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HomeMy WebLinkAbout01-4741CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORA TION Owner tile ~ourt o! ~ommon pi[aa6 ~.auntp of CUMBERL4ND , Pennsylvania VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORA TION Docket Number (~)1 - Term 19 Page Number ~ ;2 ~ Contractor c.;) ~i ~gberea~, an t~i~ ~ ~a~ al ~ugu~t, 2~t, VIL~GE HOME B~ILDERS, lNG. ('~on~a~o~ A ~4~OX~IRE DRIVE, ~NCASTER, PA 17601 has ~tered into a ~ntraa with CHARTER HOMES BUILDING C~ PA~, A ~,3 PENNSYLV~IA CORPO~TION ("~e~') of 114 FOXSHIRE DRIVE, ~NCASTER, PA 17601 for the ere~ion or ~nstruction of a SINGLE F~ILY DWELLING upon the lot of ground ~o~ as EDENDERRY WAY, LOT 103, MECHANICSBURG, PA 17025,, ~ST PENNSBORO TOWNSHIP, CUMBER~ND, PENNSYLV~IA described in E~ibit "A" hem~, ~i~ CHAR~R HOMES BUILDING COMPANY, A PENNSYLVANIA CORPO~TION is the title holder ~ m~rd; and ~g[~rea~, it is the intention of Owner and Contra<mr 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. ~0t~, ~'l~i~ ~[grecllltllt it.es et0: 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. ~tRI this agreement, waving 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: C~COMPANY, OWNER BY: , ~ ..... ROBERT P, BOWMAN, PRESIDENT' VI INC., CONTRACTOR BY: ~ ROBERT P. BOWMAN, PRESIDENT LOGAN'S RUN STIP File No. OI-6254CDFN ALL THAT CERTAIN lot or tract of land situate in East Penesboro Township, Cumberland County, Commonwcelth 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 #102 and Lot #103; thence by line of Lot #102, North twenty-one degrees twenty-one minutes twenty seconds East CN 21° 21' 20" E), one hundred eighty- one and fifty hundredths (181.50) feet to a point; thence by line of land of Logan's Run, Phase I, South sixty-seven degrees sixteen minutes fifty-seven seconds East (S 67° 16' 57" E), eighty and two hundredths (80.02) feet to a point at the dividing line of Lot #104 and Lot #103; thence by line of Lot #104, North twenty-one degrees twenty-one minutes twenty secends West (N 21 o 21' 20' W), one hundred seventy-nine and fifty-nine hundredths (179~59) feet to a point on the northern right-of-way line of Edendeny Way; thence by said fight-of-way line, North sixty-eight degrees thirty-eight minutes forty seconds West (N 68° 38' 40" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #102 and Lot #103, the place of BEGINNING. BEING Lot #t03 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27. SUBJECT to a 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