HomeMy WebLinkAbout03-6526· Stipulations Against Liens
File Number 03-13281C
VILLA GE HOMES .4 T
WESTWOOD GLEN, INC., .4
P E NNS YL
CORPORA TION
Owner
CH.4R TER HOMES BUILDING
COMP`4NY
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 5th day of December, 2003, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER PA 17601 has entered into a contract with VILLAGE HOMES AT WESTVVOOD 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 51,49,47,45 WOODMYRE LANE,
LOTS 35, 36, 37, 38 WESTVVOOD TOWN, 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·
~dld 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.
.AJld, 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:
,.c., ow..
R~B~ERT P. BOWMAN, PRESIDENT
~BA ~T~P. BOO~WEM~N~CHA T R O E BUI lNG C ,BUILDER
STIPULATION AGAINST LIENS- 2-8-00
File No. 03.13281CJMH
TRACT 1
ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania more particularly bounded and described as follow, to wit:
BEGINNING at a point on the western line, of a fifty (50) foot right-of-way known as Woodmyre Lane, as it appears on the
aforesaid subdivision plan; thence along the northern line of Lot T-36 of Westwood Hills Phase III, passing through a party
wall of Lot T-36 and T-35, South fifty-three degrees zero minutes eleven seconds East (S 53° 00' 11" E), one hundred
ninety-one and eighty-seven hundredths (191.87) feet to an iron pin; thence North zero degrees zero minutes zero
seconds West (N 00° 00' 00" W), sixty-two and ninety-one hundredths (62.91) feet to an iron pin; thence along the
southern line of Lot T-34 of Westwood Hills Phase III, North sixty-three degrees forty-six minutes forty-one seconds East
(N 63° 46' 41" E), one hundred fifty-six and four hundredths (156.04) feet to an iron pin; said iron pin being on the western
line of a fifty (50) foot right-of-way known as Woodmyre Lane; thence along the aforesaid western right-of-way on a curve
having a radius of one hundred fifty and zero hundredths (150.00) feet, length of twenty-one and eight hundredths (21.08)
feet, South thirty-eight degrees fifty-nine minutes zero seconds West (S 38° 59' 00" W), twenty-one and eighteen
hundredths (21.18) feet to an iron pin the place of BEGINNING.
BEING Lot #T-35 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
TRACT 2
ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania more particularly bounded and described as follow, to wit:
BEGINNING at a point on the western line, of a fifty (50) foot right-of-way known as Woodmyre Lane, as it appears on the
aforesaid subdivision plan; thence along the northern line of Lot T-37 of Westwood Hills Phase III, passing through a party
wall of Lot T-37 and T-36, South fifty-three degrees zero minutes eleven seconds East (S 53° 00' 11" E), two hundred
eight and sixty-seven hundredths (208.67) feet to an iron pin; thence North twelve degrees seven minutes thirty-eight
seconds West (N 12° 07' 38" W), twenty-two and eleven hundredths (22.11 ) feet to an iron pin; thence North zero degrees
zero minutes zero seconds West (N 00° 00' 00" W), four and ninety-three hundredths (4.93) feet to an iron pin; thence
along the southern line of Lot T-35 of Westwood Hills Phase III, passing through a party wall of Lot T-35 and T-36, North
fifty-three degrees zero minutes eleven seconds East (N 53° 00' 11" E), one hundred ninety-one and eighty-seven
hundredths (191.87) feet to an iron pin; said iron pin being on the western line of a fifty (50) foot right-of-way known as
Woodmyre Lane; thence along the aforesaid western right-of-way on a curve having a radius of one hundred fifty and zero
hundredths (150.00) feet, length of twenty-four and forty-three hundredths (24.43) feet, South forty-seven degrees forty
minutes fifty-six seconds West (S 47° 40' 53" W), twenty-four and forty-two hundredths (24.42) feet to an iron pin the place
of BEGINNING.
BEING Lot #T-36 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
TRACT 3
ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania more particularly bounded and described as follow, to wit:
BEGINNING at a point on the western line, of a fifty (50) foot right-of-way known as Woodmyre Lane, as it appears on the
aforesaid subdivision plan; thence along the northern line of Lot T-38 of Westwood Hills Phase Ill, passing through a party
wall of Lot T-38 and T-37, South fifty-three degrees zero minutes eleven seconds East (S 53° 00' 11" E), two hundred
twenty-eight and thirty-three hundredths (228.33) feet to an iron pin; thence North twelve degrees seven minutes thirty-
eight seconds West (N 12° 07' 38" W), twenty-six and ninety-seven hundredths (26.97) feet to an iron pin; thence along
the southern line of Lot T-36, passing through a party wall of Lot T-36 and T-37, North fifty-three degrees zero minutes
eleven seconds East (N 53° 00' 11" E), two hundred eight and sixty-seven hundredths (208.67) feet to an iron pin; hence
along a fifty (50) foot right-of-way known as Woodmyre Lane; having a radius of one hundred fifty and zero hundredths
9150.00) feet, arc of nineteen and eighty-five hundredths (19.85) feet, South fifty-six degrees eight minutes thirty-six
seconds East (S 56° 08' 36" E), chord of nineteen and eighty-three hundredths (19.83) feet; thence along the aforesaid
western right-of-way line South fifty-nine degrees thirty-six minutes two seconds East (S 59° 36' 02" E), six and seventy-
two hundredths (6.72) feet to an iron pin the place of BEGINNING.
BEING Lot #T-37on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
TRACT 4
ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania more particularly bounded and described as follow, to wit:
BEGINNING at a point on the western line, of a fifty (50) foot right-of-way known as Woodmyre Lane, as it appears on the
aforesaid subdivision plan; thence along the northern line of Lot T-43 of Westwood Hills Phase Ill, South zero degrees
twenty-four minutes twenty-six seconds East (S 00° 24' 26" E), sixteen and seventy-four hundredths (19.74) feet to an iron
pin (previously South zero degrees forty-five minutes twenty-three seconds East (S 00° 45' 23" E), seventeen and thirty-
seven hundredths (17.37) feet on Westwood Hills Phase III Plan); thence South seventy-seven degrees thirty-one minutes
thirty-seven seconds West (S 77° 31' 37" W), one hundred seventy-eight and ninety-eight hundredths (178.98) feet to an
iron pin; thence South twelve degrees twenty-eight minutes twenty-three seconds East (S 12° 28' 23" E), sixty-five and
zero hundredths (65.00) feet to an iron pin; thence South seventy-seven degrees fifty-two minutes twenty-two seconds
West (S 77° 52' 22" W), one hundred eighteen and twenty-four hundredths (118.24) feet to an iron pin; thence North
twelve degrees seven minutes thirty-eight seconds West (N 12° 07' 38" W), forty-nine and sixty-two hundredths (49.62)
feet to an iron pin; thence North twelve degrees seven minutes thirty-eight seconds West (N 12° 07' 38" W), twenty-four
STIPULATION AGAINST LIENS- 2-8-00
and nine hundredths (24.09) feet to an iron pin; thence along the southern line of Lot T-37, passing through a party wall of
Lot T-37 and T-38, North fifty-three degrees zero minutes eleven seconds East (N 53° 00' 1 I" E), two hundred twenty-eight
and thirty-three hundredths (228.33) feet to an iron pin; said iron pin being on the western line of a fifty (50) foot right-of-
way known as Woodmyre Lane; thence along the aforesaid western right-of-way line South fifty-nine degrees thirty-six
minutes two seconds East (S 59° 36' 02" E), one hundred twenty-five and sixty-two hundredths (125.62) feet to an iron pin
the place of BEGINNING.
BEING Lot #T-38 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
STIPULATION AGAINST LIENS- 2-8-00