HomeMy WebLinkAbout04-4894Stipulations Against Liens
File Number 03-12841C-'J
CHARTER HOMES AT THE
PRESERVE, INC., ,4
PENNSYLVANIA
CORPORA TION
Owner
HAMPTON CONSTRUCTION
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 30th day of January, 2004, HAMPTON CONSTRUCTION ('Contractor") of 424 RAILROAD AVENUE,
SHIREMANSTOWN PA 17011 has entered into a contract with CHARTER HOMES AT THE PRESERVE, 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 2335 PUTT LANE, 6214 BLUE
MOUNTAIN TRIAL,,, Hampden Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which
CHARTER HOMES AT THE PRESERVE, 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 thereo~n 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 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, materialman 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.
A~d, 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 in the presence of:
C ~E, INC., OWNER
H ~:~.PTiO. NC~ST~{ON,~CONT C~
STIPULATION AGAINST LIENS- 2-8-00
File No. 03-t 284t C-1DFN
LEGAL DESCRIPTION
LANDS OF LUCY S. & HAROLD E. COOVER &
LANDS OF AUGUSTUS PUTT
HAMPDEN TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
ALL THAT CERTAIN piece, parcel or tract of land situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania described by a Plan recorded in , Page , bounded and described as
follows, to wit:
Beginning at a concrete monument on the eastern right-of-way of Lambs Gap Road; said monument also being the
northwest property corner of lands now or formerly of Judith A. Smith; thence along the eastam right-of-way of Lambs Gap
Road North 07 degrees 04 minutes 32 seconds West a distance of 82.27 feet to a concrete monument; thence along the
same by a curve to the right having a radius of 25.00 feet, an arc length of 41.09 feet, a chord bearing of North 40 degrees
00 minutes 18 seconds East and a chord length of 36.62 feet to a concrete monument; thence along the southern right~of-
way of Blue Mountain Trail North 87 degrees 05 minutes 08 seconds East a distance of 326.59 feet; thence along Lot 90
the following four courses:
2.
3.
4.
South 09 degrees 28 minutes 08 seconds East a distance of 232.85 feet,
South 61 degrees 39 minutes 14 seconds East a distance of 192.99 feet,
South 89 degrees 21 minutes 11 seconds East a distance of 378.20 feet,
NoAh 10 degrees 46 minutes 46 seconds West a distance of 23.23 feet;
Thence along lands now or formedy of Jacob P. Richcreek and lands now or formerly of Martin & Linda Herman South 89
degrees 42 minutes 10 seconds East a distance of 742.67 feet to an iron pin; thence along lands of Jacob E. Richcreek
South 83 degrees 44 minutes 18 seconds East a distance of 330.00 feet to an iron pin; thence along the same North 44
degrees 59 minutes 18 seconds West a distance of 123.75 feet to an iron pin; thence along Richcreek, lands now or
formerly of Leroy M. Sites, and lands now or formerly of David T. Jacobs North 12 degrees 12 minutes 01 seconds West a
distance of 1106.23 feet to a stone pile; thence along Spring Hill Homeowners, lands now or formerly of Norman
Dudanowitz, and other lands of Spring Hill Homeowners North 70 degrees 37 minutes 53 seconds East a distance of
1062.75 feet to a stone pile; thence along other lands of Spring Hill Homeowners South 05 degrees 09 minutes 00
seconds East a distance of 581.30 feet to an iron pipe; thence along the same NoAh 89 degrees 28 minutes 02 seconds
East a distance of 481.22 feet to an iron pipe; thence along Wentworth Estates South 07 degrees 01 minutes 00 seconds
East a distance of 567.93 feet; thence along the same NoAh 87 degrees 05 minutes 03 seconds East a distance of 131.06
feet; thence along the same South 05 degrees 18 minutes 29 seconds East a distance of 926.13 feet; thence along lands
now or formerly of Donald L. & Rebecca E. Sherman South 78 degrees 06 minutes 24 seconds West a distance of 866.43
feet; thence along the same South 54 degrees 56 minutes 09 seconds East a distance of 50.50 feet; thence South 45
degrees 56 minutes 24 seconds East a distance of 60.15 feet; thence along the same South 19 degrees 27 minutes 34
seconds East a distance of 132.23 feet; thence along lands now or formerly of Harry E. Putt South 31 degrees 49 minutes
47 seconds East a distance of t 16.71 feet; thence South 76 degrees 34 minutes 14 seconds West a distance of 3.77 feet
to a nail; thence along lands now or formerly of Robert S. & Cherri Jo Berry North 51 degrees 35 minutes 46 seconds
West a distance of 218A5 feet; thence along the same South 80 degrees 04 minutes 14 seconds West a distance of
144.29 feet; thence along lands now or formerly of The McNaughton Company and lands now or formerly of Janet L.
Garbdck North 14 degrees 35 minutes 39 seconds West a distance of 202.99 feet to an iron pin; ther~ce along Garbrick
NoAh 30 degrees 24 minutes 39 seconds West a distance of 457.64 feet; thence along the same South 88 degrees 44
minutes 04 seconds West a distance of 791.10 feet; thence along the same and lands now or formerly of Cindy E.
Lambert South 88 degrees 35 minutes 03 seconds West a distance of 615.94 feet to an iron pin; thence along the same,
lands now or formerly of Samuel H. & Debra M. McClurkin, lands now or formerly of Larry D. Ross, lands now or formerly
of Allen P. Sutten and lands now or formerly of Daniel C. Wolfe South 86 degrees 57 minutes 52 seconds West a distance
of 597.08 feet to an iron pin; thence along lands now or formerly of Daniel J. Shank North 04 degrees 13 minutes 54
seconds West a distance of 100.00 feet to an iron pin; thence along the same South 87 degrees 31 minutes 37 seconds
West a distance of 164.36 feet to a concrete monument on the eastern right-of-way of Lambs Gap Road; thence along the
eastern right-of-way of Lambs Gap Road NoAh 06 degrees 53 minutes 30 seconds West a distance of 396.11 feet to a
concrete monument; thence along lands now or formedy of Judith A. Smith North 87 degrees 41 minutes 18 seconds East
a distance of 163.80 feet to an iron pin; thence along the same North 06 degrees 06 minutes 20 seconds West a distance
of 100.20 feet to an iron pin; thence along the same South 87 degrees 41 minutes 18 seconds West a distance of 166~83
feet to the place of beginning.
Containing 3,491,394 square feet or 80.15 acres
STIPULATION AGAINST LIENS- 2-8-00