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HomeMy WebLinkAbout03-0176Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Owner VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION In the Court of Common Pleas County of Cumberland Docket Number 05'-1"7(.¢, Page Number , Pennsylvania Term 19 Whereas, on this 6th day of January, 2003, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, 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 4 WEXFORD DRIVE, LOT 117 LOGANS RUN, Enola, PA 17025,, East Pennsboro Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, 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 un0er 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, er the curtilage er 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 day and year aforesaid. Signed and sealed in the presence of: File No. 02-9470CDFN ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated fight-of-way line of Wexford Drive at the dividing line of Lot #116 and Lot #117; thence by line of Lot #116 North nineteen degrees fifty-four minutes fifty-two seconds East (N 19° 54' 52" E), one hundred twenty-five and eighty-six hundredths (125.86) feet to a point; thence by line of Lot #119 South fifty-eight degrees one minute fifty-two seconds East (S 58° 01' 52" E), sixty-eight and ninety- five hundredths (68.95) feet to a point at the dividing line of Lot #118 and Lot #117; thence by line of Lot #118 South four degrees fifty-three minutes twenty-nine seconds East (S 04° 53' 29" E), eighty-four and fifty-six hundredths (84.56) feet to a point on the southern right-of-way line of Wexford Drive; thence by said right-of- way line South eighty-five degrees six minutes thirty-one seconds West (S 85° 06' 31" W), fifty-five and sixty- four hundredths (55.64) feet to a point; thence by same by a curve to the right having a radius of one hundred twenty-five and zero hundredths (125.00) feet and an arc length of fifty-four and twelve hundredths (54.12) feet to a point at the dividing line of Lot #116 and Lot # 117, the place of BEGINNING. BEING Lot #117 on the Final Subdivision Plan for Logans Run, Phase IV recorded in Plan Book 83, Page 27. SUBJECT to a clear sight easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions and conditions as shown on the above mentioned subdivision plan.