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HomeMy WebLinkAbout01-03473 . ~tiPulatjOnS Agi;1inst Liens . C hi' VILLAGE HOMES AT WESTWOOD GLEN, INC, A PENNSYLVANIA CORPORATION Jln tbe (:oud of (:ommon ~leas (:ount)? of Owner CUMBERLAND , Pennsylvania Docket Number 0 /. 3 V1-3 M /... 0 Term 19 VILIAGE HOME BUILDERS, INC Page Number Contractor Wbereas, 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 BRISTAIN LANE, LOT 79" , 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 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. ~ol1J, m:bis ~greement Witnessetb: 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 iegally 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. ~nlJ 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 supplementai 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. ~nlJ, 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: VI~'INC"OWNER BY . ROBERT P. BOWMAN, PRESIDENT VIL~C., CONTRACTOR BY' .- . OBERT P. BOWMAN, PRESIDENT STIPULATION AGAINST LlENS- 2-S-00.DOC j,'~r~~;__,~",.,.~ ~",\....~~ ,'C'_~'~" ~ ~""'~... ~~ . -~- ~"~~'~-'''"'I'''-'' ~1' ~ . ===" -'i]i;) 0/";'" --. tile !::>la, t\t."f824CDFN ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGlNNING at a point on the western extremity of an arc connecting the western dedicated right-of-way line ofBrisbain Lane and the southern right"of"way line of Westwood Drive; thence by the southern right-of-way line of Westwood Drive, by a curve to the right, having a radius of fIfteen and zero hundredths (15.00) feet and an arc length of nineteen and ninety-nine hundredths (19.99) feet, said curve also having a Chord bearing and distance of South seventy-four degrees fifteen minutes eleven seconds East (S 740 15' 11" E), eighteen and fifty-four hundredths (18.54) feet to a point on the western right-of-way line ofBrisbain Lane; thence by said right-of-way, 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-nine and thirty-seven hundredths (69.37) feet, said curve also having a Chord bearing and distance of South twenty degrees ten minutes twenty-nine seconds East (S 200 10' 29" E), sixty-eight and forty-eight hundredths (68.48) feet to a point; thence continuing by the western right-of-way line ofBrisbain Lane, South four degrees sixteen minutes thirty-six seconds East (S 040 16' 36" E), twenty-four and forty-seven hundredths (24.47) feet to a point at the dividing line of Lot #78 and Lot #79; thence by line of Lot #78, South eighty-fIve degrees forty-three minutes twenty-four seconds West (S 850 43' 24" W), one hundred fIve and three hundredths (105.03) feet to a point at the dividing line of Lot #118 and Lot #79; thence by line of Lot #118, North twenty-two degrees twenty-six minutes one second West (N 22026' 01" W), seventy-three and sixty-eight hundredths (73.68) feet to a point on the southern right-of-way line of Westwood Drive; thence by said right-of-way, North sixty-seven degrees thirty-three minutes fifty- nine seconds East (N 670 33' 59" E), ninety-four and seventy-six hundredths (94.76) feet to a point, the place ofBEGlNNING. BEING Lot #79 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106. 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.DOC 1'~II\lliifll~i~"1'! _~ .. --'~.'- ~ -""l"-~ ,,~-^- ~ III'\'_~-, M>..fl~I"'_""'lI"""""i'" """~1'"'r~'!' _ " .,~ "I'~.J!W'l'I'lIPil~ "" f~ --- --- '" '" <-t l" >-> I.; ~ 1',<,.,,- """", -'I -,. ,- '-~- - .", , :c:- .' ="~ - Op """'".'''',f.'"d .. ,_.UTI! ,,'_ ,'\;'_-_--"~-' ,_ ""JJ,_IIl,i!III,.g"'!1J'_ ~~ ,~-- . o r ~ ;g_er1 ZQ: Z-~-' ~$; k6 ~() :;:;0 c: z: =< ~ ~ ~'l ~~, 'i.;,-'- "=,--,,, ~. '-' { c;:, , ,'- :c- ....12': ,:.:J ->;!5 _').r,L ~t~ ~5rfi ~ ~ t> .. <> ~ r r f;) ~ .J-. t:> "__',>Il~~".__,__".~" .-., -~)~fJJ11ITIl,_"yp~ I 0) :,<-J N " o .t::""