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HomeMy WebLinkAbout01-1718 FX ,~~.,.; ",- S,tipulations Against Liens C"1lARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION 3In tbe QCourt of QCommon ~lell~ QCount!' of Owner CUMBERLAND , Pennsylvania Docket Number M. 0/-/ 7/,p- /YII.. 0 Term 19 VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION (') 0 c, ~ .'~-, -0 -[~.~ :1:. -:-J ~ ~~ , nl Lr, :,_ ::0 ,~-~, "71 z~-w "F t52~~ ~ ~-'~ 8 ~ (j -~ ~._~~ ~~ Wberell~, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER$;176l14 has-=!o entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPO~ON r:e'OW~fil1 of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMIL y;:eWEtblNGdjypon the lot of ground known as LOGANS RUN, MECHANICSBURG, PA 17025, , EAST PENNSBORO TOvmSHI~ -< CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and Page Number Contractor Wberea~, 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. ~o\n, ~bt~ \agreement Wttne~~etb: 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 Iiabie for all subcontracts, materials furnished and work and labor done. \anlJ 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. \anlJ, 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 attomey 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: C BUILDING COMPANY, OWNER BY: ROBERT P. BOWMAN, PRESIDENT VIL BY: R BERT P. BOWMAN, PRESIDENT LOGAN'S RUN STIP.DOC ;~';""'~r*",W""ffl--r " - "~-'~~~~~'1: I"' I "--,~ ~" ~~ "".. ~ ~,' '""~~- . ...- File No. 01-5328CDN .... ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 38 of Logan's Run, Phase III as described in that certain Final Subdivision Plan, Phase III Logan's Run as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 92, as follows to wit: BEGINNING at a point western extremity of an arc connecting the northern dedicated right-of-way line of Logans Run and the western dedicated right-of-way line of Carol Lane; thence by the northern right-of-way line of Logans Run 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 sixty-eight and eighty-seven hundredths (68.87) feet, said curve also having a chord bearing and distance of North sixty-five degrees forty-nine minutes five seconds West (N 650 49' 05" W), sixty-eight and zero hundredths (68.00) feet to a point at the dividing line of Lot #39, Logans Run, Phase II and Lot #38; thence by line of Lot #39, North thirty degrees fifty-five minutes twenty-one seconds East (N 300 55' 21" E), one hundred nine and ninety-six hundredths (109.96) feet to a point; thence by line ofland on Penn Valley Development North sixty- nine degrees thirty-nine minutes fifty-seven seconds East (N 690 39' 57" E), sixty-seven and sixty-four hundredths (67.64) feet to a point on the western right-of-way line of Carol Lane; thence by said right-of-way line South thirteen degrees three minutes zero seconds West (S 13003' 00" W), one hundred twenty-nine and three hundredths (129.03) feet to a point; thence by same by a curve to the right having a radius of twenty-five and zero hundredths (25.00) feet and an arc length of thirty-eight and fifty-five hundredths (38.55) feet, said curve also having a chord bearing and distance of South fifty-seven degrees thirteen minutes twenty-seven seconds West (S 570 13' 27" W), thirty-four and eighty-four hundredths (34.84) feet to a point on the northern right-of-way line ofLogans Run, the place of BEGINNING. 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