HomeMy WebLinkAbout04-4165Stipulations Against Liens
File Number 04-15688C
VILLA GE HOMES A T
WESTWOOD GLEN, INC., A
PENNS YL VANIA
CORPORATION
Owner
VILLAGE HOME BUILDERS,
INC.
In the Court of Cornmon Pleas Cotmty of
Cumberland
Docket Number
Page Number
, Pennsylvania
/~[x~.~ Terml9
Whereas, on this 11th day of August, 2004, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER PA 17601 has entered into a contract with VILLAGE HOMES AT WES-J'WOOD GLEN, INC., 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 643 BRISBAIN LANE, LOT 49,
WESTWOOD, EnoM, PA 17025,, 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 A~eement Witnesseth.' 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,
materialman, 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 {aborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
A~d 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
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed Jn the presence of:
VII~G~NC., OWNER
ROBERT P. BOWMAN, PRESIDENT
RO~RT P. BOWMAN, PRESIDENT
STiPULATiON AGAINST LIENS- 2-8-00
File No. 04-15688CDFN
ALL THAT CERTAIN lot, piece, parcel or tract of land situated in East Pennsboro Township, Cumberland
County, Pennsylvania, known and designated as Lot #49 on the Final Subdivision Plan for Westwood Hills
Phase V, as recorded in Cumberland County courthouse in Plan Book 87, Page 9, in which it is more fully
bounded and described as follows, to wit:
BEGINNING at an iron pin in the southern line, in the fifty (50) foot right-of-way Brisbain Lane, as it appears
on the aforesaid subdivision plan; thence along Lot 48, South twenty-four degrees forty-three minutes forty-four
seconds West (S 24° 43' 44" W), two hundred eleven and sixty-six hundredths (211.66) feet to an iron pin at the
comer of land now or formerly Village Homes At West Glen, Inc.; thence along the aforesaid owner, North
seventy-four degrees twenty-four minutes thirty-five seconds West (N 74° 24' 35" W), thirty-nine and fourteen
hundredths (39.14) feet to an iron pin; thence along the aforesaid owner, North sixty-six degrees six minutes
forty-three seconds West (N 66° 06' 43" W), forty-six and eighty-nine hundredths (46.89) feet to an iron pin at
the comer of Lot 50; thence along Lot 50 North twenty-five degrees forty-three minutes six seconds East (N 24°
43' 06" E), two hundred two and thirty-two hundredths (202.32) feet to an iron pin; thence along the southern
fifty (50) foot right-of-way of Brisbain Lane on a crave to the left having a radius of one hundred eighty-two and
zero hundredths (182.00) feet, an arc length of nine and seventy-four hundredths (9.74) feet, Soutb seventy-nine
degrees fifty-one minutes twenty-eight seconds East (S 79° 51' 28" E), and a chord of nine and seventy-four
hundredths (9.74) feet to an iron pin; thence along the aforesaid right-of-way, South eighty-one degrees twenty-
three minutes twenty-six seconds East (S 81° 23' 26" E), twenty-five and zero hundredths (25.00) feet to an iron
pin; thence along the aforesaid right-of-way on a curve to the right having a radius of one hundred seventy-five
and zero hundredths (175.00) feet, an arc length of forty-nine and twenty-three hundredths (49.23) feet, North
seventy-three degrees nineteen minutes fifty-one seconds West (N 730 19' 51" W), and a chord of forty-nine and
seven hundredths (49.07) feet to an iron pin, being the place of BEGINNING.
STIPULATION AGAINST LIENS- 2-8-00