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HomeMy WebLinkAbout01-04793tipWations Agalnat Liens VILLAGE xaiYfES AT WESTR'OOD GLEN, ING, A PENNSYLVANIA CORPORATTON Owner ~u trye court of pCotuatnu ~Ceas ~ouutp of CUMBERLAND Pennsylvania VILLAGE HOME BUII.DERS, INC. Con7ac[ot Docket Number O/- Lf ~~ /bj !~ Term 19 Page Number ~Tjereatx, on this 8th day of August, 2001, VILLAGE HOOAE BtIILDEle3, 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 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction Of a SINGLE FAMILY DWELLING upon the lot of ground known as BRISBAIN DRIVE, LOT 76, Westwood Hilts„ , EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described ih Exhibit "A" hereof, of which VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and ~fjereas, it is the intention of Owner and. Contractor that neither said lot of ground nw the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor tp any subcontractor for labor or materials fumished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. .~otu, 2B;[jio ~greeatent ~ittteetTj: That Contractor, for and in corrsider~ion of the owmract aforesaid and the considerations mentioned thereunder, as wall 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 Gaim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improverrlents, lot of ground or any part hereof, or the cartilage or cartilages appurtenant thereto by anyone, and that ail subcontractors, materialmen and laborers shall took to and hold Contractor personally liable for all subcontracts, materials fumished 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 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 fumished under the contract aforesaid. S~nh, in order to give the Owner full power and authority to protect Owner arid. 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 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 been filed shall be a sufFCient 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. Signed and sealed in the presence of: VILL 1 5 W ~S]INOO~EN, INC., OWNER R ERT P. HOWMAN, PRESIDENT VIVA E HOME BUl ERS, INC., BUILDER BY: R BERT P. BOWMAN, PRESIDENT StIPULATION AGNNS7 LIENS 2-8-00 ,.: . s ~~, ~~. -~ ~: z }~~. .. _ s2 j _ _~ U ,... _.~ ;.. F11e No. 01-6297CQFN ALL THAT CERTAIN lot of land situate in East Pennsboro Township, Cumberland County, Commomvealth of Pennsylvania more particuhuty bounded and described as follows, to wit: BEGINNING at a point on western dedicated right-of--way line of Brisbain Lane at the dividing line of Lot #77 and Lot #78; thence by line of Lot #77, South eighty-five degrees fgrty-three minutes twemy-tour seconds West (S 85° 43' 24" W), one hutuired five and nine hundredths (105.09) feet to a point at the dividing line of Lot #118 and Lot #78; thence by line of Lot #118, North four degrees fourteen minutes zero seconds West (N 04° i4' 00" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #79 and Lot #78; thence by line of Lot #79, North eighty-five degrees forty-three minutes twenty-four secottds East (N 85° 43' 24" E), one hundred five and three hundredths (105.03) feet to a point on the western right-of--way line of Brisbain Lane; thence by said right- of-way, South four degrees sixteen minutesthirty-six seconds East (S 04° 16' 36" E), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #78 and Lot #79, the place of BEGINNING. BEING Lot #78 on the Final Subdivision Plan for Westwood JTdls, Phase TV, retarded in Plan Book 81, Fage 106. SUBJECT to restrictions, conditions and easemems as set forth on the above mentioned Subdivision Plan. STIPULATION AGAINST LIENS 2-a-00 ~> ;_ u_ .-,. . ._. r C _ ' L'- '1=1 [,'l .:. _... ~ 7 _ L' _ ~ J!L `' CYO C1. -- ~' CJ ~ ~ ~ ~ ~~ 4 ~ ~ 6 ^^ 1 Q