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HomeMy WebLinkAbout03-4479St~ula(ions Against Liens File Number 03-122210 VILLAGE HOMES WESTWOOD GLEN, INC., PENNS YL V,4NI,4 CORPORA TION O~ner VILL,4GE HOMES BUILDERS, INC. Contractor In the Court of Common Pleas County of Cumberland Docket Number Page Number · Pennsylvania Term 19 Whereas, on this 29th day of August, 2003, VILLAGE HOMES 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 621 - 628 Brisbain Lane, LOT38, 39, 40, 41, 73, 74, 75,76, Enola, PA 17025,, 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 Whereas, 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. Now, This Agreement Witnesseth: 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. And 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. A.nd, 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 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: o.oo G.E.. ,.c., OW. ER By:e[/~.,~.~- ,r r RD IERT P. BOJNMAN, PRESIDENT WL~J~II Ht)M~S ~IU~.DF_BS, ~NC., BUILDER B ,:/I/Vt J ROBERT P. BOWMAN, PRESlOENT STIPULATION AGAINST LIENS- 2-8-00 Ru~ 21 03 12:48p Donald H. Er~uin Ru~ 20 03 O5:OIp p.4 p.1 Lot # 38 All thai certain piece, parcel or tract of land si~.~ated in East Penn~boro Township. Ctumbcrland Counly, Pom~sylvania. known and designated as lot ~ 38 on the Final Subdivision Plan for Westwood Hills Phase V~ as recorded in Cumbcrla~d Cmmty Courthouse in Plan Book gT: Page 9. in which it is more fully bounded and described as follows, to vfit: BEGINNING at an iron pin in the eastern line, ora 50 fool right-of-way Imown as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence along the sonthem line of lot 37 of Westwood Hills Phase IV, North 85 degrees 43 minutes 24 seconds F,a.~ ] 00.00 feet to an iron pin; thence along lands of Ronald G. Gates South 04 degrees 16 minntes 43 second East 85.00 'feet to an iron pin at the northeast comer of lot 39; thence along the northern line of lot 39 of Westwood Hills Phase V, South 85 degree 43 minutes 24 second West 100.00 feet to an iron pin; said iron pin being the northwest corner of lot 39 ami on the eastern line ora 50 foot right-of-way known as Brisbain Lane, thence along thc aforesaid eastern right-of-way line North 04 degrees 16 minutes 36 seconds West 85.00 feet to an iron pin thc place of BEGINNING. CONTAINING: 8,500.00 sc uare feet, 0.195 AC. Lot g 39 All that certain piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, !mown and defignated as lot fl 39 on the Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cumberland County Courthouse in Plan Book 87, Page 9, in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the eastern tine, ora 50 foot right-of-way k,mwn as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence along tho southern line of lot 38 of Westwood Hills Phase V, North 85 degrees 43 minutes 24 seconds East 100.00 feet to an iron pin; thence along lands of Ronald G. Gmes South 04 degrees 16 minutes 43 second East 85.00 feet to an iron pin at the northeast coiner of lot 40; thence along the northern line of lot 40 of Westw0od Hills Ph~e V, South 85 degree 43'minntes 24 second West 100.00 feel to an iron pin; said iron pin being the northwest comer of lot 40 and on the eastern line of a 50 foot right-of-way known as Bdsbain Lane, thence along the aforesaid eastern right-of-way line North 04 degrees 16 minutes 36 seconds West 85.00 feet to an iron pin the placo of BEGINNING. CONTAINING: 8,500.00 square feet, 0.195 AC. Ru C 21 03 12:48p RuC ~0 03 OS:02p Donald H. Erwin 717-23~-5540 p.3 Lot # 40 All that certain piece, parcel or tract of land situated in East Pe~msboro Township, Cumberland County, Pennsylvania, known and designaled as lot # 40 on the Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cumberland County Courthouse in Plan Book 87, Page 9, in which it is more fully boanded and described as follows, to wit: BEGINNING at an iron pin in the eastern line, of a 50 foot right-of-way known as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence a}ong the southern line of lot 39 of lXrestwood Hills Phase V, North 85 degrees 43 minutes 24 seconds East 100.00 feet to an iron pin; thence along lands of Ronald G. Gates South 04 degrees 16 mJnules 43 second Easl 85.00 feet to an iron pin at the norlheasl corner of lot 41; thence along the northern line of lot 41 of Westwond Hills Phase ¥, South 85 degree 43 minutes 24 second West 100.00 feet to an iron pin; said iron pin beillg the northwest corner of lot 41 and on the eastern line ora 50 foot right-of-way known as Brisbain Lane, thence along the aforesaid eastcm righNof-way line North 04 degrees 16 minutes 36 seconds West 85.00 feet to an iron pin the place of BEGINNING. CONTAINYNG: 8,500.00 square feet 0.195 AC. Lot # 41 All that certain piece, parcel or tract of land situated in East Pennsbo~o Townslfip, Cumberland Count)', pennsylvania, known and designated as lot # 41 on the Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cumberland County Couxlhou~e in Plan Book 87, Page 9, in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the eastern line, of a 50 fool right-of-way known as Brisbain Lane, as it appears on the aforesaid subdivision plan; lhencc along the southern line of lot 40 of Westwood Hills Phase V.. North 85 degrees 43 minutes 24 seconds East 100.00 feet to an iron pin; thence along lands of Ronald G. Gales South 04 degrees 16 minutes 43 second East 85.00 feet to an iron pin at the northeast comer of lot 42; thence along abe nm~tb, em line of lot 42 of Westwood Hills Phase V, South g5 degree 43 minut~ 24 second West 100.00 feet to an iron pin; said iron pin being the northwest corner of lot 42 and on the eastern linc ora 50 foot right-of-way known as Brisbain Lane, thence along tiao aforesaid eastern right-of-way line North 04 degrees 16 minutes 36 seconds West 85.00 feet to an iron pin the place of BEGINN1NG. CONTAINING: 8,500.00 square feet, 0.195 AC. Rug 21 03 12:48p Donald H. Epwin 717-236-5540 p.8 Ru~ 20 03 05:0~p Lot # 73 All that cerlain piece, parcel or tract of land situated in East Pennshoro Township, Cumberland County, Pennsylvania, known and designated as lot # 73 on thc Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cnmb~rland County Courthouse in Plan Book iT, Page 9, in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the western line, ora 50 foot right-of-way known as Brisbain Lane, as it appem's on thc aforesaid subdivision plan; thence along the northern line of lot 72 of Westwood Hills Phase V, South 85 degrees 43 minntes 24 seconds West 95.00 feet to an iroo pin; thence along the eastern line o f lot 69 of Westwood Hills Phase V, North 08 degrees 0§ minutes 32 second West 28.41 feet to an iron pin at the southeast comer Gl'lot 68; thence along the eastern line of lot 68 of Westwood Hills Phase V, Noah 08 degrees 05 minules 32 second West 51.59 feet to an iron pin at the southwast corner of lot 74; thence along the southern line of lot 74 of Wastwood FIills Phase V, North 85 degree 43 minutes 24 second East 95.00 feet to an iron pin; said iron pin being the southeast corner of lot 74 and on the wastero line of a 50 foot right-of-way known as Brisbain Lane, thence along thc aforesaid western right-of-way line South 04 degrees 16 minutes 36 seconds East $0.00 feet ~o an iron pin the place of BEGINNING. CONTAINING: 7,600.00 square fe~t, 0.174 AC. Lot # 74 All thal certain piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as lot # 74 on the Final Subdivision Plan for W~twood Hills Phase V, as recorded in Cumberland County Courthouse in Plan Book 87. Page 9, in wkich it is more fully bounded and described as follows, to wit: ' BEGINNING at a,~ iron pin in the ~vestero line, of a 50 foot right-of-way known as Brisbaln Lane, as it appears on the aforesaid subdivision plan; thence along the northern line of lot 73 of Westwood Hills Phase V. · Sooth 85 degrees 43 minutes 24 seconds West 95.00 feet to an iron pin; thence along thc eastern line of lot 68 of Westwood Hills Phase V, Noah 08 degrees 05 minutes 32 second We. st 28.41 feet to an iron pin at the southeast comer of lot 67; thence along the eastern line of Jot 67 of Wastwood Hills Phase V, North OR degrees 05 minutas 32 second West 51.59 feet to an iron pin at the southwest comer of lot 75; thence along the ' · degree ,;3 minutes *~ southern hne of lot 75 el Westwood Hills Phase V, North 85 - second East 95.00 feet to an iron pin; said iron pin being the southeast corner of lot 75 and on the western line ora 50 foot right-oPway know:a as Brisbain Lane, thence along the aforesaid western right-of-way line South 0d degrees 16 minutes 36 seconds East 80.00 feet to an iron pin the place of BEGINNING. CONTAINING: 7.600.00 square feet, 0.174 AC. ,Au~ E1 03 12:50p Donald H. Erwin 717-236-5540 p.11 Ru~ 20 03 OS:02p Lot # 76 All that certain piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, kno~vn and designaled as lot # 76 on the Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cumberland Cotmty. Courthouse in Plan Book 87, Page 9, in which it is more fnlly bounded and described as follows. 1o wit: BEGINNING at an iron pin in the western line, ora 50 foot right-of-way known as Brisbain Lane, as it appears on the atbrasaid subdivision plan; thence along the northern line of lot 74 of Westwood Hills Phase V, South g5 degrees 43 minutes 24 seconds Wast 95.00 feet to an iron pin; thence along the eastern line of lot 66 of Westwood Hills Phase V, No~:h 24 degrees 22 minutes 45 second West 72.73 feet to an iron pin at the northeast comer eliot 66 and on the southern line, ora 50 foot right-of-way known as Brisbain Lane; thence along the aforesaid southern right-of-way North 5g degree 36 minutes 45 second East 7.96 feet to an iron pin; thence along the southern llne of the aforesaid right- of-way on a radius of 160.00 feet, having a chord bearing of N 66 degrees 02 minutes 47 seconds East a chord of 41.40 feet to an iron pin on the Phase V, Phase IV boundary: southern 50 foot right-of-way of Brisbain Lane marking the Phase V & Phase IV boundary; thence continuing along the southern fight-of-way on a radius 160 feet, having a chord bearing of N 79 degrees 36 minntas 06 seconds East a chord of 34.12 feet to an iron pin. continuing along the aforesaid southern right-oPway N 85 degrees 43 minutes 24 seconds East 25.00 feet to an iron pin; continuing along the aforesaid southern right- of-way on a radius of 15.00 feet, having a chord bearing of S 49 degrees 16 minutes 38 seconds East a chord of 21.21 feet to an iron pin; thence along the afoxesald western right-of-way line South 04 degrees 16 minutes 36 seconds East 74.51 feet to an iron pin the place of BEO1NNINO. CONTAINIlqG: 9,283.94 square feet, 0.213 AC. Lot # 75 All that certain piece, parcel or tract of [and situated in East Pennsbom To'em.ship, Cumberland County, Pennsylvania, known and designated as lot # 75 on the Final Subdivision Plan for Westwood Hills Phase V, as recorded in Gumberland County Courthouse in Plan Book 87, Page 9, in which it is more fully bounded- and described as follows, to wit: BEGINNING at an iron pin in the western line, of a 50 foot right-of-way known as Brisbain Lane, as i~ appears on the aforesaid subdivision plan; thence along the northern line of lot 74 of Westwood Hills Plmse V, South 85 degrees 43 minutes 24 seconds West 95.00 feet to an iron pin; thenc~ along the easlern line of lot 67 of Westwood Hills Phase V, North 08 degrees 05 minutes 32 second West 38.94 feet to an iron pin at the southeas~ corner of lot 67; thence along the eastern hue of lot 66 of Westwood 1-lills Phase V, North 08 degrees 05 minutes 32 second West 41.06 feet to an iron pin at the .southwest corner of lot 76; thence along the southe_rn line of lot 76 of Westwood Hills Phase V, North 85 degre* 43 minutes 24 second East 95.00 feet to an iron pin; said iron pin being the southeast comer of lot 76 and on the western line ora 50 foot right-of-way known as Brisbaiu Lane, thence along the aforesaid westnro fight-of-way line South 04 degrees 16 minutes 36 seconds East g0.00 feet to an iron pin the place of BEGINNING. CONTAINING: 7.600.00 square feet, 0.174 AC.