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HomeMy WebLinkAbout01-03585 .l!=B._ .~ -_li ., ~ ~ ~ ,j,~ ~ _co, ,_ 1ltrl1.iiIiI..,"*,," :o,;~~,f .. I>tiPullitions Against Liens VILLAGE HOMES AT WESTWOOD GLEN, INC, A PENN$YLVANL4 CORPORATION 3In tbt €ourt of €ommon llleaJ €ountl' of Owner CUMBERLAND . Pennsylvania Docket Number [) I. 3 S' P t;j I'M L.tJ Term 19 VILLAGE HOME BUILDERS, lNC Page Number Contractor WbtrtnJ, VILLAGe HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSH1RE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as WESTWOOD DRIVE, LOT 122" , EAST PENNSBORO TOWNSHIP h'"",,,_,__ ! CUM~~ND, PENNSYLVANIA described in Exhibit "A" hereof, of which VILLAGE HOMES AT WESTWOOD GLEN, INC., A'P~"N$YLVANIA CORPORATION is the title holder of record; and WbertnJ, 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. ~ol11, tltbi. lalJrttlntnt Witn~.ttb: That Contractor, for and in consideration of the contract aforesaid and the consiljerations mentioneQi~lJtlder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or befora the $~ji\ig and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does heraby 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. fanll this agreement, waiving the right of lien by llnyone, shall be an independent covenant and shall operate and be effective with respect to WOrk done and mllterials 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. fanll, 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 CSIM,tfl8nt, Contractor hereby Irrevocably authori:tes and empowers any Attorney of any Court of Common Pleas of~monwealth of Pennsylyania to appear for Contractor in any of the said Courts of Common Pleas as attorne~'!forC1lntractor aod in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of llny 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 heraby remise, release, and quit Claim all rights and all manner of errors, defects and imperfections whatsoever in entering such sstisfactionof in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: BY: R BERT P. I5OWMAN, PRESIDENT VIL BY: STIPULAtiON AGAINST LiEN$-- 2-8.00 , , .. ,I. _: """,,", ,- "-,;,,~~,:..-;, ~ ., File No. 01-5782CDFN ALL THAT CERTAIN lot or tract ofland situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: . BEGINNlNG at a point on the southern right-of-way line of Westwood Drive, at the dividing line of Lot #121 and Lot #122; thence by Lot #121, South twenty.two degrees twenty-six minutes one second East (822026' 01" E), one hundred thirty and zero hundredths (130.00) feet to a point; thence by other lands now or furmerly of Westwood Hills, South sixty-seven degrees thirty-three minutes fifty_ nine seconds West (S 670 33' 59" W), sixty-two and thirty-nine hundredths (62.39) feet to a point at the dividing line of Lot #123 and Lot #122; thence by line of Lot #123, North fifty.one degrees twenty-seven minutes twenty-nine seconds West (N 510 27' 29" W), one hundred twetrty-nine and seventy-seven hundredths (129.77) feet to a point on the southern right-of-way line of Westwood Drive; thence by said right-of-way, North forty-six degrees twenty-four minutes twenty-three seconds East (N 460 24' 23" E), seventeen and seventy-six hundredths (17.76) feet to a point; thence by same, by a curve to the right, having a radius of one hundred fifty and zero hundredths (150.00) feet and an arc length of fifty-five and forty hundredths (55.40) feet, said curve also having a Chord bearing and di8lal1ce of North fifty-six degrees fifty-nine minutes eleven seconds East (N 560 59' 11" E), fifty-five and eight hundredths (55.08) feet to a point; thence by same, North sixty-seven degrees thirty-three minutes fifty-nine seconds East (N 67' 33' 59" E), fifty.four and sixty-five hundredths (54.65) feet to a point at the dividing line of Lot #121 and Lot #122, the place ofBEGlNNlNG. BEING Lot # 122 on the Final Subdivision Plan for Westwood Hills, Phase N, recorded in Plan Book 81, Page 106. UNDER AND SUBJECT, NEVERTIIELESS, to a variable width Drainage and Wetland Conservation Easement as shown on the above-mentioned Subdivision Plan. STIPULATION AGAINST LIENS- 2-8-00 '--','-'-' ~~""'i~~-:!'1jJ' ~j~m.illi_~~i~~;~>;'I~,j"ilico;~j;i,;L"!#!"lI~~-O;J_,~,';ii!2ff;pfl'!t~~~llifmlil.ilil>~~W- -~"~'-~-> ." .........~iiiilaili~ .. r- --,' ~ -J: i. I Ji Ii ): . ,!' i.~ I: " ,; , ,,' ,. _IC' ,',>. o ?: -- ~ --0 ~V", 'fJj)~;.{) i : ;z;.t;:? ~% \Lv ~() b9 y~ ~ ~ ~ ~ ....t .....--;'\ '\",? .~'. . :~"i~'R ' .- ;'.J() .. ~ '.':i[~~\ ::'- :,{-(\ g ~ :z. .- .' ,~....) o ~ ... 0 e ~ r ~ (J ~~ f l'- :::::: t., ~ '-> ~ ~ \' tl