HomeMy WebLinkAbout01-2696 FX
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StiflUlations Against Uens
VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PENNSYLVANIA
CORPORA110N
lIn tbe €;ourt of €;ommon llleas €;ount!, of
awner
CUMBERLAND
VILLAGE HOME BUILDERS,
INe.
, Pennsylvania
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Wbetea:s, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has
entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., 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 WESTWOOD DRIVE" , EAST PENNSBORO TOWNSHIP,
CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which VILLAGE HOMES AT WESTWOOO GLEN,
INC., A PENNSYLVANIA CORPORATION is the title holder of record; and
Docket Number 0 I . ;U. qt- /J1 /...4
-r p.-.
Page Number
Contractor
Wbereas, 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.
~Olll, t!tIJis ~!1reemt11t Witnrnttb: 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 curtilege 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.
~nll 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.
~nll, 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
VI~E HpMfS WEfTW."OOD GLEN, INC.
Signed and sealed in the presence of: BY: ~
VILLAGE HOME BUILDER ROBERT P. BOWMAN, PRESIDENT
VIL~OMEB I RS,INC.
BY'
. R BERT P. BOWMAN, PRESIDENT
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STIPULATION AGAINST LIENS- 2-8-00
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Fi!fl No. 01.5587CDFN
ALL THAT CERTAIN lot or tract ofland situate in East Pennshoro Township, Cumberland County, Commonwealth of Pennsylvania,
more particularly bounded and described as follows:
BEGINNING at a point on the northern dedicated right-of-way line of Westwood Drive, at the dividing line of Lot #114 and Lot #113;
thence by the northern right-of-way line of WeStwood Drive, South sixty-seven degrees thirty-three mimrtes fifty-nine seconds West (S
67033' 59" W), nineteen and fifty-three hundredths (19.53) feet to a point; thence by a curve to the left, having a radius of two
hunllreli and zero hundredths (200.00) feet and an arc length of seventy-three and thirty-eight hundredths (73.86) feet, said curve also
having a chord bearing and distance of South fifty-six degrees fifty-nine minutes eleven seconds West (S 560 59' 11" W), seventy-three
and forty-four hundredths (73.44) feet to a point at the dividing line of Lot #112 and Lot #113; thence by line of Lot #112, North
twenty-four degrees nineteen minutes eight seconds West (N 249 19' 08" W), forty-nine and twenty-six hundredths (49.26) feet to a
point; thence by same, North fifteen degrees twenty-eight minutes one second West (N 150 28' 01" W), fifty-one and eighty hundredths
(51.80) feet to a point; thence by line of Lot #10 1, Westwood Hills, Phase 1, North thirteen degrees two minutes sixteen seconds East
(N 130 02' 16" E), ninety-five and flfty,seven hundredths (95.57) feet to a point; thence by Lot #100, Westwond Hills, Phase I, North
sixty-seven degrees thirty-three minutes fifty-nine seconds East (N 67" 33' 59" E), thirty-one and sixteen hundredths (31.16) feet to a
point at the dividing line of Lot # 114 and Lot # 113; thence by Lot # 114, 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 of BEGINNING.
BEING Lot #113 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 in the above
mentioned Subdivision Plan.
STIPULATION AGAINST LIENS- 2-8-00
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