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HomeMy WebLinkAbout01-1722Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORA TION VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION CUMBE~ND Docket Number Contractor Page Number ~bereas, 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 LOGANs RUN, MECHANICSBURG, PA 17025,, EAST PENNSBoRO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, PENNSYLVANIA CORPORATION is the title holder of record; and of which CHARTER HOMEs BUILDING COMPANY, A '~9[~ere~.~, 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. .~OtU, ~l)i~ ~greement ~itne~eti): That Contractor, for and Jn considerafion of the contract aforesaid and the considerations mentioned thereunder, as wel~ as the further consideration of One Dollar ($1.00) to it in hand paid by Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending the to be legally bound hereby, does hereby Covenant, promise 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 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, or materials furnished and Work and labor done. ~[r[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 filed by Contractor or anyone acting under or through Contractor in violation of the foregoing Covenant, COntractor hereby irrevocab y 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 Jn Contractor's name, mark satisfied of record at the cost and ex e or materialman, or in the name of any one or more of the ' - - ' · clot, or any subcontractor thereof, and, for such act or acts, this shall be good and sufficient Warrant and authority, and a reference to the Court, m against fi~e braiding, improvements, lot of ground or any part 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 s°; emr;~)rs, defects and/mpeffecfions whatsoever in entering such satisfaction of in anywise touching or concerning the Witness our hand and seal the day and year aforesaid. File,No. 01-5330CDN ALL THAT CERTAIN tract of land si~ate in East Pennsboro Township, Cumberla~ad County, Pennsylvania, known as Lot No. 84 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 on the southern dedicated fight-of-way line of Logans Run, at the dividing line of Lot #85 and Lot #84; thence by line of Lot #85, South twenty-four degrees forty-five minutes eleven . o , zero hundredths (110.00) feet to a point on 1/ne of Lot t ..... t, seconds East iS 24 45 11' E), one hundred ten #19, c~,* *',un, Phase I, theuce by line of Lot #19 and Lot #18, Logans ~udn, Phase I, South sixty-five degrees fourteen minutes forty-nine seconds West (S 65° 14' 49" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #83 and Lot #84; thence by line of Lot #83, North twenty-four degrees forty-five minutes eleven seconds West (N 24° 45' w), one hundred ten and zero hundredths (110.00) feet to a point on the southern right-of-way ll ...... line of Logans Run; thence by the southern right-of-way line of Logans Run, North sixty-five degrees fourteen minutes forty-nine seconds East (N 65° 14' 49" E), eighty and zero hundredths (80.00) feet to a point at [he dividing line of Lot #85 and Lot #84, the place of BEGINNING. BEING SUBJECT to Drainage Easement as shown on the above mentioned Subdivision Plan.