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HomeMy WebLinkAbout01-03587 ^~_~"';"'~ ~ L. " ul , t - ~" ,-I " - -~ ." " SIipulatio"" Against Liens VILLAGE HOMESAT WESTWOOD GLEN, INC, A PENNSYLVANIA CORPORATION 1In tbe I!l:ourt of l!l:omll1on t'lle1l6l!l:ountp of Owner CUMBERLAND , Pennsylvania Docket Number 0/.35' Y'? mALl Term 19 VILLAGE HOME BUILDERS, . INC Page Number Contractor Wberea6, 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 ("Ownllr") 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, LOT 120" , EAST PENNSBORO TOWNSHIP, CUMaERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and Wl)erea6, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be IIrected 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 herllby. .flow. QJ:bi6 rallreemtnt Witnt6_ttb: That Contractor, for and in consideration of the contract aforllsaid 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 liable for all subcontracts, materials furnished and work and labor done. ranbthis agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respeclto 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. raub, 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 irrevocebly 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 allorney for ContractQr and in Contractor's name, mark satisfred of recqrd at the cost and expense of the Contractor, or of any subcontractor or materialman, any and ail 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 theraof, and, for such ael or aels, this shall be good and sufficient warrant and authority, and a referance 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. VILLAfJ!O~ESrA'1ES~OODGLEN, INC., OWNER BY:~ "? ROBERT P. BOWMAN, PRESIDENT VILLA~~~E BYIL?>>RS, INC., BUILDER BY:~ ROBERT P. BOWMAN, PRESIDENT Signed and sealed in the presence of: STIPULATION AGAINST LIEN5- 2-8-00 ~~ ~'U"" J "_ - _D-, \~"""""""""'''';m'''--"'''~ File No. 01-5780CDFN AlL mAT CERTAIN lot or tract ofland situate in East PeJIl\sboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern right--of-way line of Westwood Drive at the dividing line of Lot #119 and #120; thence by line of Lot #119, South twenty-two degrees twenty-six minutes one second East (S 220 26' 01" E), one hundred thirty and zero hundredths (130.00) feet to a point; thence by other lands now or formerly of Westwood HiDs, South sixty-seven degrees thirty-three minutes lifty- nine seconds West (S 670 33' 59" W), eighty and zero hundredths (80.00) feet to a point at the dividing line ofLot #121 and Lot #120; thence by line of Lot #121, North twenty-two degrees twenty-six minutes one secood West (N 22026' 01" W), one hundred thirty and zero hundredths (130.00) 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 lifty-nine seconds East (N 67033' 59" E), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #119 and Lot #120, the place of BEGINNING. BEING Lot #120 on the Final S1Ibdivision plan for Westwood Hills, Phase lV, recorded in Plan Book 81, Page 106. UNDER AND SUBJECT, NEVERTHELESS to a variable width Drainage and Wetland Conservation Easement as sbown on the above-mentioned Subdivision Plan. STlPULA TION AGAINST LIENS. 2-8.00 - ~aiiil~~;'~~~=' ~~H:~~MlB~~~~F~~~r~~";~.~-'~"lr~;nlljU:"'-"'''~lf~--~ nl~.JL '" liDlr~l-'fiill!gj i'"'-~~'B1Vljr'-r" () ~ ""us. nl\--: ....r.., ~~r' ZC' C/) ,. ~~ ~Cr' p(- 2: .I ~-O -C- Z ---l -< F~ ~ It; '" c " "Z '_,0, '. . l:"" '..,J ~'lmi!I1'-lI[~~~- a '- ,- :i.: o -n :.:;:i --;-- --, 'l;,~ -~-jCT) -0 d~ ~.., 55 -< LJ -"~ .... "' ~ ~ .. ...... ~ e r r o 1 '.