HomeMy WebLinkAbout01-1477 FX
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~tipulations Against Liens
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VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PENN"SYL VANIA
CORPORATION
In the Court of Common Pleas County of
Owner
CUMBERLAND
, Pennsylvania
VILLAGE HOME BUILDERS,
INC.
Docket Number 01- / 'J 7 7 fri I- tJ Cl ~rm 19
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Whereas, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, ~ 1~1 h~
entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORfS6RATION
("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 WESTWOOD DRIVE" , 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
Page Number
Contractor
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 tbe 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 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:
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VI~OME~OD GLEN, INC., Owner
By. "'h '0-t:.. "
Frances G. Stadel, ice resident
ATT~ ~
By: ~ ,,Q " ..?-e.
Frances G. Stadel, Assistant Secretary
STIPULATION AGAINST L1ENS- 2-8-00
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STIPULATION AGAINST LIENS- 2-8-00
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BY:
Frances G. Stadel, Vice President
ATTEST:
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Frances G. Stadel, Assistant Secretary
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file No. 01-5333CDN
ALL THAT CERTAIN lot or tract ofland situate in East Pernisboro Township, Cumberland County, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINN1NG at a point on the northern dedicated right-of-way line of Westwood Drive, at the dividing line of Lot #115 and Lot
#114; thence by the northern right-of-way line of Westwood Drive, South sixty-seven degrees thirty-three minutes fifty-nine seconds
West (S 670 33' 59" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #113 and Lot #114; thence by
line of Lot #113, North twenty-two degrees twenty-six minutes one second West (N 220 26' 01" W), one hundred sixty-five and zero
hundredths (165.00) feet to a point; thence by line of Lot #100, Westwood Hills, Phase I, North sixty-seven degrees thirty-three
minutes fifty-nine seconds East (N 670 33' 59" E), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #115
and Lot #114; thence by Lot #115, South twenty-two degrees twenty-six minutes one second East (S 220 26' 01" E), one hundred
sixty-five and zero hundredths (165.00) feet to the northern right-of-way line of Westwood Drive, the place ofBEGINN1NG.
BEING Lot #114 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
UNDER AND SUBJECT, NEVERTHELESS, to a twenty-five (25) foot wide Drainage Easement and variable width Drainage and
Wetland Conservation Easement as shown on the above mentioned Subdivision Plan.
UNDER AND SUBJECT, NEVERTHELESS, to other restrictions, conditions, and easements as set forth on the above mentioned
Subdivision Plan.
STIPULATION AGAINST L1ENS- 2-8-00
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