Lynn W. Moore, South three degrees forty-four minutes seventeen seconds East (S 03° 44' 17" E), twenty and thirty- two hundredths (20.32) feet to a point at the dividing line of Lot #T-27 and Lot #T-28; thence by line of Lot #T- 27 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76° 05' 19" W), one hundred fifty and thirty-four hundredths (150.34) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13° 54' 41" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-29 and Lot #T-28, the place of BEGINNING. BEING Lot #T-28 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 5 ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township. Cumberland Cmmt,, Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13° 54' 41" W), thirty-seven and zero hundredths (37.00) feet to a point at the dividing line of Lot #128 and Lot #T- 29, the place of BEGINNING. BEING Lot #T-29 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.