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HomeMy WebLinkAbout01-03959 3. }, Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION owner ~ ~ - 39~~ ~(n the court of e~omttton ~Ceaa ~Cauutp of CUMBERLAND f~~~ ~ Pennsylvania VILLAGE HOME BUILDERS, ING, A PENNSYLVANIA CORPORATION Conaacwr Docket Number Page Number Term 19 ~bereas, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER WOMES 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 EDENDERRY WAY, LOT 129„ ,EAST PENNSBORO TOWNSHIP, CUMBERLANb, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and ~Ilereas, 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 qr by Contractor to a~~YY subcontractor for labor or materials furnished in the said erection or wnstruction, and that the right of anyone to claimlany such lien be waived hereby. ,~atn, mix; SSgreement ~irneagetfj: 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 Poe curtilage or curtileges appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall Igok to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~[nD this agreement, waiving the right of lien by anyone, shall be en 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. ~nD, 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 Contractpr's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialmen, any antl all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materiatman, or in the name of any one 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 tc warcant such action, and the Contractor does hereby remise, release, and quit Gaim all rights and all manner of ercors, 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. ~ (,~, a I ) "w Signed and seated in the presence of: C R ER S BUILDING COMPANY, OWNER BY: _ OBERT P. BOWMAN, PI'~ESIOENT VILI~ E HOME ILOERS, INC., CONTRACTOR BY: ROBERT P. BOWMAN, PRESIDENT LOGAN'S RUN STIP " .... , File No. 01-5828CDFN ALL THAT CERTAIN lot or tract of land situate in East Peansboro Township, Cumberland County, Commomvealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right-of-way line of Edenderry Way at the dividing line of Lot #128 and Lot #129; thence by line of Lot #128, South forty-five degrees seven minutes one second West (S 45° 07' Ol° W), one hundred eighty-one and seventy-nine hundredths (181.79) feet to a point; thence by line of land now or formerly of George R Garrick, land now or formerly of Ronald McKinney and Iand now or formerly of Witham H. Gelnet., North sissy-six degrees forty-nine minutes seven seconds West (N 66° 49' 07" W), one hundred forty-nine and eighty-five hundredths (149.85) feet to a point at the dividing line of Lot #130 and Lot #129; thence by line of Lot #130, North sixty-one degrees fifty-four minutes fifty-fow seconds East (N 61 ° 54' S4" E), two hundred filly-six and sixteen hundredths (256.16) feet to a point on the western right-of--way line of Edenderry Way; thence by said right-of--way line by a curve to the !eft having a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of fifty-one and thirty-one hundredths (51.31) feet to a point; thence by same, South forty-four degrees fifty-two mismtes fifty-nine seeonds Fast (S 44° 52' S9" E), fourteen and forty hundredths (14.40) feet to a point at rho dividing line of Lot #128 and Lot #129, the place of BEGINNING. BEING Lot #129 on the Final Subdivision Plan for Logans Run, Phase TV recorded in Pian Book SUBJECT to a drainage easement and wetlands as shown on the above mentioned subdivision plan. SUBJECT to other restrictions and conditions as shown on the above mentioned subdivision plan. LOGAN'S RUN STIP ,,,, PF ., '~ .~ ~ s ~ ~ ~ ~ .p n SS Q -~ C~ S