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HomeMy WebLinkAbout01-6481Stipulations Against Liens VILL`4 GE HOMES AT WESTWOOD GLEN, INC., .4 PENNS YL V.4NIA CORPOP~4 TION Owner VILLAGE HOME BUILDERS, INC. Contractor the Court of Common Pleas Count~ of CUMBERLAND Docket Number Page Number , Pennsylvania Term 19 ~erea~, on this '~day of November, 2001, VILLAGE HOME 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 BRISBAIN LANE, LOT 34, 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 ]~erg~[sl, 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. ~o~-, ~:Bis ~grgement '~itnt~;Set~: 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. ~[ub 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. ~[llb, 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: VILLAGI~ ~OMEAS AT WITSTWOOD GLEN, INC., OWNERy//( ,( 0 D~"), ,~-- BY: I~-- ~./~_~/x.~..~ ~__~ L.-'~,_./ ~ ~ ROBERT P. BOWMAN, PRESIDENT 'ROBERT P. BOWMAN, PRESIDENT STIPULATION AGAINST LIENS- 2-8-00 File No. 01-6852CDFN ALL THAT CERTAIN lot or Wact of land situate in East Penn~boro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on eastern dedicated fight-of-way line of Brisbain Lane at the dividing line of Lot #33 and Lot #34; thence by line of Lot #33, North sixty-two degrees twelve minutes twenty-two seconds East CN 62° 12' 22" E), one hundred seven and ninety- seven hundredths (107.97) feet to a point; thence by line of lands now or formerly of Ronald G. Gates, South thirty-six degrees four minutes twenty-one seconds East (S 36° 04' 21" E), twenty-nine and forty hundredths (29.40) feet to an iron pin; thence by same, South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), eighty-seven and eighty-nne hundredths (87.81) feet to a point at the dividing line of Lot #35 and Lot #34; thence by line of Lot #35, South eighty-five degrees forty-three minutes twenty-four seconds West (S 85° 43' 24" W), one hundred and zero hundredths (100.00) feet to a point on the eastern right-of-way line of Brisbain Lane; thence by said right-of-way 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 seventy-one and seventy-one hundredths (71.71) feet, said curve also having a Chord bearing and distance of North sixteen degrees zero minutes fifty-nine seconds West (IX/16° 00' 59" W), seventy-one and twenty-one hundredths (71.21) feet to a point at the dividing line of Lot #33 and Lot #34, the place of BEGINNING. BEING Lot No. 34 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106. STIPULATION AGAINST LIENS- 2-8-00