HomeMy WebLinkAbout01-5928Stipulations Against Uens
VILlaGE HOMES AT
WESTWOOD GLEN, INC., A
PENNS YL V. d NL 4
CORPORA TION
VILL4GE HOME BUILDERS,
INC.
Contractor
Court of Common Count~, of
CUMBERL4 ND
Docket Number
Page Number
, Pennsylvania
Term 19
~l)erea~, on this 9th day of October, 2001, 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 ("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 WOODMYRE LANE, LOTS T-1THRU 8,
EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which VILLAGE
HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and
?~[tereas, 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 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 hereby.
_-~0b], ~0i~ ~[IZreelllellt ~itnez~etlj: 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 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.
(,~lib 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 furnished
under the contract aforesaid.
~llb, 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
attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the
any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, Contractor, or of
or any
subcontractor or materialman, 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 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: VILLA~-:~-a,~--IOMES AT ~I[ESTVVOOD GLEN, INC., OWNER
BY: ~
ROBERT p. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File No. 01-6680CDFN
TRACT 1
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Penusylvarfia,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern extremity of an arc connecting the northern dedicated right-of-way line of Valley Street and
the eestem dedicated right-of-way line of Woodmyre Lane; thence by the e~stem right-of-way line of Woodmyre Lane by a curve to the
left having a radius of one hundred sevanty-five and zero hundredths (175.00) feet and an arc length of twelve and eighty hundredths
(12.80) feet, said curve also having a chord bearing and distance of North seventeen degrees forty-three minutes sixteen seconds West
(N 17° 43' 16" W), twelve and eighty hundredths (12.80) feet to a point at the dividing line ofLot #T-2 and Lot #T-l; thence by line of
Lot #T~2, North seventy degrees ten minutes fifty-nine seconds East (Iq 70° 10' 59" E), twenty-five and zero hundredths (25.00) feet to
a point; thence by same and passing through the cunterllne ora partition wall, North fifty-two degrees forty-three minutes thirty-two
seconds East (Iq 52° 4 ' "
3 32 E)~~nehundredf~urteenandtwenty-eighthuedredths(~~4.28)feett~ap~int;theneeby~ine~f~ther
lands of Westwood Hills, South sixty-three degrees two minutes thirty-one seconds East (S 63° 02' 31" E), three and ninety-eight
hundredths (3.98) feet to a point; thence by same, South seventy-eight degrees fifty-eight minutes twelve seconds East (S 78° 58' 12"
E), seventeen and twenty-seven hundredths (! 7.27) feet to a point; thence continuing by other lands of Westwood Hills, South twenty-
eight degrees seven minutes thirty-three seconds West (S 28° 07' 33" W), one hundred two and eighty-seven hundredths (102.87) feet
to a point on the northern right-of-way line of Valley Street; thence by said right-of-way, South seventy-seven degrees thirty-two
minutes fifty-six seconds West (S 77° 3 ' ·
2 56 W), fifty-four and thirty-e ght hundredths (54.38) feet to a point; thence by same by a
curve to the right having a radius of twenty-five and zero hundredths (25.00) feet and an arc length of thirty-seven and eighty-eight
hundredths (3788) feet, said curve also having a chord beating and distance of North fifty-eight degrees two minutes seventeen
seconds West (N 59° 02' 17" W), thirty-four and thirty-six hundredths (34.36) feet to a point on the eastern right-of-way line of
Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-1 on the Final Subdivision Plan for Westwood Hills, Phase Ifi recorded in Plan Book 81, Page 54.
SUBJECT to a twenty-five (25) foot wide drainage easement, a ten (10) foot wide pedestrian easement and a variable
width drainage and wetland easement as shown on the above mentioned subdivision plan.
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
TRACT 2
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-1 and
Lot #T-2, said point also being located twelve and eighty hundredths (12.80) feet north of the northern extremity of an arc
connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre
Lane; thence by the eestem right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred
seventy-five and zero hundredths (175.00) feet and an arc length of eighteen and eight hundredths (18.08) feet, said
curve also having a chord bearing of North twenty-two degrees forty-six minutes thirty-eight seconds West (N 22° 46' 38'
W), eighteen and eight hundredths (18.08) feet to a point at the dividing line of Lot #T-3 and Lot #T-2; thence by line of
Lot #T-3, North sixty-four degrees fifteen minutes forty-five seconds East (N 64° 15' 45" E), twenty-five and zero
hundredths (25.00) feet to a point; thence by same and passing through the centerline of a partition wall, North fifty-two
degrees forty-three minutes thirty-two seconds East (N 52° 43' 32" E), ninety-nine and forty-six hundredths (99.46) feet to
a point; thence by line of other lands of Westwood Hills, South sixty-three degrees two minutes thirty-one seconds East
(S 63° 02' 31" E), twenty-two and twenty-one hundredths (22.21) feet to a point at the dividing line of Lot #T-1 and Lot
#T~2; thence by line of Lot #T-1 and passing through the centerline of a partition wall, South fifty-two degrees forty-three
minutes thirty-two seconds West (S 52° 43' 32" W), one hundred fourteen and twenty-eight hundredths (114.28) feet to a
point; thence by same, South seventy degrees ten minutes fifty-nine seconds West (S 70° 10' 59" W), twenty-five and
zero hundredths (25.00) feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-2 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54.
SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
TRACT 3
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township,
more particularly bounded and described as follows, to wit: Cumberland County, Commonwealth of Pennsylvania,
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-2 and
Lot #T-3, said point also being located thirty and eighty-eight hundredths (30.88) feet north of the northern extremity of
STIPULATION AGAINST LIENS- 2-8-00
an arc Connecting the northern dedicated fight-of-way of Valley Street and at eastern dedicated right-of-way line of
Woodmyre Lane; thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one
hundred seventy-five and zero hundredths (175.00) feet and an arc length of fifteen and nineteen hundredths (15.19)
feet, said curve also having a chord bearing of North twenty-eight degrees thirteen minutes twenty-nine seconds West (N
28° 13' 29" W), fifteen and nineteen hundredths (15.19) feet to a point at the dividing line of Lot #T-4 and Lot #T-3;
thence by line of Lot #T-4 and passing through the centedine of a partition wall, North fifty-two degrees forty-three
minutes thirty-two seconds East (N 52° 43' 32" E), one hundred twenty-four and five hundredths (124.05) feet to a point;
thence by line of other lands of Westwood Hills, South thirteen degrees nineteen minutes fifty-two seconds East (S 13°
19' 52" E), fourteen and thirty-four hundredths (14.34) feet to a point; thence by same, South sixty-three degrees two
minutes thirty-one seconds East (S 63° 02' 31" E), seven and sixty-six hundredths (7.66) feet to a point at the dividing
line of Lot #T-2 and Lot #T-3; thence by line of Lot #T-2 and passing through the centerllne of a partition wall, South fifty-
two degrees forty-three minutes thirty-two seconds West (S 52° 43' 32' W), ninety-nine and forty-six hundredths (99.46)
feet to a point; thence by same, South sixty-four degrees fifteen minutes forty-five seConds West (S 64° 15' 45" W),
twenty-five and zero hundredths (25.00) feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of
BEGINNING.
BEING Lot #T-3 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54.
SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
TRACT 4
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-3 and
Lot #T-4, said point also being located forty-six and seven hundredths (46.07) feet north of the northern extremity of an
arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of
Woodmyre Lane; thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one
hundred seventy-five and zero hundredths (175.00) feet and an arc length of twenty and four hundredths (20.04) feet,
said curve also having a chord bearing of North thirty-three degrees fifty-nine minutes thirty-six seconds West (N 33° 59'
36" W), twenty and three hundredths (20.03) feet to a point at the dividing line of Lot ff]'-5 and Lot #T-4; thence by line of
Lot #T-5 and passing through the centerline of a partition wall, North fifty-two degrees forty-three minutes thirty-two
seconds East (N 52° 43' 32" E), one hundred thirty-one and seventy-nine hundredths (131.79) feet to a point; thence by
line of other lands of Westwood Hills, South thirteen degrees nineteen minutes fifty-two seconds East (S 13° 19' 52" E),
twenty-one and eighty-eight hundredths (21.88) feet to a point at the dividing line of Lot #T-3 and Lot #T-4; thence by line
of Lot #T-3 and passing through the centerline of a partition wall, South fifty-two degrees forty-three minutes thirty-two
seConds West (S 52° 43' 32" W), one hundred twenty-four and five hundredths (124.05) feet to a point on the eastern
right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-4 on the Final Subdivision Plan for Westwood Hills, Phase III reCorded in Plan Book 81, Page 54.
SUBJECT to a ten (10) foot wide pedestrian easement and a varlable width drainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, Conditions and easements as set forth on the above mentioned subdivision plan.
TRACT 5
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Peunsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-.4 and
Lot #T-5, said point also being located sixty-six and eleven hundredths (66.11) feet north of the northern extremity of an
arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of
Woodmyre Lane; thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one
hundred seventy-five and zero hundredths (175.00) feet and an arc length of twenty and four hundredths (20.04) feet,
said curve also having a chord bearing of North forty degrees thirty-three minutes twenty seConds West (N 40° 33' 20"
W), twenty and three hundredths (20.03) feet to a point at the dividing line of Lot #T-6 and Lot #T-5; thence by line of Lot
#T-6 and passing through the centerline of a partition wall, North fifty-two degrees forty-three minutes thirty-two seConds
East (N 52° 43' 32" E), one hundred thirty-five and one hundredths (135.01) feet to a point; thence by line of other lands
of Westwood Hills, North eighty, nine degrees forty-three minutes twenty-seven seconds East (N 89° 43' 27" E), six and
thirty-eight hundredths (6.38) feet to a point; thence by same, South thirteen degrees nineteen minutes fifty-two seconds
East (S 13° 19' 52" E), seventeen and sixty-eight hundredths (17.68) feet to a point at the dividing line of Lot #T-4 and
Lot ~r'-5; thence by line of Lot #T-4 and passing through the centerline of a partition wall, South fifty-two degrees forty-
three minutes thirty-two seconds West (S 52° 43' 32" W), one hundred thirty-one and seventy-nine hundredths (131.79)
feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-5 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54.
STIPULATION AGAINST LIENS- 2-8-00
SUBJECT to a ten (10) foot wide pedestrian easement and a variable width' ~lrainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
TEACT 6
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-5 and
Lot #T-6, said point also being located eighty-six and fifteen hundredths (86.15) feet north of the northern extremity of an
arc connecting the northem dedicated right-of-way of Valley Street and at eastern right, of-way line of Woodmyre Lane;
thence by the eastern right, of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-
five and zero hundredths (175.00) feet and an arc length of twenty and thirty-one
having a chord bearing of hundredths (20.31) feet, said curve also
North forty-seven degrees nine minutes forty-four seconds West (N 47° 09' 44" Wi, twenty and
thirty hundredths (20.30) feet to a point at the dividing line of Lot ~rl'-7 and Lot #T-6; thence by line of Lot rifF-7 and
passing through the centeriine of a partition wall, North f'~y-two degrees forty-three minutes thirty-two seconds East (N
52° 43' 32" El, one hundred nineteen and fifty-nine hundredths (119.59) feet to a point; thence by line of other lands of
Westwood Hills, South seventy-four degrees twenty-four minutes thirty-five seconds East (S 74° 24' 35" El, sixteen and
eighty-one hundredths (16.81) feet to a point; thence by same, North eighty-nine degrees forty-three minutes twenty-
seven seconds East (N 89° 43' 27' El, ten and ninety-seven hundredths (10.97) feet to a point at the dividing line of Lot
#T-5 and Lot #T-6; thence by line of Lot #T-5 and passing through the canterline of a partition wall, South fifty-two
degrees forty-three minutes thirty-two seconds West (S 52° 43' 32' Wi, one hundred thirty-five and one hundredths
(135.01) feet to a point on the eastern right, of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-6 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54.
SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
TRACT 7
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-6 and
Lot #T-7, said point also being located one hundred six and forty-six hundredths (106.46) feet north of the northern
extremity of an arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way
line of Woodmyre Lane; thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius
of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of twenty and eighty-nine (20.89) feet,
said curve also having a chord bearing of North fifty-three degrees fifty-four minutes twenty-two seconds West (N 53° 54'
22 Wi, twenty and eighty-seven hundredths (20.87) feet to a point at the dividing line of Lot #T-8 and Lot ~rl'-7; thence
by line of Lot #T-8 and passing through the canterline of a partition wall, North fifty-two degrees forty-three minutes thirty-
two seconds East (N 52° 43' 32' El, one hundred ten and forty-two hundredths (110.42) feet to a point; thence by line of
other lands of Westwood Hills, South seventy-four degrees twenty-foUr minutes thirty-five seconds East (S 74° 24' 35" El,
twenty-five and nine hundredths (25.09) feet to a point at the dividing line of Lot #T-6 and Lot ~rl'-7; thence by line of Lot
#T-6 and passing through the canterline of a partition wall, South fifty-two degrees forty-three minutes thirty-two seconds
West (S 52° 43' 32" Wi, one hundred nineteen and fifty-nine hundredths (119.59) feet to a point on the eastern right-of-
way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-7 on the Final Subdivision Plan for WeStwood Hills, Phase III recorded in Plan Book 81, Page 54.
SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
TRACT 8
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-7 and
Lot #T-8, said point also being located one hundred twenty-seven and thirty-five hundredths (127.35) feet north of the
northern extremity of an arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated
right-of-way line of Woodmyre Lane; thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left
having a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of twenty-three and
sixteen hundredths (23.16) feet, said curve also having a chord bearing of North sixty-one degrees six minutes ~ty-nine
seconds West (N 61° 06' 59" Wi, twenty-three and fourteen hundredths (23.14) feet to a point at the dividing line of Lot
#T-9 and Lot #T-8; thence by line of Lot #T-9, North twenty-five degrees five minutes thirty-three seconds East (N 25° 05'
33" El, ninety-two and seventy-nine hundredths (92.79) feet to a point; thence by line of other lands of Westwood Hills,
South sixty-six degrees six minutes forty-three seconds East (S 66° 06' 43' El, sixty-two and thirty-eight hundredths
(62.38) feet to a point; thence by same, South seventy-four degrees twenty-four minutes thirty-five seconds East (S 74°
STIPULATION AGAINST LIENS- 2-8-00
24' 35' E), twelve and ten hundredths 1
(2.10) feet to a point at the dividing line of Lot #T-7 and Lot #T-8; thence by line
of Lot #T-7 and passing through the centerline of a partition wall, South fifty-two degrees forty-three minutes thirty-two
seconds West (S 52° 43' 32" W), one hundred ten and forty-two hundredths (110.42) feet to a point on the northern right-
of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #1'-8 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54.
SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on
the above mentioned subdivision plan
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
STIPULATION AGAINST MENS- 2-8-00