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HomeMy WebLinkAbout10-3512r- Stipulations Against Liens File Number 10-31519C CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION Thy ` ' A%n the Court of (Common PCen QCountp of 2010 PAY 26 All 10: U5 r`q?w ;?,'( a? A?)lw;?, Cyu./mblerland yCk-3(bfal Docket Number CHARTER HOMES BUILDING Page Number COMPANY Contractor , Pennsylvania /a-75-/a M/--D Term 19 Whereas, on this 14th day of May, 2010, CHARTER HOMES BUILDING COMPANY ('Contractor") of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION ("Owner") of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 40 BELLA VISTA DRIVE, LOT 54, BELLA VISTA, MECHANICSBURG, PA 17055, Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and Wbereas;, 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. jeobo,19tjfg fgreement 1Vitneg2;etb: 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. 311b 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. Ztnb, 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: CHA R OMES BURG, INC. BY: JO N . FULLME IC SIDENT ATTE BY: ILA JOH ULLMER, ., AS I SECRETARY CHAR ? W B Y AN ? BY: gyn. - - JOH M. ULLMER,-JR., V1Clll PRES ENT & SECRE RY STIPULATION AGAINST LIENS- 2-8-00.11DOC File No. 10-31519CDFN ALL THAT CERTAIN lot or tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being part of recorded Subdivision Plan recorded August 22, 2005 in Plan Book 91, Page 32, being Lot #54 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc., more particularly bounded and described as follows to wit: BEGINNING at a point on the southern right-of-way line of Bella Vista Drive at the northeast corner of Lot #53; thence along said right-of-way line North seventy-two degrees thirty-eight minutes thirty-one seconds East (N 72° 38' 31" E), four and eighty-three hundredths (4.83) feet to a point; thence along the same by a curve to the left, said curve having a chord bearing and distance of North sixty-three degrees seven minutes zero seconds East (N 630 07' 00" E), one hundred seven and fifty-seven hundredths (107.57) feet, a radius of three hundred twenty-five and zero hundredths (325.00) feet, and an arc distance of one hundred eight and six hundredths (108.06) feet to a point being the northwest corner of Lot #55; thence along Lot #55, South twenty-four degrees thirty-nine minutes two seconds East (S 240 39' 02" E), one hundred fifty-five and zero hundredths (155.00) feet to a point being a northern corner of Lot #28; thence along Lot #28, South forty degrees nine minutes twenty- four seconds West (S 40109' 24" W), one hundred twenty-four and eight hundredths (124.08) feet to a point being an eastern corner of Lot #53; thence along Lot #53, North twenty-four degrees thirty- nine minutes two seconds West (N 240 29' 02" W), two hundred four and twenty-four hundredths (204.24) feet to a point, being the place of BEGINNING. STIPULATION AGAINST LIENS- 2-8-00MOC