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HomeMy WebLinkAbout01-7142Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION CUMBERLAND Docket Number o/-?/~.z oq /. o Page Number , Pennsylvania Term 19 ~ereaS, on t~iz ] ~"~ba~ of ~)e~ember, 200t, VILLAGE HOME BUILDERS, INC. ('Contractor') of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, 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 SUSAN CIRCLE, LOT 116, MECHANICSBURG, PA 17025,, EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and ~erea~, it is the intention of Owner and Contractor that neither said lot of ground ~or 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. _~ot=, ~l)i~ ~[g~reement ~i~eSSet~: 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, 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. ~nb 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. ~nb, 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 Attomey 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: CH COMPANY, OWNER BY: ~ ROBERT P. BOWMAN, PRESIDENT VILL~H~INC._~,,ONTRACTOR BY: [ ~"~/~" v' v'"-~,' ~ ROBERT P. BOWMAN, PREEIDENT LOGAN'S RUN STIP.DOC File No. 01-701'ICDFN ALL THAT CERTAIN lot or tract 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 eastern extremity of an arc connecting the southern dedicated right-of-way line of S,~n~ Circle and the eustem dedicated right-of-way line of Wexford Drive; thence by the southern fight-of-way line of Susan Circle, North sixty-two degrees fi/~y-five minutes fifty-three seconds East (bi 62° 55' 53" E), forty-two and eighty-one hundredths (42.81) feet to a point; thence by same 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 twenty-two and fifty-seven hundredths (22.57) feet to a point at the dividing line of Lot #119 and Lot #116; thence by line of Lot #119, South fifty-eight degrees ten minutes fifty-two seconds East (S 58° 10' 52" E), sixty-eight and thirty-five hundredths (68.35) feet to a point at the dividing line of LOt #117 and Lot #116; thence by line of Lot #116, South nineteen degrees fifty-four minutes fifty-two seconds West (S 19° 54' 52" W), one hundred twenty-five and eighty-six hundredths (125.86) feet to a point on the eastern right-of-way line of Wexford Drive; thence by said fight-of-way line by a curve to the right having a radius of one hundred twenty-ftve and zero hundredths (125.00) feet and an arc length of ninety-three and eighty-five hundredths (93.85) feet to a point; thence by same, North twenty-seven degrees four minutes seven seconds West (N 27° 04' 07" W), thirty-two and sixty-five hundredths (32.65) feet to a point; thence by same by a curve to the right having a radius of twenty-five and zero hundredths (25.00) feet and an arc length of thirty-nine and twenty-seven hundredths (39.27) feet to a point on the southern right-of-way line of Susan Circle, the place of BEGINNING. BEING Lot # 116 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27. SUBJECT TO various clear sight easements as shown on the above mentioned subdivision plan. LOGAN'S RUN STIP.DOC