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HomeMy WebLinkAbout01-06474 ,0 t.wo_ -"'-'<t"! ~, ~"6"" ~ 'i!i,:~J;,,*"$j!i>-i f' '- ~tipulations Against Liens VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION .1ln tbe QCourt of QCommon ~leall QCouutp of OWner CUMBERLAND , Pennsylvania Docket Number 0 I . & 'f 7 'I Il1 UJ Term 19 VILLAGE HOME BUILDERS, INC. Page Number Contractor Wberellll, on this ~ day of November, 2001, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WES1WOOD 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 LANE, LOT 81, ENOLA, PA 17025, , EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which VILLAGE HOMES AT WES1WOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and WbeUllll, 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. ~o\u. mtJill ~greement Witnelllletb: 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. ~nlJ 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 Comrnon 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: VIL E~~~~NC"OWNER BERT p, BOWMAN, PRESIDENT ~~ BERT P. BOWMAN, PRESIDENT VIL BY: R STIPULATION AGAINST LIENS. 2-8-00 , - ~ ." ~,~~~I ....~~ ll"'"'~ [.1 LJt.'iioo:<I;!':M*~J&,;)~;o;"!0~:i f 'rile N"o. 01.6850CDFN ALL THAT CERTAIN lot or tract ofland situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly 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 #80 and Lot #81; thence by line of Lot #80, South fifty-three degrees fifty-five minutes thirty-nine seconds West (S 530 55' 39" W), one hundred ten and twenty-three hundredths (110.23) feet to a point; thence by line of Lot #117, North thirty-five degrees five minutes twenty-nine seconds West (N 35005' 29" Wi, seventy-five and one hundred1bs (75.01) feet to a point at the dividing line of Lot #82 and Lot #81; thence by line of Lot #82, North fifty-three degrees fifty-five minutes thirty-nine seconds East (N 530 55' 39" E), one hundred eight and ninety-five hundredths (108.95) feet to a point on the western right-of-way line of Brisbain Lane; thence by said right-of-way line, South thirty-six degrees four minutes twenty-one seconds East (S 360 04' 21" E), seventy-five and zero hundredths (75.00) feet to a point at the dividing line of Lot #80 and Lot #81, the place of BEGINNING. BEING Lot No. 81 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106. STIPULATION AGAINST L1ENS- 2-8-00 ~~i":;~" ~'] .fr"'''iJlifilllffilli~~""'''''~'';''~~~--'' ~IIllMif\ll~";~-".M"'~'~W:.tL~4l"m!ii~~~_'lUr v 1 ~ 0 a C) ~ C -,'1 ~ ~ ~ s: z ~~ .. -om c:::> mrf, < ~;~~ '-'\ "'- Z:D "" "" " ZC' <::: ..... - a (j)",I.::: J;'" :::i:) 0 ..... ...., -<,L, ~3Q ..... "'<l \< c:;' -0 ' " "- '" r ~o == SJ:(~ "" "'- ., () )>~ w (3m Z w =-;! =< \1:) ~ ~ r ~ f ., J ,.>c ~,. ~.,~~, ~,"__ w ~. , '~,.'- " ,-" .^' " ',,",,- ,-~ ,.,.",.1111.