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HomeMy WebLinkAbout01-04650`, Stipulations Against Liens CHARTER H©hfES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Owner (Q 143 3fn tfje QCnurt of ~ntnnran ~fea~ Qlouritp df CUMBERLAND Pennsylvania VILLAGE SOME BUILDERS, ING, APENNSYLVANL4 CORPORATION Conmxmr Docket Number o !- ~l6 5~ M !-O Term 19 Page Number ~fierea~, ott tCji~ 3067 bap of ~rifp, 2001, 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 17801 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as EDENDI=RRY WAY, LOT106„ ,EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, A p'ENFfSYLVANtA CORPORATION is the title holder of record; and ~fjecea~, it is the intention of Owner and Gontractor that neither said lot of ground nor the improvements erected or to be erected thereon shalt be subject to a lien for d8bts 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. ,dam, ~greearent'~%tne~et~: That Contractor, for and in consideratom of the t•Arttract 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 seating 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 ttae cartilage or cuRilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personaNy liable for aN subcontracts, materials furnished and work and labor done. ~riD this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respe~ to work done and materials famished 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. ~rih, 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 Cbmmon 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 rest and expanse of the. Contractor, or of any subcontractor or materialmen, any and all Gaims 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 whir~t this instrument shaft have been filed shall be a sufftcient exhibit of the authority herein contained to warrant such action, and'the Contractor does hereby remise, release, and quit claim elf 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: Cf( E""l't HO Imo' UfCWNG COIaIPANY, OWNER BY: ROBERT P: BOUYNfAPI, PRESIDENT VII HOME U 8R$, INC., CONTRP,CTOR BY: ROBERT'P: 606V14flilY, PRESIt7ENfi'" LOGAN'S RUN STIP ~,, ._ . File No. Q1.6163CDFN ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Townslilp, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of--way line of Edenderry Way at the dividing line of Lot #104 and lot #105; thence by line of Lot #104, North twenty-one degrees twenty-one minutes twenty second East (N 21° 21' 20" E), one hundred seventy seven and sixty-nine hundredths (177.69) feet to a point; thence by line of Land of Logans Run, Phase I, South sncty-seven degrees sixteen minutes fifty-seven seconds East (S 67° 16' S7" E), one hundred six and fifty hundredths (106.50) feet to a point at the dividing line of Lot #106 and Lot #105; thence by Lot #106, South thirty-one degrees eleven minutes four seconds West (S 31° 11' 04" W), one hundred eighty and thirty-eight hundredths (180.38) feet to a poim on the northern right of way line of Edenderry Way; thence by said right of way line by a curve to the left, having aradius of one hundred seventy-Sve and zero hundr (175.00) fcet and an arc length of thirty and two hundredths (30.02) feet to a point; thence by same, North sixty-eight degreesthirty-eight minutes forty seconds West (N 68° 38' 40" ~, forty-five and eighty hundredths (45.80) feet to a point at the dividing line of Lot #102 and Lot #103, the place of BEGINNING. BEING Lot #105 on the Final Subdivision Plan for Logans Run, Phase 1V recorded in Play Book 83, Page 27. SUBJECT to various drainage easement and wetlands as shown on the above mentioned subdivision plan. SUBIECT to other restrictions and coaduions as shown on the above mentioned subdivision plan LOGAN'S RUN STIP