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HomeMy WebLinkAbout01-0009Stipulations Against Liens VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNS YL VANIA CORPORA TION In the Court of Common Pleas County of CUMBERLAND Docket Number , Pennsylvania Term 19 VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORA TION Contractor Page Number Whereas, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PENNSYLVANIA 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. 124, WES'i'WOOD 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 Wit~esseth: 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 ail 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. 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 mateda{s furnished under any supplemental contract for extra work in the erection, construction and comptefion 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. Signed and sealed in the presence of: By-.~ j ~' V V V' ROBERT P. BOWMAN, PRESIDENT VILLA f ,.BylL S2NC; -- ROBERT P. BOWMAN, PRESIDENT STIPULATION AGAINST LIENS- 2-8-00.DOC File No. 00-4996C Exhibit "A" 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 southern right-of-way line of Westwood Drive at the dividing line of Lot No. 123 and Lot No. 124; thence by line of Lot No. 123, South fifty-one degrees twenty-seven minutes twenty-nine seconds East {S 51° 2'/' 29" E), one hundred twenty- nine and seventy-seven {129.77) feet to a point; thence by line of other lands now or formerly of Westwood Hills, South forty-six degrees twenty-four minutes twenty-three seconds West {S 46° 24' 23" W), five and seventeen hundredths (5,17) feet to a point; thence by same, South twenty degrees fifty-six minutes zero seconds West (S 20" 56' 00" W), ninety-six and forty-nine hundredths {96,49) feet to a point at the dividing line of Lot No. 125, Westwood Hills, Phase I, and Lot No. 124; thence by line of Lot No. 125, Westwood Hills, Phase I, North thirty-five degrees forty-eight minutes fifty seconds West (N 36° 48' 60" W), one hundred fifty-nine and eighty hundredths (159.80) feet to a point on the southern right-of-way line of Westwood Drive; thence by said right-of-way line by a curve to the left having a radius of two hundred and zero hundredths {200.00) feet and an arc length of twenty-seven and sixteen hundredths (27.16) feet, said curve also having a chord bearing and distance of North fifty-degrees seventeen minutes forty-seven seconds East (N 60' 17' 47' E), twenty-seven and fourteen hundredths (27,14) feet to a point; thence by same, North forty-six degrees twenty-four minutes twenty-three seconds East {N 46* 24' 23" E), forty-two and forty-one hundredths (42.41) feet to a point at the dividing line of Lot No. 123 and Lot No. 1 24, the place of BEGINNING. BEING Lot No. 124 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.