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HomeMy WebLinkAbout00-08647 ~ . ~'\< t iJT Stipulations Against Liens ~ CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION In the Court of Common Pleas County of Owner CUMBERLAND , Pennsylvartia Docket NUmbeJOO~1~Y7 /f1Il(j) Term 19 CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATAION Page Number Contractor Whereas, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PENNSYLVANIA has entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PENNSYLVANIA for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 26 LOGANS RUN, ENOLA, PA 17025, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, 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 subcontractor-s, 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 anyone 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: ~~.~. ::~~ ES Robert p, Bowman, President BY: \(<</ , Robert p, Bowman, President STIPULATION AGAINST L1ENS- 2-8-QQ,DOC . '. ~'I,\:,,-'-- " ~ File No, 00-4967CTLM ALL TIfAT CERTAIN tract ofland situate in East PennsbolO Township, Cumberland County, Pennsylvania, known as Lot No. 70 of Logan's Run, Phase III as described in that certain Final Subdivision Plan, Phase III Logan's Run as recorded in the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 92, as follows to wit: BEGINNING at a point on the northern dedicated right.of-way line ofLogans Run at the dividing line of Lot No. 69 and Lot No, 70; thence by the northern right-of-way line of Logans Run 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 zero hundredths (70,00) feet, the aforesaid arc being traversed by a chord bearing of South eighty-three degrees twelve minutes fourteen seconds West (S 830 12' 14" W) and a chord distance of sixty-nine and fifty-three hundredths (69.53) feet to a point at the dividing line of Lot No. 71 and Lot No, 70; thence by Ime of Lot No, 71 North eighteen degrees fifteen minutes nineteen seconds West (N 180 IS' 19" W) one hundred six and eighty. one hirndredths (106.81) feet to a point on land now or formerly ofOvidio Acri; thence by lands now or formerly ofOvidio Acri North sixty-five degrees fourteen minutes forty-nine seconds East (N 650 14' 49" E) one hundred twenty-five and ninety.eight hundredths (125,98) feet to a point on the dividing line of Lot No, 69 and Lot No. 70; thence by line of Lot No, 69 South four degrees thirty-nine minutes forty-seven seconds West (S 040 39' 47" W) one hundred forty-six and forty-four hundredths (146.44) feet to a point on the northern right-of-way lipe ofLogans Run, the place of BEGINNING, STIPULATION AGAINST L1ENS- 2-8-QQ,DOC i~~~~- , .~ lion. . 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