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Home My WebLink About08-0002StpulationS Against Liens File Number 07-26385C-1 CHARTER HOMES AT THE PRESERVE, INC., A PENNSYLVANL4 CORPORATION Owner ~fn the QZourt of Q'Commou ~Ieag Q'Countp of Cumberland Pennsylvania CHARTER HOMES BUILDING COMPANY Contractor Docket Number 71.c . 0 i - Q .z.. M L.O Term 19 Page Number ~lijerea~, on this 5th day of December, 2007, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT THE PRESERVE, 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 PICKETT LANE, LOT 91-93„ , Hampden Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT THE PRESERVE, 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 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. .hobo, ~Glhig ~greemeut '~itue~~etfj: 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 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: CHA E HOM THE PRESERVE, INC. CH ER H BUILDING COMPANY STIPULATION AGAINST LIENS- 2-8-OO.DOC V Fide No. Q7-26385C-1 DFN All those three certain parcels of real property described as follows: Parcel 1: LOT 91 THE PRESERVE -PHASE 1A All that certain tract of land situated in Hampden Township, Cumberland County, Pennsylvania, being Lot 91 of "The Preserve" by its Plan titled Final Subdivision Plan -Phase 1A as recorded in Cumberland County Plan Book 89, Page 108 on September 30, 2004; being more particularly described as follows: BEGINNING at a point along the eastern right-of-way of Pickett Lane, said point being located North 40 degrees 24 minutes 30 seconds West a distance of 560.33 feet from an iron pin located at the northeast corner of lands now or formerly of Robert S. Berry; thence along the eastern right-of-way of Pickett Lane North 25 degrees 38 minutes 08 seconds West a distance of 140.19 feet to a point; thence along Open Space Tract North 88 degrees 44 minutes 04 seconds East a distance of 122.81 feet to a point; thence along the same South 30 degrees 24 minutes 39 seconds East a distance of 89.82 feet to a point; thence along Lot 92 of "The Preserve" South 64 degrees 21 minutes 52 seconds West a distance of 119.35 feet to a point, being the place of beginning. Parcel 2: LOT 92 THE PRESERVE -PHASE 1A All that certain tract of land situated in Hampden Township, Cumberland County, Pennsylvania, being Lot 92 of "The Preserve" by its Plan titled Final Subdivision Plan -Phase 1A as recorded in Cumberland County Plan Book 89, Page 108 on September 30, 2004; being more particularly described as follows: BEGINNING at a point along the eastern right-of-way of Pickett Lane, said point being located North 43 degrees 49 minutes 52 seconds West a distance of 457.55 feet from an iron pin located at the northeast corner of lands now or formerly of Robert S. Berry; thence along the eastern right-of-way of Pickett Lane North 25 degrees 38 minutes 08 seconds West a distance of 107.14 feet to a point; thence along Lot 91 of "The Preserve" North 64 degrees 21 minutes 52 seconds East a distance of 119.35 feet to a point; thence along Open Space Tract South 30 degrees 24 minutes 39 seconds East a distance of 107.51 feet to a point; thence along the same South 64 degrees 21 minutes 52 seconds West a distance of 128.30 feet to a point, being the place of beginning. Parcel 3: LOT 93 THE PRESERVE -PHASE 1A All that certain tract of land situated in Hampden Township, Cumberland County, Pennsylvania, being Lot 93 of "The Preserve" by its Plan titled Final Subdivision Plan -Phase 1A as recorded in Cumberland County Plan Book 89, Page 108 on September 30, 2004; being more particularly described as follows: BEGINNING at a point along the eastern right-of-way of Pickett Lane, said point being located North 43 degrees 49 minutes 43 seconds West a distance of 247.36 feet from an iron pin located at the northeast corner of lands now or formerly of Robert S. Berry; thence along the eastern right-of-way of Pickett Lane by a curve to the left with a radius of 175.00 feet and an arc length of 24.23 feet, with a chord bearing of North 47 degrees 03 minutes 13 seconds West a chord distance of 24.21 feet to a point; thence along the same North 51 degrees 01 minutes 15 seconds West a distance of 88.00 feet to a point; thence along Open Space the following five (5) courses and distances: 1. North 38 degrees 58 minutes 45 seconds East a distance of 25.00 feet to a point; 2. North 59 degrees 35 minutes 21 seconds East a distance of 107.57 feet to a point; 3. South 30 degrees 24 minutes 39 seconds East a distance of 108.89 feet to a point; 4. South 59 degrees 35 minutes 21 seconds West a distance of 68.67 feet to a point; STIPULATION AGAINST LIENS- 2-8-OO.DOC 5. South 46 degrees 54 minutes 48 seconds West a distance of 25.00 feet to a point, being the place of beginning. 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