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HomeMy WebLinkAbout04-4993Stipulations Against Liens File Number 04-t6082C VILL.d GE HOMES ~4 T WESTWOOD GLEN, INC., .4 PENNSYL V.4NI.4 CORPORA TION Owner FILL4 GE HOME BUILDERS, INC. In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 19 Whereas, on this 23rd day of September, 2004, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER PA 17601 has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER PA 17601 for the erection or construction ora SINGLE FAMILY DWELLING upon the lot of ground known as 656 BRISBAIN LANE, LOT 57, WESTWOOD, Enola, 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 laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~u~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. ~Lrtd, 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 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: VIL GM A WES OODG N, ..c..ow.. ROIE~RYP. ~OWMAN, PRESIDENT VIIL~C.~ H~ME ~NTRACTOR BY:IA ~ ~-/ -- ROBERT P. BOWMAN, PRESIDENT STIPULATION AGAINST LIENS- 2-8-00 FiJe No. 04-'I6082CDFN ALL THAT CERTAIN lot, piece, parcel or tract of land situated in East Pennsbom Township, Cumberland County, Pennsylvania, known and designated as Lot #57 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 eastern fifty (50) foot fight-of-way of Brisbain Lane, at the comer of Lot 62, as it appears on the aforesaid subdivision plan; thence South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), the following two (2) distances ninety-four and twenty-four hundredths (94.24) feet to an iron pin and twenty-nine and twenty-nine hundredths (29.29) feet to an iron pin, total of one hundred twenty- three and fifty-three hundredths (123.53) feet to the comer of Lot 58 and Lot 61; thence along Lot 58, North seventy-four degrees thirty minutes fifty-six seconds West (N 74° 30' 56" W), one hundred fifteen and three hundredths (115.03) feet to an iron pin; thence along the eastern fifty (50) foot right-of-way of Brisbain Lane on a curve to the right having a radius of one hundred thirty-two and zero hundredths (132.00) feet, an arc length of eighty-four and twenty-eight hundredths (84.28) feet, North forty degrees nineteen minutes nineteen seconds East (N 40° 19' 19" E), and a chord of eighty-two and eighty-five hundredths (82.85) feet to an iron pin; thence along the aforesaid fifty (50) foot right-of-way North fifty-eight degrees thirty-seven minutes one second East (N 58° 37' 01" E), fifty-six and twenty-seven hundredths (56.27) feet to an iron pin; the place of BEGINNING. STIPULATION AGAINST LIENS- 2-8-00