HomeMy WebLinkAbout01-4650Stipulations Against Liens
CHARTER HOMES BUILDING
COMPANY, .4 PENNSYLVANIA
CORPORATION
Owner
VILL/IGE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORA TION
CUMBERLAND
Docket Number o l - q652~ ffl
, Pennsylvania
Term 19
Page Number
~l~ereas, on tlT{~ ,?,0~ ba~, of ~'u[~,, 2001, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, 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 EDENDERRY WAY, LOT 105., EAST PE-NNSBORO
TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and
~i}erea~, it is the intention of Owner end 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 dght of anyone to claim any such lien be
waived hereby.
J:~etu, ~bi8 ~[~t~gi~t ~it~g~;se~: That Contractor, for end 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, end
intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all
subcontractors, materiaimen, 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 curtiiages appurtenant thereto by anyone, and that all subcontractors,
materialman 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 dght of lien by anyone, shall be an independent covenant and shall operate end be
effective with respect to work done and materials furnished under any supplemental contract for extra work in the
erection, construction end completion of the building as well as to any work and labor done end materials furnished
under the contract aforesaid.
~lnll, 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 end 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 end 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:
By~~MPANY, OWNER
ROBERT P. BOWMAN, PRESIDENT
B;L~TRACTOR
ROBERT'P: BOWMAN, PRESIDENT
LOGAN'S RUN STIp
File No. 01-8163,CDFN
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern dedicated right-of-way line of Edenderry Way at the dividing line of LOt #104 and Lot #105;
thence by line of LOt #104, Noah twenty-one degrees twenty-one minutes twenty second East (N 21° 21' 20" E), one hundred seventy
seven and sixty-nine hundredths (177.69) feet to a point; thence by line of land of Logan~ Run, Phase I, South simy-seven degrees
sixteen minutes fifty-seven snconds East (S 67° 16' 5T' E), one hundred six and fifty hundredths (106.50) feet to a point at the dividing
line of Lot #106 and Lot #105; thence by Lot #106, South thirty-one degrees eleven minutes four seconds West (S 31° 11' 04" W), one
hundred eighty and thiay-eight hundredths (180.38) feet to a point on the northern right of way line of Edenderry Way; thence by said
right of way line by a curve to the left, having a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length
of thirty and two hundredths (30.02) feet to a point; thence by same, Noah sixty-eight degrees thirty-eight minutes forty seconds West
(lq 68° 38' 40" W), forty-five and eighty hundredths (45,80) feet to a point at the dividing line of LOt #102 and Lot #103, tho place of
BEGINNING.
BEING Lot #105 on the Final Subdivision Plan for Losan~ Run, Phase IV recorded in Plan Book 83, Page 27.
SUBJECT to various drainage easement and wetlands as shown on the above mentioned subdivision plan.
SUBJECT to other restrictions and conditions as shown on the above mentioned subdivision plan.
LOGAN'S RUN STIP