HomeMy WebLinkAbout01-0008Stipulations Against Liens
VILLA GE HOMES A T
WES TWOOD GLEN, INC., .,4
PENNS YL VAN1A
CORPORA TION
Owner
In the Court of Common Pleas County of
CUMBERLAND
, Pennsylvania
VILLAGE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORA TION
Contractor
Docket Number Term 19
Page Number ~:-~': i
Whereas, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER;.PENI~YL.Y,t, ANIA
has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION
("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PENNSYLVANIA for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as LOT NO. 121, WESTWOOD DRIVE, EAST PENNSBORO
TOWNSHIP, CUMBERLAND COUNTY, 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, premise and agree, for Contractor and any and all subcontractors,
materialman, 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, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
And 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.
And, 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.
~igned and seale~~
V'LLAf "TfS fTI/'ESTOOD GLEN. ,NC.
ROBERT P. BOWMAN, PRESIDENT
V,LLA %O?E fU[E.%. ,.?. -
i
PULATION AGAINST LIENS- 2-8~00.DOC
File No. 00-4995CTLM
ALL THAT CERTAiN lot or tract of land situate in East Pennsboro Township~ Cumberland Cotmty, Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point on the southern right-of-way line of Westwood Drive at the dividing line of Lot No. 120 and Lot No. 121;
thence by line of Lot No. 120, South twenty-two degrees twenty-six minutes one secund East (S 22° 26' 01" E), one hundred thirty
and zero hundredths (130,00) feet to a point; thence by other lands of Westwood Hills, South sixty-seven degrees thirty-three minutes
fifty-nine seconds West (S 67° 33' 59"W), eighty and zero hundredths (g0.00) feet to a point at the dividing line of Lot No. 122 and
Lot No. 121; thence by line of Lot No. 122, North twenty-two degrees twenty-six minutes one second West (N 22° 26' 01" W), one
hundred thirty and zero hundredths (130.00) feet to a point on the southern right-of-way line of Westwood Drive; thence by said
right-of-way, North sixty-seven degrees thirty-three minutes fifty-nine seconds East (N 67° 33' 59" E), eighty and zero hundredths
(80.00) feet to a point at the dividing line of Lot No. 120 and Lot No. 121, the place of BEGINNING.
BEING Lot No. 121 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
IPULATION AGAINST LIENS- 2~8-00,DOC