HomeMy WebLinkAbout03-1648Stipulzt~ns Against Liens
Fide Number 03-10067C
VILLA GE HOMES A T
I¢'ESTIzr'OOD GLEN, INC, A
PENNSYLVANIA
CORPORA TION
Owner
VILLA GE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland ~1~ ~ b ~
, Pennsylvania
Docket Number 0 ~ ' ,l ~ q~
Term 19
Page Number
Whereas, on this 2nd day of April, 2003, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE has
entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC, A PENNSYLVANIA CORPORATION
("Owner") of 114 FOXSHIRE DRIVE for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of
ground known as 61,59,57,55,53 WOODMYRE LANE, LOTS T30-T34 WESTWOOD TOWNS, 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 anO 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 day and year aforesaid.
Signed and sealed in the presence of:
STIPULATION AGAINST LIENS- 2-8-00
File No. 03-10067CDFN
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 western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-31 and
Lot #T-30; thence by line of Lot #T-31 and passing through the center of a partition wall South seventy-seven degrees
nineteen minutes thirty-seven seconds West (S 77° 19' 37" W), one hundred twelve and sixty-one hundredths (112.61)
feet to a point; thence by line of lands of Westwood Village due North fifty and sixteen hundredths (50.16) feet to a point;
thence by same due East sixty and zero hundredths (60.00) feet to a point; thence continuing by lands of Westwood
Village due North two hundred five and zero hundredths (205.00) feet to a concrete monument on the western right-of-way
line of Woodmyre Lane; thence by said right-of-way line South ten degrees forty-six minutes seventeen seconds East (S
10° 46' 17" E), ninety-seven and four hundredths (97.04) feet to a concrete monument; thence by same by a curve to the
left having a radius of one thousand twenty-five and zero hundredths (1,025.00) feet and an arc length of fifty-six and
seventeen hundredths (56.17) feet, said curve also having a chord bearing and distance South twelve degrees twenty
minutes twenty-nine seconds East (S 12° 20' 29" E), fifty-six and seventeen hundredths (59.17) feet to a concrete
monument; thence by same South thirteen degrees fifty-four minutes forty-one seconds East (S 13° 54' 41" E), seventy-
nine and zero hundredths (79.00) feet to a point at the dividing line of Lot #T-31 and Lot #T-30, the place of BEGINNING.
BEING Lot #T-30 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 a 25 foot wide Drainage Easement variable width Drainage and
Pedestrian Easement as shown on the above mentioned subdivision plan.
SUBJECT to other conditions and restrictions as set fodh on the above mentioned 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 western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-32 and
Lot #T-31; thence by line of Lot #T-32 and passing through the center of a partition wall South seventy-seven degrees
nineteen minutes thirty-seven seconds West (S 77° 19' 37" W), one hundred seventeen and fifty-four hundredths (117.54)
feet to a point; thence by line of lands of Westwood Village due North twenty and fifty-four hundredths (20.54) feet to a
point at the dividing line of Lot #T-30 and Lot #T-31; thence by line of Lot #T-30 and passing through the centerline of a
partition wall North seventy-seven degrees nineteen minutes thirty-seven seconds East {N 77° 19' 37" E), one hundred
twelve and sixty-one hundredths (112.61) feet to a point on the western right-of-way line of Woodmyre Lane; thence by
said right-of-way line South thirteen degrees fifty-four minutes forty-one seconds East (S 13° 54' 41" E), twenty and zero
hundredths (20.00) feet to a point at the dividing line of Lot #T-32 and Lot #T-31, the place of BEGINNING.
BEING Lot #T-31 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 25 foot wide Drainage and Pedestrian Easement as shown on the above mentioned subdivision plan.
SUBJECT to other conditions and restrictions as set forth on the above mentioned plan.
TRACT 3
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 western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-33 and
Lot #T-32; thence by line of Lot #T-33 and passing through the center of a partition wall South seventy-seven degrees
nineteen minutes thirty-seven seconds West (S 77° 19' 37" W), one hundred twelve and seventy-four hundredths (112.74)
feet to a point; thence by line of lands of Westwood Village due North twenty and forty-nine hundredths (20.49) feet to a
point at the dividing line of Lot #T-31 and Lot #T~32; thence by line of Lot #T-31 and passing through the centerline of a
partition wall North seventy-seven degrees nineteen minutes thirty-seven seconds East (N 77° 19' 37" E), one hundred
seventeen and fifty-four hundredths (117.54) feet to a point on the western right-of-way line of Woodmyre Lane; thence by
said right-of-way line South thideen degrees fifty-four minutes forty-one seconds East (S 13° 54' 41" E), eleven and zero
hundredths (11.00) feet to a concrete monument; thence by same by a curve to the left having a radius of one hundred fifty
and zero hundredths (150.00) feet and an arc length of nine and two hundredths (9.02) feet, said curve also having a
chord bearing and distance of South fifteen degrees thirty-eight minutes three seconds East (S 15° 38' 03" E), nine and
two hundredths (9.02) feet to a point at the dividing line of Lot #T-33 and Lot #T-32, the place of BEGINNING.
BEING Lot #T-32 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 25 foot wide Drainage and Pedestrian Easement as shown on the above mentioned subdivision plan.
SUBJECT to other conditions and restrictions as set forth on the above mentioned 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 western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-34 and
Lot #T-33; thence by line of Lot #T-34 and passing through the center of a partition wall South seventy-seven degrees
nineteen minutes thirty-seven seconds West (S 77° 19' 37" W), one hundred thirty and forty-nine hundredth (130.49) feet
to a point; thence by line of lands of Westwood Village due North twenty and forty-nine hundredths (20.49) feet to a point at
STIPULATION AGAINST LIENS- 2-8-00
the d, ividing line of Lot #T-32 and Lot #T-33; thence by line of Lot #T-32 and passing through the centerline of a partition
'wall North seventy-seven degrees nineteen minutes thirty-seven seconds East (N 77° 19' 37" E), one hundred twenty-two
and seventy-four hundredths (122.74) feet to a point on the western right-of-way line of Woodmyre Lane; thence by said
right-of-way line by a curve to the left having a radius of one hundred fifty and zero hundredths (150.00) feet and an arc
length of twenty and twenty-four hundredths (20.24) feet, said curve also having a chord bearing and distance of South
twenty-one degrees thirteen minutes twenty-one seconds East (S 21° 13' 21" E), twenty and twenty-two hundredths
(20.22) feet to a point at the dividing line of Lot #T-34 and Lot #T-33, the place of BEGINNING.
BEING Lot #T-33 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 25 foot wide Drainage and Pedestrian Easement as shown on the above mentioned subdivision plan.
SUBJECT to other conditions and restrictions as set forth on the above mentioned plan.
TRACT 5
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 western dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-35 and
Lot #T-34; thence by line of Lot #T-35 South sixty-three degrees forty-six minutes forty-one seconds West (S 63° 46' 41"
W), one hundred fifty-six and four hundredths (156.04) feet to a point; thence by line of lands of Westwood Village due
North sixty-two and seventy-three hundredths (62.73) feet to a point at the dividing line of Lot #T-33 and Lot #T-34; thence
by line of Lot #T-33 and passing through the centerline of a partition wall North seventy-seven degrees nineteen minutes
thirty-seven seconds East N 77° 19' 37" E), one hundred thirty and thirteen hundredths (130.13) feet to a point on the
western right-of-way line of Woodmyre Lane; thence by said right-of-way line by a curve to the left having a radius of one
hundred fifty and zero hundredths (150.00) feet and an arc length of twenty-five and eighty-three hundredths (25.83) feet,
said curve also having a chord bearing and distance of South thirty degrees one minute fourteen seconds East (S 30° 01'
14" E), twenty-five and eighty hundredths (25.80) feet to a point at the dividing line of Lot #T-35 and Lot #T-34, the place of
BEGINNING.
BEING Lot #T-34 on the Final Subdivision Plan for Westwood Hills, Phase Ill, recorded in Plan Book 81, Page 54.
SUBJECT to a 25 foot wide Drainage and Pedestrian Easement as shown on the above mentioned subdivision plan.
SUBJECT to other conditions and restrictions as set forth on the above mentioned plan.
STIPULATION AGAINST LIENS- 2-8-00