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HomeMy WebLinkAbout01-1477Stipulations Against Liens VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYL VANL4 CORPORA TION VILLAGE HOME BUILDERS, INC. In the Court of Common Pleas County of CUMBERLAND Docket Number Page Number , Pennsylvania ............... ": BU LDERS INC ('Contractor") of 114 FOXSHIRE DRIVE LANCASTER, F~j 17r~1 h~ entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORI:~ORAT ON ("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 WESTWOOD DRIVE,,, EAST PENNSBORO TOWNSHIP, CUMBERLAND, 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 Contrector 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. 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 Witness our hand and seal the day and year aforesaid. VILLAGE~ H~ME BUILDERS, INC., Contractor BY~ '~~~:~ Frances G. Stadel, Vice President ATFEST: Frances O. Stadel, Assistant Secretary File No. 01-5333CDN 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: . _ _ · ' , dividing line of Lot gl 15 and Lot BEGINNING at a pmnt on the northern dedicated right of way line ofWestwood Dnw% at the gl 14; thence by the northern right-of-way line of Westwood Drive, South sixty-seven degrees thirty-three minutes fifty-nine seconds West (S 67° 33' 59" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot gl 13 and Lot gl 14; thence by line of Lot g 113, North twenty-two degrees twenty-SlX minutes one second West (N 22 26 01 ), one hundred sixty-five and zero hundredths (165.00) feet to a point; thence by line of Lot gl00, Westwood Hills, Phase I, 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 gl 15 and Lot gl 14; thence by Lot :gl 15, South twenty-two degrees twenty-six minutes one second East (S 22° 26' 01" E), one hundred sixty-five and zero hundredths (165.00) feet to the northern right-of-way line of Westwood Drive, the place of BEGINNING. BEING Lot #114 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106. UNDER AND SUBJECT, NEVERTHELESS, to a twenty-five (25) foot wide Drainage Easement and variable width Drainage and Wetland Conservation Easement as shown on the above mentioned Subdivision Plan. UNDER AND SUBJECT, NEVERTHELESS, to other restrictions, conditions, and easements as set forth on the above mentioned Subdivision Plan.