HomeMy WebLinkAbout04-5168Stipulations Against Liens
FiFe Number 04-16155C
VILLAGE HOMES AT
WESTWOOD, INC., A
PENNS YL VANI~
CORPORATION
In the Court of Common Pleas County of
VILIM GE HOME BUILDERS,
INC.
Comractor
Ow. er Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 6th day of October, 2004, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER PA 17601 has entered into a contract with VILLAGE HOMES AT WESTVVOOD, 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 648 BRISBAIN LANE, LOT 59, WESTWOOD GLEN,
Enola, PA 17025,, East Pennsboro Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which
VILLAGE HOMES AT WESTVVOOD, 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 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,
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, improvements, lot of ground or any part
hereof, or the curtilage or curfilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers
shall look to end 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.
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 pad
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.
File No. 04-161 $SCDFN
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania, known and designated as Lot #59 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 northern line of the fifty (50) foot right-of-way of Brisbain Lane, as it appears
on the aforesaid subdivision plan; thence along Lot 58 North seventy degrees twelve minutes thirty-six seconds
East (N 70° 12' 36" E), one hundred sixteen and ninety-two hundredths (116.92) feet to an iron pin at the comer
of Lot 58 and Lot 61; thence South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), for
the following two (2) distances twenty-three and seventy-seven hundredths (23.77) feet to an iron pin, and
ninety-two and zero hundredths (92.00) feet to an iron pin; thence along the northern fifty (50) foot right-of-way
of Brisbain Lane, North eighty-one degrees twenty-three minutes twenty-six seconds West (N 81 o 23' 26" W),
nineteen and eighty-seven hundredths (19.87) 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 one hundred twenty-seven and eighty-eight hundredths (127.88) feet, North fifty-
three degrees thirty-eight minutes nine seconds West (N 53° 38' 09" W), and a chord of one hundred twenty-
two and ninety-four hundredths (122.94) feet to an iron pin, being the place of BEGINNING.
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