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HomeMy WebLinkAbout03-1282Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Owner VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORA TION Contractor In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 19 Whereas, on this 18th day of March, 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 192 EDENDERRY WAY, LOT 107, 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 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, lie~s 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: IBUILDING COMPANY, OWNER ROBERT P. BOWMAN, PRESIDENT VI ILDERS, INC., CONTRACTOR BY: ~ ROBERT P. BOWMAN, PRESIDENT LOGAN'S RUN STIP File No. 03-9963CDFN 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 eastern dedicated right-of-way line of Edenderry Way at the dividing line of Lot No 106 and Lot No. 107; thence by line of Lot No. 106 North fifty-four degrees fifteen minutes thirty seconds East (N 54° 15' 30" E), one hundred seventeen and twenty-seven hundredths (117.27) feet to a point; thence by line of Lot No. 5 and Lot No. 4 of Logan's Run, Phase I South nineteen degrees forty-six minutes nine seconds East (S 19© 46' 09" E), one hundred fifteen and forty-three hundredths (115.43) feet to a point at the dividing line of Lot No. 108 and Lot No. 107; thence by line of Lot No. 108 South seventy-seven degrees nineteen minutes fifty-six seconds West (S 77° 19' 56" W), one hundred eight and sixteen hundredths (108.16) feet to a point on the eastern right-of-way line of Edenderry Way; thence by said right-of-way line by a curve to the left having a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of seventy and forty-eight hundredths (70.48) feet to a point at the dividing line of Lot No. 106 and Lot No. 107, the place of BEGINNING. BEING Lot #107 on the Final Subdivision Plan for Logans Run, Phase IV recorded in Plan Book 83, Page 27. SUBJECT TO a drainage easement and wetlands as shown on the above mentioned subdivision plan. SUBJECT TO other restrictions and conditions as shown on the above mentioned subdivision plan. LOGAN'S RUN STIP