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HomeMy WebLinkAbout08-0891~ ~ w Stipulations Against Liens File Number 08-26762C CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION Owner ~tt t><je 'Court of ~Commott ~Cea~ ~Coutttp of Cumberland Pennsylvania CHARTER HOMES BUILDING COMPANY Contractor Docket Number Page Number Term 19 ~fjerea~, on this 1st day of February, 2008, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT HARRISBURG, 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 30 BIANCA COURT, BELLA VISTA, LOT 51, MECHANICSBURG, PA 17055, Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and ~~jerea~, 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. .~obn, ~Fji:~ ~greemettt ~ittte~~et><j: 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. ~ttD 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. ~ttb, 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 impertections 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: CHART HARRISBURG, INC., OWNER BY: ROB R C. THSAM, VICE PRESIDENT CHARTER HOMES BUILDING COMPANY, CONTRA~~ BY: ~--.__ ROBERT L~ATHSAM, VICE PRESIDENT STIPULATION AGAINST LIENS- 2-8-OO.DOC t r ~ , LOT NO. 51: ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of Bianca Court at the northwest corner of Lot No. 50; thence along said right of way line by a curve to the left, said curve having a chord bearing and distance of North fourteen degrees forty-four minutes thirty-five seconds West (N 14° 44' 35" W), thirty-four and twenty-two hundredths (34.22) feet, a radius of three hundred seventy-five and zero hundredths (375.00) feet and an arc distance of thirty-four and twenty-three hundredths (34.23) feet to a point; thence along the same, North seventeen degrees twenty-one minutes twenty-nine seconds West (N 17° 21' 29" W), seventy and sixty-five hundredths (70.65) feet to a point being the southwest corner of Lot No. 52; thence along Lot No. 52, North seventy-three degrees eleven minutes nineteen seconds East (N 73° 11' 19" E), one hundred thirty-three and fifty hundredths (133.50) feet to a point being the southwest corner of Lot No. 53; thence along Lot No. 53, South sixty-eight degrees thirty- eight minutes thirty-three seconds East (S 68° 38' 33" E), one hundred forty-three and zero hundredths (143.00) feet to a point on the western line of Lot No. 28; thence along Lot No. 28, South one degree forty-three minutes twenty-four seconds East (S 01 ° 43' 24" E), thirty-seven and fifteen hundredths (37.15) feet to a point being the northeast corner of Lot No. 50; thence along Lot No. 50, South seventy-seven degrees fifty-two minutes nineteen seconds West (S 77° 52' 19" W), two hundred thirty-seven and sixty-one hundredths (237.61) feet to a point, being the place of BEGINNING. BEING Lot No. 51 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc. STIPULATION AGAINST LIENS- 2-8-OO.DOC C ~ r=~ ~., s-v , m ~ ~ ,,, / t ~ `j~~s 1 (j .. ~. ~ -rs rte, 7.~~ . ~.. ~=' ~ `' ~ ~'rt J,\ =j p `~ GO ~