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HomeMy WebLinkAbout01-03554 - .., ,. . Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION 3ht tbe ((ourt o( ((ommon ~Ieas ((onnt)' o( Owner CUMBERLAND , Pennsylvania Docket Number 0/- 3 S SY 111 Lj) Term 19 VIllAGE HOME BUIWERS, INC., A PENNSYLVANIA CORPORATION Page Number Contractor Wbereas, VILLAGE HOME BUILDERS, INC, ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, 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 LOGANS RUN, LOT 90, ENOLA, PA 17025, ,EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and Wbeuas, 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, ~DlJJ, m:bis ~~uement 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 legally bound hereby, does hereby covenant, prornise 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, ~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. Signed and sealed in the presence of: CH~ERJ HorEf'~D~NG COMPANY, OWNER BY:~ ROBERT P. BOWMAN, PRESIDENT VILL~ .lH9M~ B~~D:.RS,,; INC., CONTRACTOR BY:~ ROBERT P. BOWMAN, PRESIDENT LOGAN'S RUN STIP,DOC ;';j;J~""'P~,,,,,,..,..,.,,~..,,-, .~.".:~ ~"""'"""~"""'-~i"""""""'--~l ~ .....' "' "~ ~ _ ~_,l:-?'::- - . ,- File No, 01-5763CDFN ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No, 90 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 on the southern dedicated right-of-way line of Logans Run at the dividing line of Lot #91 and Lot #90; thence by line of Lot #90, South forty-three degrees fifty-seven minutes six seconds West (S 430 57' 06" W), one hundred and zero hundredths (100.00) feet to a point on line of Lot #53, Logans Run, Phase II; thence by line of Lot #53, Logans Run, Phase II, North forty-six degrees two minutes fifty-four seconds West (N 460 02' 54" W), eighty and zero hundredths (80.00) feet to a point on the dividing line of Lot #89 and Lot #90; thence by line of Lot #89, North forty-three degrees fifty-seven minutes six seconds East (N 430 57' 06" E), one hundred and zero hundredths (100,00) feet to a point on the southern right-of-way line of Logans Run; thence by the southern right-of-way line of Logans Run, South forty-six degrees two minutes fifty,four seconds East (S 460 02' 54" E), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #91 and Lot #90, the place of BEGINNING, LOGAN'S RUN STIP,DOC ""iI!1~""~'''''--'''''''' , , -" IT "~ F ~"~~1 .,,~ ,~'" ~~~. -".. - !t~'4""",, ~ ..... 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