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HomeMy WebLinkAbout01-04004,~ Sdpulafions Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Owner ~n ttje QGaurt of ~arnrnen ~Ieas ~auntp a# CUMBERLAND Pennsylvania VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION Conh•~mr Docket Number ~~ ~ yQQ[~ ~ ~ /~ Term 19 Page Number ~Ilereag, VILLAGE HOME BUILDERS, INC. ('Contractor°) of 114 EOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE 15RIVE, LANCASTER, PA 97601 for the erection or construction of a SINGLE FAMtLY DWELLING upon the tot of ground known as LOGANS RUN, LOT t35„ ,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 ~I~eCean, it is the intention of Owner and Contractor that neither said let of ground nor the improvements erected or to be erected thereon shalt be subJect to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials famished in the said erection or construction, and that the right Of anyone to claim any such lien be waived hereby. ~aln, ~~ ~gretxttent ~itneti>iet[j: That Contractor, for and inconsideration of the contract aforesaid and the consitlerations mentioned thereunder, as well as the further consideration of pne 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 shalt be filed or maintained against the building, improvements, lof of ground or any part hereof, or the cartilage or cartilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall laok to and hold Contractor personally liable for all subcontracts, materials famished and work and labor done. ~nb 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 supplememal contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials famished 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 covenarrt, Contractor hereby irrevocably authorises 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 Hama, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialmen, any and all Claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, 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 bean 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 ~a~*cet ; ~un e as • ~~ 1 Signed and sealed in the presence of CH ER O E 0.D1NG COMPANY, OWNER BY: R .BERT P. BOWMAN, PRESIDENT VI E.HOi1~E UI ERS, ING.rGOAkTRAG~OR! BY: R BERT P. BOWMAN, PRESIDENT LOGAN'S RUN STIP ° File No. 01.5898CpFN ALL THAT CERTAIN tract of land situate in East Peoosboro Township, Cumberland Coumy, Pennsylvania, known as Lot No. 85 of Logan's Run, Phase III as described in that certaiu Final Subdivision Plan, Phase III Logan's Run as recorded in the Office of the Recorder ofDeeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 9Z, 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 #86 and Lot #85; thence by line of Lot #86, South twemy-four degrees forty-five minutes eleven seconds East (S 24° 45' 11" E), one hundred ten and zero hundredths (110.00) feet to a point online of Lot #19, Logans Run, Phase I; thence byline of Lot #19, Logans Run, Phase I, Soutlt sixty-five degrees fourteen mimrtes forty-nine seconds West (S 65° 14' 49" W), eighty and zero hundredths (80.00) feet to a point at the dividing Gne ofLot #84 and Lot #85; thence by line of Lot #84, North ttvemy-four degrees forty-five minutes eleven seconds West (N 24° 45' 11" W), one hundred ten and zero hundredths (110.00) feet to a point on the southern right-of--way line of Logans Run; thence by the southemcight-of--way line of Logans Run, North sixty-five degrees fourteen miimtes forty-nine seconds East (N 65° 14' 49" E), eighty and zero hundredths (80.00) feet to a paint at the dividing line of Lot #85 and Lot #86, the place of BEGINNING. SUBJECT to drainage easement as shown on the above mecrtioned subdivision plan. ~ocAN•s RuN sna o n Q 1 V ~ ~ 0 ~. ~ O 1 ~ ~ W ~ ~ r J __ - -p~=~ r.~ Cf~ ,:. t".::% ~~'. - ,-- - ~' =: ~ --- .:< tv =.