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HomeMy WebLinkAbout01-06405 ,~"~ ..~ .''" ", ..~-I-~, '1:1 .,. - '. , '~'~__s~;L '. ()}- Co'lOu (J1 Lj) . . , Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION 1Jn tbe QConrt of QCommon tllells QCountp of Owner CUMBERLAND , Pennsylvania Docket Number Term 19 VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION Page Number Contrador Wbereas, on tbis ~ba!.' of ~obember, 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 17601 for the er~ction or construction of a SINGLEFAMIL Y DWELLING upon the lot of ground known as EDENDERRY WAY, LOT 130, MECHANICSBURG, PA 17025, , 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 Wbereas, 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. ~oill, ~bis ~l!reement Witnessetb: 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. ~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 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. ~nb. 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 Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone 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: C~PANY'OWNER BY: ROBERT P. BOWMAN, PRESIDENT VI BY: LOGAN'S RUN STIP ~ ~.~-- , l~~ ~ ~.- ~-" .l .-" - ,~ l >~' '-lli liii;:@i*&l!'t", .. ~, File No. 01.6743CDFN ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particnlarly 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 #129 and Lot #130; thence by line of Lot #129, South sixty-one degrees fifty-four minutes frl1:y-four seconds West (S 61054' 54" W), two hundred fifty- six and sixteen hundredths (256.16) feet to a point; thence by line ofland now or formerly of William H. GeInet, North sixty-six degrees forty-nine minutes seven seconds West (N 660 49' 07" W), one hundred twenty and eighty-three hundredths (120.83) feet to a point; thence by line of Lot #133, Logans Run, Phase III, North sixty-one degrees five minutes twenty-three seconds East (N 610 05' 23" E), fifty-one and fifty-two hundredths (51.52) feet to a point; thence by line of Lots #132, #131 and #80, Logans Run, Phase 1II, North sixty-five degrees fourteen minutes forty-nine seconds East (N 650 14' 49" E), two hundred eighty-five and zero hundredths (285.00) feet to a point on the western right-of-way line of Edenderry Way; thence by said right-of-way line, South twenty-four degrees forty-five minutes eleven seconds East (S 240 45' II' E), sixty-eight and thirty-eight hundredths (68.38) feet to a point; thence by same 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 ten and eighteen hundredths (10.18) feet to a point at the dividing line of Lot #129 and Lot #130, the place of BEGINNING. BEING Lot #130 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27. SUBJECT TO a drainage easement and wetlands as shown on the above mentioned subdivision plan. LOGAN'S RUN STIP ~~>~':';"'~rfi~~iit'-I:li!H~~~m~",n-i'Oi.jill\\!'li~j,w;g.,.~.;ai!';IDJl:~.!jffi-'f!I~1Eilili:JciKm-' J4lI H-' .7t 12 .., ~ s= ~' ~~ ~ ..... -') cS - ~ ~ ~- ~~ I? G~ [? ~ r 0-. QJ 9,- ~ ~ 0) ::). 50 -; cS- 1 ~. ~ 1 (~) p, ?to ef: ~ ':f-. b .,r. t ~ rq3,~.::, ~ c.J 1,~~L.J~.I[~J!Jm-JL"'~}"~' CDEI~~.t"J,'C' ),,:, ,~,,:[ ,u, ',_, J!llUU,~~~\,fj~L~l;_'~1O~~,~t.,,~JT;J)..M J ';,,"' "c-,J~[~IJt~Lm'~>''-~ ','" ~~ ~ " (") ~;~ -0:'- ?9f!t. _"C",n /'....1_ cr'" ' 2(~-' :S,:: ,-~. ~~~ :2 .-t .-< C:<1 ,::?, __ie:'... ','~'T'\' .,,,,,"""',,,,",~..~,," _~,', y ~"'''''''''',~,~ u:) ~"D :::> ~ :D -< ~ y ., .",-,. ",.. ,"