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HomeMy WebLinkAbout01-1718Stipulations Against Liens C~HARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION O~ner ~n the Court of Comman ~lea~ Count~, af CUMBERLAND VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION · Pennsylvania Docket Number 7Y~,. 0/~/ 7/ 2 ~7 z ~3 Term 19 Page Number aR r.-~ ~. ~ Contractor ~.~ ~;? ~ ~/~]~ereas, VIL~GE HOME BUILDERS, INC. ('ContractoC') of 114 FOXSHIRE DR VD, LANCASTER~~ 17~ has ~ entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPO~ON ~Ow~,~ of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY-'WE~ING~bpon the lot of ground known as LOGANS RUN, MECHANICSBURG PA 17025,, EAST PENNSBORO TO~SHI~ ~ CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which ~HARTER HOMES BUILD NG COMPANY, A PENNSYLVANIA CORPO~TION is the title holder of record; and ~ere~s, it is the intention of Owner and Contractor that neither said tot 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 sa~d erection or construction, and that the dght of anyone to claim any such lien be waived hereby. J=).otu, ~l~is ~greement '~Pitnessetb: That Contractor, for and in consideratien 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 delive~ 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, i ~provements, lot of ground or any part hereof or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materiaJmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~b 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 flied by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocabty authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the sai.d 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 flied 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. File No. 01-5328CDN ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 38 of Logan's Run, Phase III as described in that certain Final Subdivision Plan, Phase III Logan's Run as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 92, as follows to wit: BEGINNING at a point western extremity of an arc connecting the northern dedicztted right-of-way line of Logans Run and the western dedicated right-of-way line of Carol Lane; thence by the northern right-of-way line of Logans Run by a curve to the right having a radius of one hundred twenty-five and zero hundredths (125.00) feet and an arc length of sixty-eight and eighty-seven hundredths (68.87) feet, said curve also having a chord bearing and distance of No~th sixty-five degrees forty-nine minutes five seconds West (N 65° 49' 05" W), sixty-eight and zero hundredths (68.00) feet to a point at the dividing line of Lot #39, Logans Run, Phase II and Lot #38; thence by line of Lot #39, North thirty degrees fifty-five minutes twenty-one seconds East (N 30° 55' 21" E), one hundred nine and ninety-six hundredths (109.96) feet to a point; thence by line of land on Penn Valley Development North sixty- nine degrees thirty-nine minutes fifty-seven seconds East (N 69° 39' 57" E), sixty-seven and sixty-four hundredths (67.64) feet to a point on the western right-of-way line of Carol Lane; thence by said right-of-way Ime South thirteen degrees three minutes zero seconds West (S 13° 03' 00' W), one hundred twenty-nine and three hundredths (129.03) 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-eight and fifty-five hundredths (38.55) feet, said curve also having a chord bearing and distance of South fifty-sewm degrees thirteen minutes twenty-seven seconds West (S 57° 13' 27" W), thirty-four and eighty-four hundredths (34.84) feet to a point on the northern right-of-way line of Logans Run, the place of BEGINNING.